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2014 05 22 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 22, 2014 The City Council of tlic City of Baytown, Texas, Inet in a Regular Meeting on Thursday, May 22, 2014, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with tilt lollowing in attendance: Brandon Capetlllo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysell Keith Dougherty Council Member Council Menlber Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arrays Mayer DonCarlos convened the May 22, 2014, City Council Regular Meeting with a quorum present at 6:32 P,M., all members were present with the exception of Council Member Presley who arrived at 6:36 P.M. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain. l�u• ll lab 0 *1 a. Consider approving the minutes of the City Council Re -Ular Meeting held on April 24, 2 ©14. A motion was inade by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving; the April 24, 2014, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capctillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes May 22. 2014 Page 2 of 23 Nays: None Approved 2. MAYOR AND EXXONINIOBIL SUMMER YOUTH WORK PROGRAM a. Consider a proposed resolution accepting a donation from Exxon Mobil Corporation in support of the Mayor and ExxonMobil Summer Youth Work Program. b. Consider an ordinance authorizing the 2014 Mayor and ExxonMobil Summer Youth Work Program. Mr. Steve Cope registered to speak regarding agenda Item 2,a and presented ExxonMobil's contribLA1011 In support of the 2014 Mayor and ExxonMobil SUInt-ner Youth Work Program. Mayor DoriCarlos stated that agenda items 2.a. and 2-b. would be considered together. He stated that Ordinance No. 12,545 authorizes the 2014 Mayor and ExxonMobil Summer Youth \Vork Program and Resolution 2309 accepts a $50,000 donation from Exxon Mobil Corporation in support of the program. A motion was made by Council Mcniber Terry Sain and seconded by Council Member Brandon Capetillo approving Resolution No. 2309 and Ordinance 12,545. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon CapC6110, Council Member Robcrt C. Hoskins, Mayor Pro Tein David McCartney, Council Member Mercedes Renteria 111. Council N I ci nber Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTY THOUSAND AND NO1100 DOLLARS (S50,000.00) FROM EXXON MOBIL CORPORATION FOR THE MAYOR SUMMER YOUTH PROGRAM. AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR AND EXXONMOBIL SUMMER YOUTH WORK PROGRAM; AUTHORIZING PAYMENT IN AN AMOUNT City Council regular Meeting Minutes Nlav 22. 2014 Pate 3 of 23 NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Jerry ,Johnson requested to speak to Council regarding the Baytown Veterans Appreciation Day being held on June 14, 2014. Mr. Jerry Johnsen, Commander of the VFW Post 912, stated that the Baytown Area Veterans Appreciation Day Event is planned for June 14, 2014, from 11:00 A.M. to 4:00 P.M. located at the VFW Post, 5204 North Main. b. Recognize City of Bayto►vn Employees for their Years of Service (5, 11), 15 plus years),. City Manager Leiper presented the agenda item and recognized City of Baytown Employees for their Years of Service (5. 10, 15 plus years). 5 Years: Dustin Schubert - Parks & Recreation Department, Park Project Coordinator Aaron Sheffield - Fire Mechanic Leticia Brysch - City Clerk 10 Years: Craig Contreras - Firefighter Leonard Graham - Parks K Recreation Department, Crewleader Mayor DonCarlos requested that the agenda be taken out of order to consider agenda item 7.a. 7.a. Discuss the creation of a Neighborhood Empowerment Zone Program. City Manager Leiper presented the agenda item and stated that in an effort to find ways to support new development, as well as, redevelop existing areas, staff' began investigating a Neighborhood Empowerment Zone (NEZ). He stated that a Neighborhood Empowerment Zone (NEZ) is a designated area where cities can offer economic incentives that promote investment and redevelopment, in which staff will propose at a future Council meeting. City Manager Leiper stated that Mr. David Hawes is assisting us in the development of an expanded NEZ: and he will address City Council to discuss the purposes of the proposed NEZ. Mr, David Hawes, stated that according to the Texas Local Government Codc (Chapter 378), an NEZ must be created leer at least one (1) of the following purposes: the creation cif affordable Dousing in a zone; an increase in economic development to a none; or an increase ]it the quality of social services, education, Or public safety. Mr. Hawes stated that the reconintendation is to use the purpose of creating an NEZ for economic development opportunities. City Council Regular Meeting Minutes May 22, 2014 Page 4 ot'23 Mr. Hawes stated that to form an NEZ within Texas, a city must adopt a resolution containing: finding of one or more of Sec. 378.002(1); a description of its boundaries, and a finding by the government that the NEZ will benefit the public health, safety, and welfare of the community in municipality; and finding the creation satisfies requirements of Section 312.202 Tex. Tax Code (tax abatement code). He stated that the city is requesting the power to waive or adopt fees related to construction of buildings including inspection and impact fees; enter into agreements for a period not to exceed 10 years for refunds of municipal sales tax on sales made in zone, enter into agreements abating municipal property taxes on property in zone subject to duration limits of Section 312.204 Tex Tax Code (up to ten years); and set baseline performances standards to encourage alternative building materials. Mayor DonCarlos inquired as to how the current Council would be able to adopt one small power instead of all of the powers, and leave future Councils the ability to choose. In response to Mayor Don Carlos's inquiry, City Manager Leiper stated that ally changes can be done by resolution. Mr. Hawes stated that the necessary steps to create the proposed NEZ which will have impact fees and building permit fees require that there be a City Council agenda item, a notice of the council meeting, and adopt a resolution creating the NEZ. 4. REZONING OF 27.8 ACRES OF LAND a. Consider an ordinance for the second and final reading regarding the proposed voluntary annexation of approximately 27.8 acres of land situated in Block 24, Highland Farms W.C.R.R Co. Survey No. 1, Abstract No. 895, Harris County, Texas. City Manager Lciper presented the agenda item and stated that the applicant Jean Hansen indicated the intended use of the property as commercial development for the site of the new Kroger Market Place. He stated that on February 27, 2014, the City Council approved a resolution granting the petition of lean Hansen, and directed staff to create a scrvicc plan for the proposed area of annexation. He stated that notices for the first and second public hearing were published in the March 1], 2014, issue of the Baytown Sun and posted on the City's website and notice board. He further stated that the first and second public hearings were held by City Council on March 27, 2014. Additionally, he stated that the first reading was adopted on April 24, 2014 and published in the Baytown Sun on May 04, 2014. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,527. The vote was as: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria II1, Council Member Terry Sam, Council Member Chris Presley Nays: None Approves! ORDINANCE NO. 12,527 City Council Regular Meeting Minutes May 22, 2014 Page 5 of 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 27.84 ACRES OF LAND OUT OF BLOCK 20, HIGHLAND FARMS W.C.R.R CO. SURVEY NO.1, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, APPROXIMATELY 4,000 FEET SOUTH OF I -10 AND WEST OF GARTH ROAD, BETWEEN HUNT AND ARCHER ROADS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 1). Consider an ordinance placing the property annexed into the Cite of Baytown in the previous agenda item and being described as approximately 27.8 acres of land „,enerally located ~rest of Garth Road and 1000 feet south of Hunt Road into Council District No. 3. A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern David McCartney approving; Ordinance No. 12,546. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, CoLmcil Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays None. Approved ORDINANCE NO. 12,546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 27.8 ACRES OF LAND ANNEXED INTO THE CITY OF BAYTOWN BEING GENERALLY LOCATED ALONG THE WEST SIDE OF GARTH ROAD AND APPROXIMATELY 1000 FEET SOUTH OF HUNT ROAD SITUATED IN BLOCK 20, HIGHLAND FARMS W.C.R.R. CO. SURVEY NO. 1, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes May 22, 2014 Page 6 of 23 C. Conduct a public hearing concerning a proposed amendment to the official coning map for a property of approximately 27.8 acres, legally described as tracts 4A, 5A, 6A, 7A, 7B, 8C, 9A, 9A -I, and 913 -1 of Block 20, Highland Farms, Harris County, Texas, located west of Garth Road approximately 1000 feet south of Hunt Road, from :in Open Space/Recreation (OR) District to General Commercial (GQ District. At 7:13 P.M., Mayor DonCarlos opened and conducted a public (tearing concerning a proposed amendment to the official zoning map for a property of approximately 27.8 acres, legally described as tracts 4A, 5A, 6A, 7A, 7B, 8C, 9A, 9A -1, and 913-1 of Block 20, Highland Farms. Harris County, Texas, located west of Garth Road approximately 1000 feet south of blunt Road. from an Open Space/Recreation (OR) District to General Commercial (GC) District. City Manager Leiper stated that in accordance with the ULDC, all newly annexed property is ,given an initial OR zoning designation and that the existing land use conditions fir the property are undeveloped pasture. He stated that the proposed use of the property will be a Kroger Marketplace with additional retail development. He further stated that the Planning. and Zoning Commission held public hearings on March 18 and April 15, 2014, and on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the proposed zoning anicndmcnt from OR to GC. With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 7:15 P.M d. Consider an ordinance amending the official zoning map for a property of approximately 27.8 acres legally described as tracts 4A, 5A, 6A, 7A, 7B, 8C, 9A, 9A -1, & 9B-1 of Block 20 highland Farms, Harris County, Texas, located west of Garth Road approximately 1000 feet south of Hunt Road, from an Open Space/Recreation (OR) District to a General Commercial (GC) District. Mayor DonCarlos called for the Council Members to consider approving Ordinance No. 12.547 by a show of hands. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 27.8 ACRES LEGALLY City Council Regular Meeting; Minutes May 22, 2014 Page 7 of 23 DESCRIBED AS TRACTS 4A, 5A, GA, 7A, 7B, 8C, 9A, 9A -1, && 913-1 OF BLOCK 20, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, LOCATED WEST OF GARTH ROAD APPROXIMATELY 1000 FEET SOUTH OF HUNT ROAD, FROM AN OPEN SPACE/RECREATION (OR) DISTRICT TO A GENERAL COMMERCIAL (GC) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance for the first reading for a voluntary annexation of approximately 114.795 acres of land situated in the Talcott Patching Survey, Abstract 620, Harris County, Texas, located at the northwest corner of Wallisville and Garth Roads. City Manager Leiper presented the agenda item and stated that the applicant Sowell Wallisville Partners, L.P. indicated the intended use of the property as commercial development fronting; Garth and Wallisville Roads, and an approximately 490 single family residential lot subdivision behind the commercial property. He stated that Annexation is being requested in order to extend city utilities to the site and the area to the west, the additional 13.87 acres will not be included with this annexation since it will not be developed in the near future and is being disannexed by MUD 213B. He stated that on March 27, 2014, the City Council approved a resolution granting the petition and directing staff to create a service plan for the proposed area to be annexed. He further stated that the first and second public hearings were held by City Council on April 24, 2014, and that the second reading,; is scheduled for the June 12, 2014 City Council meeting. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Chris Presley approving Ordinance No. 12,548. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tcm David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 114.795 ACRES OF LAND SITUATED IN THE TALCOTT PATCHING City Council Regular Meeting Minutes Ntav 22. 2014 Page 8 of 23 SURVEY, ABSTRACT 620, HARRIS COUNTY, TEXAS, LOCATED AT THE NORTHWEST CORNER OF WALLISVILLE AND GARTH ROADS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance terminating the Economic Development Agreement with Kiwi Golf LLC, accepting; the reversion of the property conveyed by the City to be used as Kiwi Golfs headquarters and warehouse facility, approving the Note Secured by a Personal Guaranty for the refund of the S40,000 Economic Development Grant, and accepting; the Personal Guaranty of Glen B. Bowen. City Manager Lciper presented the agenda item and stated that the City and KIWI entered into an Economic Development Agreement on January 14, 2013. (the "Agreement ") to provide incentives and financial assistance to KIWI to enhance and stimulate business and commercial activity on Market Street in the City. He stated that in consideration of the City's providing certain economic development grants, an economic development loan, and property within the City, KIWI agreed to satisfy and comply with the terms and conditions contained in the Agreement, including the establishment of jobs, creation of taxable value, and the establishment of KIWI's headquarters, warehouse, and manufacturing facilities within the corporate limits of the City. He stated that in the First Amendment to the Agreement, the City extended the time periods necessary to satisfy this second benchmark and the subsequent benchmarks. He stated that even with the extension, KIWI will not be able to meet the requirements of the second benchmark or filturc bcneluraarks, as sales have been slower than predicted and the extended and very cold winter has not jump started the golf season. He stated that KIWI does have a set of tee molds in the U.S. and is manufacturing tees in Kingwood, as well as, selling; the tees both on -line and in stores. City Manager Lciper stated that the City has provided to KIWI all economic development incentive loan in [lie amount of S150,000. He stated that KIWI is current and confident that its current level of sales will allow them to remain current on the loan. He stated that the proposal is to convert back a grant of 540,000 into a loan to be paid back at 100% and also re- convey the property on Market Street to the City. He stated that they will also provide a personal guarantee for the repayment of the S40,000. Glen Bowen registered to speak regarding agenda item 5.b. and stated that some of their challenges are preventing; them from meeting their promises. He stated that he personally guarantees that they will pay back all of the funds that they received from the city. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria Ill approving Ordinance No. 12,549. The vote was as follows: Ayes: Mayor Stcphen DonCarlos, Council Member Brandon Capctillo, Council Member Robert C. Hoskins, Mayor Pro "Tent David McCartney, Council Member Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,549 City Council Regular Meeting Minutes May 221, ?014 Page 9 of 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TERMINATING THE ECONOMIC DEVELOPMENT AGREEMENT WITH KIWI GOLF LLC; ACCEPTING THE REVERSION OF THE PROPERTY CONVEYED BY THE CITY TO BE USED AS KIWI'S HEADQUARTERS AND WAREHOUSE FACILITY; APPROVING THE NOTE SECURED BY A PERSONAL GUARANTY FOR THE REFUND OF THE FORTY THOUSAND AND NO/ 100 DOLLARS (540,000.00) ECONOMIC DEVELOPMENT GRANT PROVIDED BY THE CITY, AND ACCEPTING THE PERSONAL GUARANTY OF GLEN B. BOWEN IN RELATION TO SAID NOTE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance amending Chapter 20 "Businesses" of the Code of Ordinances, Baytown, Texas, to add a new article to he numbered and entitled Article II "Credit Access Businesses" to establish registration requirements and credit extension guidelines for credit access businesses. City Manager Leiper presented the agenda itern and stated that the City Council held a work session on this issue oil March 13th and requested that this item be brought back for its consideration on April I0th. He stated that at the April IOth meeting, the City Council requested Staff to work with the credit access businesses to see if some modifications could be made to the TML model ordinance in order to satisfy the needs of the City and to allay some of the concerns of the credit access 'businesses; therefore, an agreement was not met. He stated that the recommended ordinance for consideration is the original TML model agreement with two changes: (I) distance of 5,000 feet between the businesses, and (2) a requiremcnl that contracts be provided only in English and Spanish instead of the consumer's preferred language which is the wording in the TML agreement. Calvin Mundinger and Jenni Sellers both registered to speak regarding agenda item 5.c. Mr. Mundinger stated that he researched information tronl other cities in regards to this item with the results either being litigated or not enforced. lie stated that his recommendation was for Council not to rush into making a decision on this item and wait for the results of the litigations from the other cities. Ms. Sellers, a representative of Loan Star Title Loans, stated that they support the City's goal to protect the city and its constituents, as well as, satisfy the consumers and their clients. However, she stated that they don't believe that the proposed ordinance as drafted helps the consumer and although they support the zoning portion of the ordinance, they don't recommend passing the proposed ordinance as is. She stated that they submitted a list of some changes that would help the consumer and allow the City to pass an ordinance that would help the constituents, as well as, incorporate the 5,000 feet zoning rule. City Council Regular Meeting Minutes May 22, 20114 Page 10 of 23 Nis. Sellers stated that they agreed to the four (4) renewal limits and limiting the loan to 6% of the consumers gross income. City Manager Leiper stated that he and Ms. Sellers were close to an agreement, but because he received a clear message from others in the industry that they weren't willing to accept any regulations set forth by Council that time was being wasted. Additionally, City Manager Leiper stated that Ms. Sellers was unable to provide hire with an assurance that the negotiations between the two of them regarding this were supported by the other players in the industry. Ms. Sellers staters that she was unable to get with the other companies. City Manager Leiper stated that although he believes that what he and Ms. Sellers worked out is better than the TML ordinance, he can't recommend it if there is a chance of getting sued anyway. He further stated although he appreciates what Ms. Sellers has done; lie has to look at the best legal posture for the City. He stated that lie recommends that if Council decides to not pass the TML ordinance, to pass the distance requirement of 5,000 feet. A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member Mercedes Renteria Ill to adopt the TML Model Ordinance to include the distance requirement of 5,000 feet between any future businesses and for the loan document language to be in English and Spanish. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins; Mayor Pro Tern David McCartney, Council Member Mercedes Renteria II1, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 20 "BUSINESSES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE II "CREDIT ACCESS BUSINESSES" TO SET FORTH REGISTRATION REQUIREMENTS AND CREDIT EXTENSION GUIDELINES FOR CREDIT ACCESS BUSINESSES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF, City Manager Leiper requested that agenda items 5.d.. and G.a. be considered together. City Council Regular Meeting Minutes May 22, 2014 Page 11 of 23 5.d. Consider an ordinance closing E. Lobit Avenue at N. Main Street and W. Lobit Avenue at N. Main Street in conjunction with the establishment of a downtown railroad quiet atone. 6.a. Consider approving a resolution authorizing the submittal of a Notice of Intent to create a downtown railroad quiet zone. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,551 authorizes the closure of E. Lobit Ave, at N. Main St. in conjunction with the establishment of a downtown quiet zone. He stated that the analysis of the downtown area for creating a quiet zone demonstrated that a quiet zone can be created as long as Lobit Ave. is closed at N. Main St. and gates are installed. Fie Stated that the first step in the process is to submit a Notice of Intent to 1) all railroads operating over the public highway -rail grade crossings within the quiet zone, 2) the State agency responsible for highway and road safety, and 3) the State agency responsible for grade crossing safety. He stated that there will be a 60 -day comment period: thereafter improvements would be made to the intersection at Lobit and Main. Additionally, he stated that once the improvements are in place the final step is to submit a Notice of Quiet Zone Establishment to the Federal Railroad Administration, after which the trains will begin to abide by the quiet zone restrictions. A motion was made by Council Member Chris Presley and seconded by Mayer Pro Tern David McCartney approving Ordinance No. 12,551 and Resolution No. 2310. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,551 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING E. LOBIT AVENUE AT N. MAIN STREET AND W. LOBIT AVENUE AT N. MAIN STREET IN CONJUNCTION WITH THE ESTABLISHMENT OF A DOWNTOWN' RAILROAD QUIET ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 2310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A NOTICE OF INTENT TO CREATE A DOWNTOWN QUIET ZONE IN THE CITY OF City Council Regular Meeting Minutes May 22, 2014 Page 12 of 23 BAYTOWN IN ACCORDANCE WITH THE REGULATIONS OF THE FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR THE 'EFFECTIVE DATE THEREOF. b. PROPOSED RESOLUTIONS b. Consider approving a resolution nominating Exxon Mobil Corporation to the Office of the Governor, Texas Economic Development Bank, for designation as a qualified business and a double jurnho Enterprise Project under the Texas Enterprise Zone Program. City Manager Leiper presented the agenda item and stated that Exxon Mobil Corporation intends to invest approximately S2 billion in the next five (5) years for construction of new buildings, machinery, equipment, and hiring and training of workforce to expand the facility and improve manufacturing efficiency and production. He stated that as a result of the capital investment being made, Exxon Mobil Corporation respectfully requests to receive job retention benefits under the Texas Enterprise Zone Program. He stated that Section 2303.446(a)(4)(d) of the Texas Government Code allows a project or activity of a qualified business to be designated an Enterprise Project and receive job retention benefits if the business has clearly demonstrated that "the business is able to employ individuals in accordance with Section 2303.402. " He stated that Exxon Mobil Corporation qualifies for job retention benefits under this statutory provision because over 25% of the City of Baytown is made up of state enterprise zones (U.S. Census block groups with 20%+ poverty). He stated that Exxon Mobil Corporation commits to retaining 314 full -time employees and crating 63 full -time jobs at its Baytown Olefins Plant. He further stated that, ExxonMobil commits that twenty -five percent (25 %) of the new employees will be residents of an enterprise zone or economically disadvantaged individuals over the five (5) year Enterprise Project designation period. Rob Peplinski registered to speak regarding agenda item 6.b. to extend apprec Nat toll to the City of Baytown for the positive relationship with ExxonMobil. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Brandon Capetillo approving Resolution No. 2311. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria I11, Council Member "ferry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes May 22, 2014 Page 13 of 23 RESOLUTION NO. 2311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING EXXON MOBIL CORPORATION TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED BUSINESS AND A DOUBLE JUMBO ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER. 2303, TEXAS GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider approving a resolution naming the future park on Blue Heron Parkway to Keith Grace, Jr. Park. City Manager Lciper presented the agenda item and stated that during the City Council retreat on Saturday, February 08, 2014, Council discussed renaming of the new Blue Heron Parkway after Keith Grace, Jr. He stated that the Parks and Recreation Director stated that a possible option was to name the future 16-acre park located on Blue Heron Parkway after Mr. Grace. City Manager Lciper stated that a discussion item was placed on the March 7th Parks and Recreation Advisory Board meeting, however, two members were absent therefore, the Board decided to wait until the April sleeting to discuss and possibly vote on the proposed name. City Manager Lciper further stated that the Board net on April 02, 2014, and after much discussion, voted unanimously (6-0) to not recommend naming the future park after Keith Grace, Jr. City Manager Leiper stated that this item was put orl the agenda at the request of some Council members. Council Member McCartney stated that he spoke with Mr. Wayne Gray, a member of the Parks and Recreation Advisory Board, regarding their decision to this matter. He stated that Mr. Gray stated that they didn't want to set precedence and therefore, the Board recommended honoring him at the Bicentennial Park. Council Member McCartney stated that he shared the inf{irnlatlon that lye received from Mr. Gray to the family members and they were satisfied with the recommendation. lie stated that after the conversation, they went and viewed the memorial area of the park and noticed that there were some updates needed. He stated that the family did a fundraiser to raise money to make improvements to the hark area. Council Member McCartney further stated that they want to develop a group and make the honor an annual event. During; further discussion, Council Member Presley asked if the group is developed and the event is annually, would it be appropriate for the City to match their funds for the cause. City Manager Leiper stated that any park improvements go before the Parks Board; therefore they can submit the fund request in the budget. There was no motion on this item. Council Member Sain recommended that the Parks Board consider in tie future naming of parks and sports complexes, honoring those who have sacrificed and not these that are living. City Council Regular Meeting Minutes May 22, 2014 Page 14 of 23 7. DISCUSSIONS la. Discuss the state of City of Baytown Hurricane Preparedness and City Council Role during States of Emergency or Disaster. Emergency Management Coordinator Bill Vola presented a brief overview of the City's planning and preparedness status, the requirements of Texas Law for city government operations after a disaster, and Mayor and City Council member roles and responsibilities in said situations. He stated that Baytown is likely to be impacted by a hurricane on any given year and therefore should prepare to be totally without outside assistance for at least 72 hours and plan, resource and operate that way. He stated that cell phones, cable, internet, and other typical communications systems depend on overlicad lines which will not function during that time. He stated that the immediate post - disaster activities include: search and rescue; road/street closure; community security; preliminary damage assessment; and initial restoration of utilities. He stated that the preliminary damage assessment is crucial to receiving federal and state disaster assistance. He stated that once a disaster happens, the entire structure of the city government changes and there are no boundaries among departments. Mr. Vola stated that in the state of Texas, when a disaster occurs the Mayor declares that the State of Disaster exists, the Mayors and County Judges rule by declaration for up to seven (7) days; Council ratifies and confirms Mayor's declarations; and Council may extend the disaster declaration every seven (7) days for up to seven (7) additional days each. He stated that the reason for declaring a disaster is to allow the Mayor to exercise extraordinary powers; formally implement emergency plans; initiate aid requests from State and Federal Government; and provide additional liability protection to City government during disaster response efforts. Mr. Vola stated that disaster assistance eligibility includes the following steps: Mayor /Judge declares State of Disaster, Governor asks President for a Disaster Declaration, President declares disaster and authorizes assistance under provisions of the Stafford Act, and Proof of Government compliance with NIMS. He stated that NIMS is the standard operating procedure for managing disasters nationwide in which all govemment entities and employees are to be trained in. He stated that the required training for elected officials include IS -I00a, IS -700a, and G -200, which can be done online. 8. CONSENT Council Member McCartney requested that consent agenda item 8.h. be pulled for the sake of discussion. A motion was rnade by Council Member Claris Presley and seconded by Mayor Pro Tem David McCartney approving consent agenda items 8.a through 8.j., excluding consent item 8.11. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capctillo, Council Mernbcr Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria I11, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes May 22, 2014 Page 15 of 23 Nays: None: Approved a. Consider an ordinance authorizing the Assignment and Assumption of Purchase and Sale Agreement with Chambers County Improvement District No. I for the BAWA East Project. ORDINANCE NO. 12,552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing a cooperative purchasing agreement with the Baytown Area Water Authority ("BAWA") and approving those contracts into which BAWA enters through the use of such cooperative purchasing agreement. ORDINANCE NO. 12,553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING AGREEMENT WITH THE BAYTOWN AREA WATER AUTHORITY; APPROVING THOSE CONTRACTS INTO WHICH BAWA ENTERS THROUGH THE USE OF SUCH COOPERATIVE PURCHASING AGREEMENT: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an interlocal agreement with the City of Pasadena and a Supplemental Agreement with Novus Wood Group, L.P., concerning the Annual Wood Grinding and Material Handling Services Contract.. ORDINANCE NO. 12,554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF PASADENA, TEXAS, FOR A WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT; AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH NOVUS WOOD GROUP, L.P., CONCERNING THE SAME; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY -THREE THOUSAND TWO HUNDRED FIVE AND NO /100 DOLLARS ($223,205.00); City Council Regular Mecting Minutes May 22, 2014 Page IG of 23 MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding a construction contract to General Contractor Services, Inc., through the USA General Services Administration (GSA), for a Hydro -Stop Roofing Project at the Baytown Jail. ORDINANCE NO. 12,555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY - ONE THOUSAND FOUR HUNDRED SEVENTY - SEVEN AND 531100 DOLLARS ($131,477.53) TO GENERAL CONTRACTOR SERVICES, INC., THROUGH FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATES GENERAL SERVICES ADMINISTRATION FOR HYDRO -STOP ROOFING PROJECT AT THE BAYTOWN JAIL; AUTHORIZING A CONTINGENCY ALLOWANCE IN THE AMOUNT OF FORTY THOUSAND AND NO /100 DOLLARS ($40,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing Change Order No. 14 for the Baker Road Extension Project. ORDINANCE NO. 12,556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 14WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE BAKER ROAD EXTENSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing a Professional Services Agreement with Hart, Gaugler & Associates, Inc., for the design of the Fire Training Facility - Phase 11 Project. ORDINANCE NO. 12.557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH HART, GAUGLER & ASSOCIATES, INC., FOR THE DESIGN OF THE FIRE TRAINING FACILITY - PHASE 11 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED ONE THOUSAND EIGHT HUNDRED FORTY AND NO /100 DOLLARS ($201,840.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes May 22, 2014 Page 17 of 23 g. Consider an ordinance awarding a construction contract for the Baker Road Test Water Well Project to Bussell anti Sons, LLC. ORDINANCE NO. 12,558 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH BUSSELL AND SONS, LLC, FOR THE BAILER ROAD TEST 'WATER WELL PROJECT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY -TWO THOUSAND FIVE HUNDRED FORTY - SEVEN AND NO/100 DOLLARS (S252,547.00), MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider a resolution authorizing the Citti' to submit a grant application to the U.S.. Department of ,Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant (",JAG") Program, FY2014 Local Solicitation on behalf of the Baytown Police Department. RESOLUTION NO. 2312 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ( "JAG ") PROGRAM, FY 2014 LOCAL SOLICITATION IN THE AMOUNT OF TWENTY THOUSAND NINE HUNDRED SIXTY -SIX AND NO/100 DOLLARS (S20,966.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution authorizing the City to apply to the FY2014 Port Security Grant Program on behalf of the City of Baytown's Police and Fire Departments. Consider a resolution authorizing the City to apply to FEINIA through the U.S. Department of Homeland Security's FY2014 Port Security Grant Program (PSGP) for the purchase of an underwater breathing system for BPD's Type 11 USRTIDIVE Team and funds to support Marine Firefighting Training for BFD. RESOLUTION NO. 2313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE City Council Regular Meeting Minutes May 22, 2014 Page 18 of 23 U.S. DEPARTMENT OF HOMELAND SECURITY'S FY2014 PORT SECURITY GRAFT PROGRAM ON BEHALF OF THE BAYTOWN FIRE AND POLICE DEPARTMENTS IN THE AMOUNT OF FIFTY -SEVEN THOUSAND SIX HUNDRED THIRTY -SEVEN AND 501100 DOLLARS ($57,637.50); AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND TWO HUNDRED TWELVE AND 501100 DOLLARS ($19,212.50); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8.h. Consider an ordinance authorizing the payment for annual software maintenance with Versaterm Inc. Council Member McCartney stated that he wanted to be sure that we are using the most state of the art technology software. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Robert C. Haskins approving Ordinance No. 12,559. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Mcnnbcr Chris Presley Nays: None Approved ORDINANCE NO. 12,559 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY - SIX THOUSAND FIVE HUNDRED SIXTEEN AND 101100 DOLLARS (5126,516.10) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTENANCE: MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. APPOINTMENTS a. Consider three (3) appointments to the Baytown Industrial Appraisal Review Board. City Manager Leiper presented (lie agenda item to consider the three (3) appointments of Mr. Ronn Haddox (Chair); Mr. Chet Theiss (Vice Chair); and 3) Mr. John Strausscr (Board Member) to the Baytown Industrial Appraisal Review Board. He stated that all three (3) board members" City Council Regular Meeting Minutes May 22. 2014 Page 19 of 23 terms are set to expire on June 30, 2014, and all of whom seek reap pointrnent. If reappointed, their new terms shall begin on July 01, 2014 . and expire on .tune 30, 2015. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Mercedes Renteria III approving; the appointments of Mr. Roan Haddox (Chair); Mr. Chet Theiss (Vice Chair); and 3) Mr. John Strausser (Board Member) to (lye Baytown Industrial Appraisal Review Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 10. APPEALS a. Conduct an appeal hearing regarding the Construction Board of Adjustments and Appeals' April 30, 2014, order affirming the decision of Chief Building Official to issue a certificate of occupancy with conditions contained therein for the building located at 105 W. Pearce, Baytown, Harris County, Texas. City Manager Leiper stated that they obtained Randall Strong to serve as Legal Counsel for the City Council as the City Attorney would be representing the planning; department Staff. He stated that when Mr. Havenar appealed to the Construction Board of Adjustment he appealed four (4) specific items and when lie filed that appeal with the City Council lie changed one of the items which can't be done. He further stated that Mr. Havenar's appeal item #4 which states "use of ambiguous verbiage such as, no onsite treatment does not reflect the intent of IEBC" was never appealed to the Construction Board of Adjustment therefore cannot be heard by Council. At 8:47 P.M., Mayor DonCarlos opened and conducted an appeal hearing; regarding; the Construction Board of Adjustments and Appeals" April 30, 2014, order affirming the decision of Chief Building Official to issue a certificate of occupancy with conditions contained therein for the building located at 105 W. Pearce, Baytown, Harris County, Texas. All those who appeared to testify were sworn in by Mayor DonCarlos. During opening statements, Mr. Havenar stated that he is the owner of the property on 105 W. Pearce and has owned it since the 1990's. He stated that the property was converted into a residential facility in 2009 in which he received a certificate of occupancy. He stated that he submitted a request for a name change and was recently informed that the building was classil`ied as a hospital. He stated that his certificate of occupancy classified the property as residential without rental conditions. City Council Regular Meeting Nlinutes May 22, 2014 Page 20 of 23 Mr. Scott 'Williams, Chief Building Officer for the City of Baytown stated that oil December 11, 2413, Mr. Havenar submitted a request for an existing certificate of occupancy and staff was going to originally deny the request as the proposed use which is not permitted in ,in ACE zoning district. He stated that after ltirther review, staff detenmined that the proposed use would be similar to the previous use and could be allowed under the rules regarding non - conforming uses. He stated that under those rules, a use is allowed as non - conformity, if the proposed use of the property is not more intense than the previous use. He stated that research concerning previous use yielded a letter from the Deputy Building Official in 2009, addressed to Mr. Havenar stating that conditions of the use in 2009 would need to comply with in order to operate at the location. He stated that in order to comply with non - conformity requirement of the ULDC, the proposed use would need to abide by the same conditions as the previous use. He stated that the conditions of the previous use were condensed and printed on the new Certificate of Occupancy. Mr. Williams stated that Mr. Havenar stated that he didn't want the specific no onsite treatment conditions stated on the Certificate of Occupancy and requested that it be removed. He stated that his request to remove the condition was denied: therefore Mr. Havenar appealed staffs decision. During further discussion, Mr. Havenar stated that the property was being used for a residential care facility and should be allowed to give, not prescribe, medication as needed. He stated that he was told by staff that giving medication is considered as onsite treatment which is not allowed. Mr. Havenar stated that onsite treatment is not dclinecl in the code. Mr. Havenar stated that he requested an explanation regarding the no onsite treatment condition. He stated that lie received a response referencing the request being inconsistent with building; code and current practice. Mr. Havenar stated that there's nothing in the municode that authorizes the Chief Building; Official to function by current practice. Mr. I lavenar further stated that the certificate of occupancy that he received didn't have conditions on it. He stated that in the International Existing Building Code there is no permit required for a name change and that the reason he submitted the specific form for a name change was because he was informed by staff that there was no name change form and that was the foram to use. Mr. Havenar stated that he was only requesting to change the name from a previous tenants name to his name and not applying for a certificate of occupancy. He stated that according to the International Existing Building Code, there were certain reasons by definition for a change of occupancy in which lie was not requesting, specifically the change in purpose or use. He stated therefore there was no change of occupancy according to the code. An inquiry was made regarding the definition of onsite facility treatment. Mayor DonCarlos requested a recess at 9:52 P.M. Mayor DonCarlos reconvened the appeal hearing at 10:00 P.M. During further discussion, Mr. Williams read Section 104.1 of the Municode which clarified the authority that ICC gives to jurisdictions as it relates to the interpretation of the code. There was an inquiry if there was an application for a naive change. Mr. Williams stated that there was no change of name form, but there is a commercial application which list several types of permits. He stated that in 2002, Council passed an ordinance referencing the certificate of occupancy City Council Regular Meeting Minutes May 22, 2014 Page 21 of 23 covered under the code and that there was a specific fee called out in the code for a certificate of occupancy with no remodel which staff interpreted to address this specific condition. I-ie further stated that the existing property had a tenant that moved out with a new occupant to move to which requires a fee to include inspections. Mr. Williams stated that when considering a new certificate of occupancy, staft'rclies on the language used in the building code. He started that the existing building code cannot regulate on its own, but is supplemental in nature and designed to address the different levels of operations a building may go to, as well as, what sections of the building code would be applicable for that particular operation. He stated that for tills situation, the International Building Code language is being used as a standard practice. During further discussion, there was an inquiry if this situation would be considered for grandfatlhcring. Mr. Williams stated that Mr. Havenar was grandfathered in and allowed to operate following the same conditions as given in 2009. Mr. Williams stated that the conditions were submitted to Mr. Havenar in the form of a letter in 2009, and that the same conditions applied to the new CCO, but were typed on the CCO instead of being, submitted in letter fornh. Additionally, Mir. Williams stated that Mr. Havenar didn't want any verbiage on the Certificate of Occupancy and rejected all recommendations. At 10:37 P.M., Mayor DonCarlos closed the appeal hearing. b. Consider affirming, reversing, or modifying the decision of the Construction Board of Adjustnhents and Appeals to affirm the Chief Building Official's decision to issue a certificate of occupancy with conditions contained therein for the building located at 105 W. Pearce, Baytown, I -lrris County, Teas. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the decision of the COBA affirming tilt decision of 0130 to issue a certificate of occupancy with conditions contained therein for the building located at 105 W. Pearce, Baytown, Harris County, Texas. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria 1I1, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 11. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.087 of the Texas Government Code to discuss or deliberate commercial or financial information that the City has received from a business prospect that the City seeks to have locate in the City and with which the City is conducting economic development negotiations. City Council Regular Meeting Minutes Mav 22, 2014 Page 22 of 23 At 10.41 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.087 of the Texas Government Code to discuss or deliberate commercial or financial information that the City has received from a business prospect that the City seeks to have locate in the City and with which the City is conducting economic development negotiations. At 11:00 P.M., Mayor DonCarlos reconvened the (open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. 12. MANAGER'S REPORT a. The Annual Memorial pay Service ►rill he lield at the Veterans Memorial Plaza at Bicentennial Park on Monday, May 26, 2014, at 1 1.00 A.N.-I. h. Calypso Cave, located at N.C. Foote Park, will open for the Memorial Day weekend on Saturday, May 24, 2014, at 11:00 A.-M. C. City offices will be closer] on NlondaN, May 26, 2014, in observance of Memorial Day. City Manager Leiper presented the agenda item and stated that the Annual Memorial Day Service will be held at the Veterans Memorial Plaza at Bicentennial Park on Monday, May 26, 2014, at 11 :00 A.M., located at 1401 Market Street. Additionally, lie stated that in the event of rain, the event will still be held at 11:00 A.M., but will be moved to the Baytown Community Center, located at 2407 Market Street. He stated that Calypso Cove, at N.C. Foote Park, will open for the Memorial Day weekend on Saturday, May 24, 2014 at 1 l :00 A.M. Calypso Cove is located 2428 'West Main Street. He stated that City offices will be closed on Monday, May 26, 2414, in observance of Memorial Day and re -open on Tuesday, May 27th. 13. ADJOURN A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III adjourning the May 22, 2014, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria Ill, Council Member Terry Sain, Council Member Chris Presley Flays: None City Council Regular Meeting Minutes May 22, 2014 Page 23 of 23 Approved With there being no further business to discuss, Mayor DonCarlos adjourned the May 221 2014, City Council Regular Meeting at 11:03 P.M. cticia ABryyscAh,Cityy rk, City of Baytown .0