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2021 09 02 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 2, 2021 The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, September 2, 2021, at 4:45 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Chris Presley Council Member Charles Johnson Council Member Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Kevin Troller Acting City Manager Karen Horner City Attorney Angela Jackson Acting City Clerk Mayor Capetillo convened the September 2, 2021, City Council Special Meeting with a quorum present at 4:45 P.M., all members were present with the exception of Mayor Pro Tern Laura Alvarado, who was absent. 1. PROPOSED ORDINANCES a. Consider an ordinance granting a variance to Section 42-286 (o) of the Code of Ordinances, Baytown, Texas, to extend the limited exemption for the insurance, bond or fee requirements for live outdoor exhibitions to seven (7) consecutive calendar days. Director of Health Tony Gray presented the item and noted that this was a unique situation associated with the Live Outdoor Exhibition Pen -nit and its ordinance. In the ordinance, there is an exemption from the application fees, the insurance, and the bond for nonprofit groups if they hold a short-term event, and a short-term event in the ordinance means a two-day event. Mr. Gray noted that they have a church that has decided to hold a seven-day Suicide Awareness and Prevention event at Bicentennial Park starting today and ending on September 8th. Although the event is approved for today and tomorrow with the two-day short-term exemption in place, there is not a provision in the ordinance that allows staff to grant a variance; therefore, it would require approval from Council. He noted that the church applicant, Mrs. Teresa Hoffart who is with House of Mercy Church, is requesting a variance to extend the short -tern exemption from two days to seven days so that her event can be completely exempted from the application fee, the insurance, and the bond associated with the Live Outdoor Exhibition Ordinance. Before he introduced Mrs. Hoffart to speak, Mr. Gray asked if Council had any questions for hitn or the City Council Special Meeting Minutes September 2, 2021 Page 2 of 3 Parks Department, as they have been working in tandem to bring forth this item before Council, but they had none. Mrs. Teresa Hoffart, the applicant with House of Mercy Church, commended the Health and Parks and Recreation staff for working with them behind the scenes in trying to obtain this variance so they can hold their event. Basically, their hearts' desire is to stop seeing people take their own life. It is not always addiction and she knows that a lot of people have that mindset sometimes, but depression is real. Oppression is real. Sadness is real. Every one of us in this room, if we are honest, Mayor Capetillo, would say that we have felt like we do not matter at some point in our life, and so doing these seven nights is prayerfully, going to make a change in our town because we need it. Mayor Capetillo opened the floor for questions or comments from Council. Council Member Presley asked if they had held these types of events in other cities, and Mrs. Hoffart answered yes, on a different level since they do a lot of outreach ministry. Council Member Presley then asked if it was possible for them to hold a series of two-day events with skipping a day in between the events. Mr. Gray answered no, the intent of the ordinance is to have the event covered under one pen -nit, so that is why they are coming before Council to try to extend the two-day event to a seven-day exemption. Council Member Mike Lester inquired as to whether there is a required delay between events and Mr. Gray answered yes, the term of a live outdoor event can only be up to 14 days and then you have to wait 30 days after that previous one expires. Acting City Manager Kevin Troller noted that another thing to keep in mind is that it prevents Council from being put in a position setting a precedent, so when you have something outside the realm, they can come case -by -case to Council without there being a uniform standard. Mayor Capetillo agreed and noted this was a time -sensitive matter since they are holding the event during what is nationally known as Suicide Prevention Week. A motion was made by Council Member Charles Johnson, and seconded by Council Member Chris Presley to approve Ordinance No. 14,822, related to item 1.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved City Council Special Meeting Minutes September 2, 2021 Page 3 of 3 ORDINANCE NO. 14,822 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS, "SECTION 42-286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO EXTEND THE LIMITED EXEMPTION FOR THE INSURANCE, BOND AND FEE REQUIREMENTS FOR LIVE OUTDOOR EXHIBITIONS TO SEVEN (7) CONSECUTIVE CALENDAR DAYS FOR A SUICIDE AWARENESS AND PREVENTION REVIVAL HOSTED BY HOUSE OF MERCY CHURCH FROM SEPTEMBER 2 THROUGH SEPTEMBER 8, 2021, AT BICENTENNIAL PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 2. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the September 2, 2021, City Council Special Meeting at 4:52 P.M. Angela Dickson, City of Baytown