Mar 23, 2023 CITY COUNCIL MEETING

NO.

READY? COME A LITTLE BIT MORE.

WE HAVE ONE MORE, RIGHT? THAT'S LITTLE.

ANY MORE PEOPLE TO ADD OR STILL THE SAME GROUP? STILL SAME GROUP.

THE DIFFERENT PROGRAMS THAT WILL GO AND RECEIVE THESE LIMITED FUNDS.

SO THIS IS A PROCLAMATION FOR COMMUNITY DEVELOPMENT WEEK, WHEREAS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HAS OPERATED SINCE 1974 TO PROVIDE LOCAL GOVERNMENTS WITH THE RESOURCES REQUIRED TO PRIMARILY MEET THE NEEDS OF LOW AND MODERATE INCOME PERSONS.

THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IS AMONG THE FEW REMAINING FEDERAL PROGRAMS AVAILABLE TO ADDRESS THE NEEDS OF LOW AND MODERATE INCOME PERSONS IN SMALL CITIES.

THE COMMUNITY DEVELOPMENT BLOCK GRANT GRANT PROGRAM HAS PROVIDED THE CITY OF BAYTOWN WITH IMPORTANT AND FLEXIBLE ASSISTANCE TO MEET THE NEEDS OF LOW AND MODERATE INCOME RESIDENTS BY FUNDING SEWER, WATER, STREET IMPROVEMENT PROJECTS, ECONOMIC DEVELOPMENT PROJECTS, AND OTHER PUBLIC IMPROVEMENT PROJECTS.

WHEREAS CONGRESS AND THE NATION ACKNOWLEDGED THE CRITICAL VALUE OF THE COMMUNITY DEVELOPMENT BLOCK BLOCK GRANT PROGRAM, AND THE SIGNIFICANT PROJECTS THAT RELY ON ITS FUNDS FOR SUPPORT.

WHEREAS THE WEEK OF APRIL 10TH TO 14TH OF 2023 HAS BEEN RESERVED FOR RECOGNITION AND APPRECIATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

SO NOW, THEREFORE, I BRAND AND CAPI AS MAYOR OF THE CITY OF BAYTOWN, TEXAS DO HEREBY PROCLAIM THE WEEK OF APRIL 10TH THROUGH THE 14TH OF 2023 AS COMMUNITY DEVELOPMENT WEEK AND BAYTOWN AND URGE ALL OUR CITIZENS TO JOIN ME IN RECOGNIZING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE IMPORTANT ROLE IT PLAYS IN OUR COMMUNITY.

WHILE I WILL SAY TO THIS, UM, AS YOU KNOW, I MEAN, FEDERAL FUNDS HAVE CERTAINLY DEPLETED FOR THIS PROGRAM.

WE'VE SEEN IT THROUGHOUT THE YEARS TO CONTINUE TO GO DOWN, BUT REALLY WE'VE BEEN GREAT STEWARDS.

WE'VE SEEN A LOT OF GREAT IMPROVEMENTS, UH, FOR AREAS OF OUR CITY.

UM, AND IT'S UNFORTUNATE THAT THESE, THESE FUNDS CONTINUE TO, TO GO AND BE REDUCED.

BUT I, I DO THINK THAT WE REALLY TRY TO ADDRESS, UM, UH, A SEGMENT OF OUR COMMUNITY, UH, THROUGH MANY, MANY DIFFERENT PROGRAMS. IT'S A LOT OF HARD WORK.

IT'S A REALLY HARD, UH, COMMITTEE TO SERVE ON FOR THE CITIZENS THAT, THAT DO SERVE, TO TRY TO SELECT

[00:10:01]

SO I APPLAUD OUR STAFF AND I CERTAINLY APPLAUD THE CITIZENS THAT THEY GO AND HELP MAKE, UH, UM, ALLOW COUNSEL TO MAKE THAT DECISION WITH THEM.

UH, IT'S CERTAINLY A TOUGH CHOICE, UH, WITH LIMITED FUNDS.

SO WITH THAT, UH, ONCE AGAIN, THANK YOU FOR ALL THAT Y'ALL DO, UH, WITH THIS PROGRAM ITSELF.

UM, WE'RE GONNA CONDUCT A PUBLIC HEARING.

YOU WANT TO DO THIS? HERE WE GO.

ONE, TWO, AND ONE MORE.

I, I'LL ONLY ADD THAT, UH, WE DID GET ABOUT $80,000 MORE ALLOTTED THIS YEAR THAN WE DID LAST YEAR, AND IT'S ACTUALLY THE HIGHEST WE'VE EVER GOTTEN FOR THE CDBG PROGRAM.

SO WE'RE, WE'RE REALLY PLEASED TO MOVE FORWARD WITH THAT, UH, THIS YEAR AND, AND, UH, AND WITH THOSE PROGRAMS, NO.

YEAH, SEE, I GOT THE LETTER AND, AND, UH, I JUST KNOW FROM, FROM BACK, IT WAS PROBABLY NEARLY 20 YEARS AGO AT THIS POINT, BUT YES, WE WERE LIKE IN THE $1.5 MILLION RANGE AT ONE POINT, AND I THINK NOW WE'RE BARELY 800 ISH.

UH, SEVEN 40 I THINK IS 7 44.

9 0 7 FOR THE THERE YOU GO.

SHE KNOWS.

EXACTLY.

THERE YOU GO.

SO WE CONTINUE TO DO GOOD THINGS THOUGH WITH LIMITED FUNDS.

AND SO WE, WE CERTAINLY APPLAUD ALL THE EFFORTS.

SO, OKAY.

UH, WE'LL MOVE ON TO ITEM THREE.

A IS, IS TO,

[a. Conduct a public hearing concerning proposed text amendments to the Unified Land Development Code (ULDC) to change Section 2.10 Land Use Conditions Table A-52, 53 and 54, Non-Residential Categories, concerning certain language addressing Vehicle & boat sales, and Equipment sales & rental facilities.]

THE PUBLIC HEARING TODAY ARE BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO EXPRESS THEIR VIEWS REGARDING THE SUBJECT OF THE PUBLIC HEARINGS.

EVERYONE DESIRING TO BE PART OF TODAY'S HEARING SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED THE CITY CLERK PRIOR TO THE POSTED TIME OF THIS MEETING.

EACH PARTICIPANT SHALL GIVE HIS AND HER NAME IN ORDER TO PROVIDE A PROPER RECORD OF THESE HEARINGS.

THE RULES ALLOW EACH PERSON THREE MINUTES TO PRESENT INFORMATION.

HOWEVER, I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE.

IF YOU ARE A GROUP OF PERSONS WISHING TO ADDRESS THE COUNSEL ON THE SAME SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT THE INFORMATION.

AND IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME.

SO I'LL NOW CALL THIS ORDER, UH, IT IS NOW SIX FORTY THREE AND AN CALL TO ORDER THIS PUBLIC HEARING CONCERNING THE PROPOSED TEXT AMENDMENTS TO THE UNIFYING DEVELOPMENT CODE ULDC, SECTION 2.10.

I'LL NOW LIKE, UH, STAFF TO SUMMARIZE THE SUBJECT MATTER OF THIS HEARING.

UH, THANK YOU.

IF YOU'VE, UH, LOOKED AT YOUR AGENDA, YOU'LL SEE THAT I'M GONNA BE UP HERE A WHILE, SO LET'S GET COMFORTABLE.

UM, AGAIN, MARTIN SCRIBNER PLANNING AND ZONING, UH, THIS IS A TEXT AMENDMENT TO A CONDITION REGARDING TRAILER SALES.

I'M NOT SURE WE DON'T HAVE ANY.

UM, THE TEXT AMENDMENT WOULD REMOVE A CONDITION THAT REQUIRES THE SALE OF VEHICLES AND EQUIPMENT TO HAVE A MAXIMUM GROSS VEHICLE WEIGHT OF 13,000 POUNDS.

UH, AS CURRENTLY WRITTEN, THIS CONDITION KIND OF PRESENTS A CHALLENGE TO THE OPERATIONS OF THE BUSINESSES, AS WELL AS STAFF'S ABILITY TO ENFORCE THOSE RULES.

THE PROPOSED X AMENDMENT WOULD KEEP THE ORIGINAL INTENT OF THE ORDINANCE AND MAINTAIN THE COMPATIBILITY WITH THE OTHER USES, UH, BUT PROVIDES A SIMPLER WAY TO DETERMINE COMPLIANCE WITH THE INTENT OF THE CODE, WHICH MAINLY WAS TO MAKE SURE THAT THEY'RE SELLING EQUIPMENT FOR PERSONAL USE, UH, NOT JUST FOR COMMERCIAL OR, OR INDUSTRIAL USE.

IF THAT WERE THE CASE, IT WOULD PUT IT IN A DIFFERENT CATEGORY AND HAVE DIFFERENT RULES.

UM, STAFF ALSO COULD NOT FIND SPECIFIC REASONS FOR THE 13,000 POUND LIMIT.

UH, AS WE NOTED THAT THERE WERE SEVERAL TRAILERS THAT LOOKED EXACTLY THE SAME, AND ACTUALLY SOME OF 'EM WERE UNDER THE LIMIT AND SOME OF 'EM WERE OVER THE LIMIT.

SO FROM A VISUAL PERSPECTIVE, THERE WAS NO WAY REALLY FOR US TO, A GOOD WAY FOR US TO ENFORCE THAT.

SO REALLY, THE AMENDMENT GIVES THE PROPERTY OWNERS AND THE DEVELOPERS MORE OPTIONS FOR THOSE EQUIPMENT SALES, UM, WHILE STILL PROTECTING AGAINST THE NEGATIVE IMPACTS THAT COULD RESULT FROM THAT TYPE OF USE.

UM, REALLY THE, THE, UH, PROPOSED LANGUAGE REMOVES A CHALLENGE TO THE OPERATIONS OF THE BUSINESSES.

IT INCREASES STAFF'S ABILITY TO ENFORCE THE CONDITION.

UH, PLANNING AND ZONING COMMISSION HELD THE PUBLIC HEARING IN FEBRUARY AND HAD NO PUBLIC COMMENTS.

UH, PNZ VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THIS RE REQUEST TO COUNCIL.

YOU'LL NOTE THAT THIS AMENDMENT DOES BENEFIT THE REZONE THAT IS NEXT ON THE AGENDA TONIGHT.

UM, UNDERSTAND THAT WHILE THAT REZONE WAS NOT REQUESTED SPECIFICALLY FOR THAT BUSINESS, UH, THE REQUEST BY THE BUSINESS SORT OF MADE US PINPOINT A PROBLEM WITH THE CODE THAT CAUSED US TO PIVOT AND FIND A SOLUTION, UM, RESULTING IN THIS REQUEST.

SO OVERALL, THIS AMENDMENT DOES PROVIDE CLARITY.

CLARITY TO THE ORDINANCE, PROTECTS LONG-TERM OPERATION OF THE BUSINESSES BY FIXING A PRACTICAL PROBLEM THAT'S WITHIN THE CODE NOW.

SO PNZ AND STAFF BOTH RECOMMEND APPROVAL.

I'M HAPPY TO ANSWER ANY QUESTIONS.

IN? THAT'S ACTUALLY KIND OF A TRICK QUESTION.

IS THERE ANY QUESTIONS? UH, THIS, WE'RE RIGHT NOW IN THE PUBLIC HEARING, UH, PORTION OF THIS ITEM.

IS THERE ANY QUESTIONS FOR STAFF REGARDING YES, SIR.

QUESTION, UH, WOULD THIS APPLY TO THE, THE CHAIN? WOULD IT APPLY TO EXISTING DEALERSHIPS NOW, OR THEY'LL, OR ARE THEY GRANDFATHERED

[00:15:01]

UH, ORDINARILY I WOULD SAY YES, THAT THEY'D BE GRANDFATHERED IN, UM, EXCEPT FOR THE FACT THAT I HAVE NO WAY TO KNOW WHETHER THEY WERE OVER, ABOVE 13,000 POUNDS BEFORE.

SO, UM, SO THE NEW CODE, UM, WILL BE, AGAIN, IT'LL BE APPLICABLE TO EVERYONE, BUT IF THERE'S SOMEONE WHO IS ALREADY DOING BUSINESS THAT DIDN'T MATCH THOSE, THEN WE'LL, WE'LL HAVE TO, WE'LL HAVE TO EVALUATE THAT WHEN IT COMES UP.

SO, SO WE'RE NOT USING, WE'RE USING, WE'RE NOT USING THE TEXAS DEFINITION.

WE'RE USING THE, THE 13,000 POUND DEFINITION, WE ARE ELIMINATING THE 13,000 POUND ELIMINATING DEFINITION.

SO YOU'RE USING THE TEXAS DEFINITION, WE ARE USING, UM, FOR COMMERCIAL VEHICLES? NO.

SO IT, IT IS NOT A COMMERCIAL VEHICLE.

IT IS, IT IS EQUIPMENT, SALES, EQUIPMENT, TRAILERS, THAT SORT OF THING.

SO REALLY WHAT WE DID WAS WE HAD TO FIND A BETTER, A BETTER WAY TO DEFINE THAT CONDITION.

SO WHAT IS THE INTENT? THE INTENT IS TO MAKE SURE THAT THIS IS FOR RESIDENTIAL OR, OR PERSONAL TYPE USES, NOT COMMERCIAL INDUSTRIAL.

SO WITH THAT, WE DECIDED THAT, THAT A LOT OF THAT IS VISUAL.

SO WE WANNA MAKE SURE THAT THIS IS, UM, SO THE, THE NEW CONDITION, WE BASICALLY SAY ONLY NON-COMMERCIAL VEHICLES SHALL BE SOLD, RENTED, OR LEASED IN THESE ZONING DISTRICTS THAT HAVE THIS CONDITION.

UM, WE ALSO CHANGED, WE TOOK OUT THE 13,000 POUNDS.

UH, IN ANOTHER SECTION WE'RE SAYING THEY, THEY'LL ANY, UH, RENTAL TOOLS, TRACTORS, OR EQUIPMENT SHALL BE LESS THAN 10 FEET IN HEIGHT, UH, IN ITS STORAGE AND DISPLAY CONFIGURATION, AND SHALL NOT BE DEFINED AS HEAVY EQUIPMENT NOR DESIGNED AND USED SOLELY FOR INDUSTRIAL PURPOSES.

AND THEN WE ALSO, UH, AMENDED THE DEFINITION TO SAY HEAVY EQUIPMENT MEANS MACHINERY THAT'S USED FOR ACTIVITIES INDUSTRIAL IN NATURE.

UM, SUCH AS, AND IT KIND OF GOES ON AND ON.

SO, UM, THAT AGAIN, WE'D BE RELYING ON THAT RATHER THAN A POUNDAGE, UH, UH, DEFINITION THAT WE DON'T REALLY KNOW WHERE IT COMES FROM OR, OR WHAT THE INTENT IS.

ONE LAST QUESTION.

UH, HAVE WE HAVE ANY, GOT ANY FEEDBACK FROM EX UH, THE CURRENT DEALERS THAT ARE IN BAYTOWN OR, UM, I, I HAVE NOT.

AGAIN, I DON'T, I I DON'T ANTICIPATE THIS AFFECTING THEM AT ALL.

I REALLY DON'T.

ITEM THREE B TO CENTER ORDINANCE FOR THE PROPOSED TEXT AMENDMENTS, WHICH YOU JUST, UM, I GUESS WERE EXPLAINED, UH, TO WHAT IT, WHAT THIS DOES.

BECAUSE ANYBODY WHO'S ALREADY DOING SOMETHING IS GONNA BE IT WITHIN THAT DEFINITION.

ANY ADDITIONAL QUESTIONS? AND I DON'T BELIEVE ANYONE HAS SIGNED UP.

SO, UM, THERE BEING NO ONE ELSE IS ON TO SPEAK.

I NOW CLOSE THIS PUBLIC HEARING CONCERNING PROPOSED TEXT AMENDMENTS TO THE ULDC CODE, SECTION 2.10.

WE'LL MOVE, UH, NEXT TO

[b. Consider an ordinance for the proposed text amendments to the Unified Land Development Code (ULDC) to amend Section 2.10 Land Use Conditions Table A-52, 53 and 54, Non-Residential Categories, concerning certain language addressing Vehicle & boat sales, and Equipment sales & rental facilities.]

SO I'LL ENTERTAIN A MOTION FOR ITEM THREE B AS WRITTEN, MOVE TO APPROVE THREE B.

SECOND.

NO MOTION TO SECOND.

ANY QUESTIONS, COMMENTS? UM, LIKE TO MAKE A COMMENT, MAYOR, I WOULD JUST SAY THANKS FOR BRINGING THIS TO US.

I THINK, UH, ANYTIME WE FIND ORDINANCES THAT, UM, IT'S REALLY IMPOSSIBLE FOR Y'ALL TO ENFORCE, THOSE ARE THINGS WE NEED TO CHANGE, UM, JUST TO HELP STAFF, YOU KNOW, KNOW EXACTLY WHAT FITS WITHIN THE ORDINANCE, WHAT'S OUT BOUNDS, YOU KNOW.

SO, UM, GOOD CATCH HERE.

AND, AND I WOULD SAY IF YOU FIND MORE THINGS LIKE THIS, DEFINITELY BRING IT TO US.

JUST QUESTION, COMMENTS? YES, SIR.

I'LL, I'LL JOIN IN WITH MY COLLEAGUE.

UH, GOOD CATCH.

UM, YOU LISTEN, YOU'RE LISTENING TO US AND THAT'S GREAT.

I MEAN, THE MU THING LAST TIME AND, AND NOW THIS SIMPLIFYING THE ORDINANCES, CLEANING 'EM UP, MAKING 'EM EASIER TO ENFORCE, MAKING 'EM EASIER FOR EVERYBODY TO UNDERSTAND.

THAT'S WHERE WE NEED TO BE AND I APPRECIATE IT AS WELL.

WE, WE CONSIDERED, BECAUSE WE'RE IN THE MIDDLE OF THE ULDC REWRITE, NOW, WE CONSIDERED, YOU KNOW, KIND OF SAYING, OKAY, WE'RE GONNA INCLUDE THIS IN THE REWRITE, BUT WE REALLY SAW A TIME ISSUE TO IT, SO WE DECIDED IT WAS WORTH BRINGING TO YOU GUYS NOW.

SO WHEN YOU FIND THEM, BRING THEM FORWARD.

THANK YOU FOR THE COMMENTS.

ANY ADDITIONAL WE HAVE NOT, UH, ALL THOSE IN FAVOR OF THREE B AS PRESENTED, PLEASE SAY AYE.

HEARING CONCERNING THE PROPOSED REZONING APPROXIMATELY 28.05 ACRES AT 67 20 EAST INTERSTATE HIGHWAY 10, LOCATED BETWEEN CROSBY, CEDAR BAYOU ROAD AND SHO ROAD.

FOR THOSE OPPOSED, ITEM CARRIES.

NEXT WE HAVE ITEM FOUR A, UH, WHICH IS ALSO GONNA BE A CON A PUBLIC HEARING.

SO IT IS NOW SIX 50 AND I CALL THE ORDER AS A SECOND PUBLIC

[a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 28.05 acres at 6720 East Interstate Highway 10, located between Crosby Cedar Bayou Road and Sjolander Road, from Open space/Recreation (OR) to a General Commercial (GC) Zoning District.]

SO I'LL NOW, UH, ASK STAFF TO SUMMARIZE THE SUBJECT MATTER OF THIS HEARING.

UH, THANK YOU MAYOR.

UH, AS STATED, THIS IS A REZONE REQUEST FOR 28 ACRE PROPERTY ALONG THE SOUTH SIDE OF I 10 BETWEEN CROSBY, CEDAR BAYOU, AND SHO ROADS FROM OPEN SPACE REC TO GENERAL COMMERCIAL.

SO THIS PROPERTY WAS ANNEXED IN 2017 AS OPEN SPACE RECREATION, UH, AS THEY ALL, WHEN THEY'RE ANNEXED, UH, ARE, ARE PUT INTO THAT CATEGORY.

THE APPLICANT IS PROPOSING TO REZONE, TO GENERAL COMMERCIAL TO ALLOW FOR EQUIPMENT SALES ALONG THE I 10 FRONTAGE ROAD.

UH, THE FUTURE LAND USE MAP DOES SHOW THIS PROPERTY AND THE SURROUNDING PROPERTIES AS COMMERCIAL.

UH, THE PUBLIC HEARING WAS HELD

[00:20:01]

BY PLANNING AND ZONING COMMISSION IN FEBRUARY WITH NO COMMENTS FROM THE PUBLIC.

WE DID RECEIVE THREE ONLINE COMMENTS, UH, IN BAYTOWN ENGAGE, UH, WHICH WERE INCLUDED IN YOUR PACKETS.

THOSE COMMENTS ARE, ARE MIXED, BUT KIND OF GENERAL IN NATURE.

UM, AT THAT TIME, UH, UH, OF THE PLANNING AND ZONING COMMISSION, UH, THEY DID VOTE UNANIMOUSLY TO RECOMMEND APPROVAL OF THIS APPLICATION.

UH, STAFF ALSO RECOMMENDS APPROVAL AND I'M HAPPY TO ANSWER ANY QUESTIONS.

SO WE ARE THE PUBLIC HEARING PORTION OF THIS AGAIN.

SO, UH, I DON'T THINK ANYONE HAS SIGNED UP TO SPEAK, BUT I WANNA MAKE SURE THERE'S ANY QUESTIONS THAT COUNSEL MAY HAVE FOR STAFF AT THIS POINT.

I GOT A QUESTION HERE.

DO WE HAVE ANY COMMENTS FROM THE, THE PROPERTY OWNER IN THE CENTER OF THIS OR, UH, ARE THEY CONNECTED TO THE BUSINESS? SO THEY, UH, I DON'T BELIEVE THEY'RE CONNECTED TO THE BUSINESS AND WE DID NOT RECEIVE ANY COMMENTS, UM, SPECIFICALLY FROM THE, AGAIN, THEY WERE GIVEN NOTICE, UH, AS THEY'RE ADJACENT.

YES.

AND THEY DID NOT COME TO THE PUBLIC HEARING, SO, OKAY.

UM, THE APPLICANT IS HERE TONIGHT IF YOU HAVE ANY QUESTIONS.

THANKS MAYOR.

UM, THE ONLY QUESTION I HAVE IS CERTAINLY AN AWKWARD BOUNDARY, SO I JUST, IS THERE SOME, SOME REASON FOR THAT? THAT'S THE, BECAUSE YOU HAVE A BIG HOLE OF OPEN SPACE RECREATIONAL IN THE MIDDLE OF THE GC.

LIKE THAT IS THE CONFIGURATION OF THE PROPERTY AS IT STANDS.

THEY'RE NOT, I DON'T BELIEVE THEY'RE CHANGING ANYTHING.

AND THEN, SO LEMME ASK YOU THIS.

SO WHAT I'M LOOKING AT AT LEAST, SO THE SHADED, I GUESS CROSS, CROSS HATCHED RED SECTION, UM, IS THAT, IS THE, IS THAT LANDOWNER DIFFERENT FROM THE GREEN SPACE? THAT'S RIGHT IN THE MIDDLE THAT DISSECTS IT? I BELIEVE SO.

I MEAN, EXPLAINS IT A LITTLE BIT MORE, BUT, OKAY.

JUST WONDERED BECAUSE IT, IT'S CERTAINLY IN ODD SHAPE.

I WOULD ASSUME THAT THE PERSON THAT THE PROPERTY OWNERS FOR THAT OTHER PROPERTY WILL COME IN AT SOME POINT IF THEY CHOOSE TO, TO DEVELOP THE PROPERTY.

AND, AND THEY'LL, OKAY.

THEY'LL ASK FOR WHATEVER THEY NEED TO ASK FOR.

SO WE'LL MOVE ON TO ITEM FOUR B AS EXTENT ORDINANCE TO AMEND THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 28.085 OR OH FIVE ACRES.

SO THERE BEING NO ONE ELSE HAS ARMED TO SPEAK OR SIGNED UP AND NOT CLOSEST PUBLIC HEARING.

UM, UH, CONCERNING, UH, THE REZONE OF APPROXIMATELY 28.05 ACRES OF 67 20 EAST INTERSTATE HIGHWAY 10 LOCATED BETWEEN CROSBY, CEDAR VALLEY ROAD AND SHO LANDER ROAD.

[b. Consider an ordinance to amend the official zoning map to rezone approximately 28.05 acres at 6720 East Interstate Highway 10, located between Crosby Cedar Bayou Road and Sjolander Road, from Open space/Recreation (OR) to a General Commercial (GC) Zoning District.]

UH, THE PROPERTY ARE THE, THE ADDRESS I JUST STATED.

AND THAT WILL GO FROM OPEN SPACE RECREATIONAL TO GENERAL.

UM, COMMERCIAL.

I WOULD ENTERTAIN A MOTION FOR APPROVAL.

MOTION TO RETURN FOUR A B FOUR B, FOUR B, FOUR B FOUR B.

IT WOULD, WOULD JUST BE FOUR B.

JUST FOUR B.

FOUR B, WE HAVE A MOTION.

WAS THERE A SECOND? SECOND.

A MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS? IF NOT, ALL THOSE IN FAVOR.

FOUR B IS PRESENTED, PLEASE SAY AYE.

A AYE.

GO TO, WE KEEP THOSE ORDINANCES FIVE A.

ALL THOSE OPPOSED ITEM, CARRIE.

NEXT WE

[a. Consider an ordinance authorizing a First Amendment to the Interlocal Agreement with Harris County Transit Authority for the Baytown Sidewalk Improvements Phase II Project.]

THIS EXTENDED ORDINANCE AUTHORIZED IN THE FIRST A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY TRANSIT AUTHORITY FOR THE BAYTOWN SIDEWALK IMPROVEMENTS PHASE TWO PROJECT, MR. MIA.

UH, GOOD EVENING, MAYOR AND COUNSEL.

UM, THE, THE, UH, ITEM FIVE A WOULD BE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT.

THE ORIGINAL ORDINANCE WAS APPROVED IN APRIL OF 2022.

UM, THE ORIGINAL AGREEMENT WERE, UH, FOR CONSTRUCTION FUNDS FOR A SIDEWALK THAT WAS WITHIN HALF A MILE OF CURRENT BUS STOPS USING FEDERAL RURAL GRANT FUNDING.

UH, THE GRANT HAS A 20% LOCAL MATCH.

UM, THE LOWEST BIDDER CAME IN HIGHER THAN THE ORIGINAL AGREEMENT.

SO THIS AMENDMENT WILL INCREASE THE AMOUNT OF THE INTERLOCAL AGREEMENT, UH, SO THAT THE PROJECT CAN BE AWARDED.

THE TOTAL AMOUNT OF THE REVISING A LOCAL AGREEMENT WILL BE, UH, $1,668,282.

UM, THE CITY'S PORTION WILL BE 493,504 WITH 76 CENTS.

UM, AND IF Y'ALL HAVE ANY QUESTIONS, OKAY.

ANSWER.

SO WE HAVE, DO WE HAVE ANY QUESTIONS FOR ITEM FIVE A TO STAFF MAYOR? YES, MA'AM.

WE HAVE MR. MAYOR, UH, JUST WANTED TO BRING TO COUNSEL'S ATTENTION THAT, UH, WHEN THE LEGAL DEPARTMENT RECEIVED THIS REQUEST, UH, WE WENT BACK TO THE ORIGINAL ORDINANCE AND REALIZE THAT ORIGINAL ORDINANCE WAS DRAFTED INCORRECTLY.

SO WE WILL COME BACK TO YOU AT A LATER DATE TO REPEAL THE ORIGINAL AND, UH, ENTER A NEW ORDINANCE IN ITS PLACE WITH LANGUAGE SIMILAR TO THIS.

UH, THE ORIGINAL ORDINANCE MADE IT SEEM AS IF WE WERE PAYING MONEY TO HARRIS COUNTY, SO IT DIDN'T REALLY CAPTURE THE NATURE OF THE TRANSACTION.

BUT, UH, LEMME, MR. CITY ATTORNEY.

SO I, FOR ITEM FIVE A THOUGH, THIS HERE IS, IS, UM, READY FOR APPROVAL? YES, SIR, IT IS.

THE, ONE OF THE REASONS FOR THE, UH, ORDINANCE ALSO IS THAT WE WOULD BE GETTING MORE MONEY FROM THEM.

SO WITH THAT, UM, UNLESS THERE'S ANY OTHER QUESTIONS OR COMMENTS, I WAS JUST GONNA MENTION, UH, THE REASON FOR

[00:25:01]

UH, THEY, WE WOULD BE PAYING DOING 20%.

THEY'RE DOING 80%.

SO WE WOULD ALSO BE GETTING MORE MONEY.

WE CERTAINLY LIKE THAT SET UP, DON'T WE? ? SO I WOULD ENTERTAIN A MOTION FOR ITEM FIVE A.

LADIES, THIS IS PROBABLY IMPACT ALL'S DISTRICT THE MOST.

MM-HMM .

I WOULD ASSUME, UM, THAT CERTAIN WE DO LIKE OUR PARTNERSHIP, UH, WITH HARRIS COUNTY TRANSIT.

UH, SO THERE IS A MOTION ON THE TABLE UNLESS THERE'S ANY QUESTIONS OR COMMENTS.

ALL THOSE IN FAVOR.

ITEM FIVE A IS PRESENTED, PLEASE SAY AYE.

FIVE B ORDINANCE AMENDING THE LEASE AGREEMENT FOR APPROXIMATELY, UH, 117.12 ACRES OF LAND TO, TO BUILD BAYTOWN ONE LLC FOR THE DEVELOPMENT AND OPERATION OF A PUBLIC GOLF COURSE LOCATED GENERALLY ON THE NORTHWEST SIDE OF EVERGREEN ROAD ADJACENT TO BAY HILL DRIVE.

THOSE OPPOSED? UM, CARRIES WILL, ITEM

[b. Consider an ordinance amending the lease agreement of approximately 117.12 acres of land to Build Baytown I, LLC, for the development and operation of a public golf course, located generally on the northwest side of Evergreen Road, adjacent to Bay Hill Drive.]

MR. SCRIBNER, YOU'D LIKE TO DESCRIBE, I GUESS THIS ITEM.

THANK YOU, MAYOR.

UM, AS YOU KNOW, THE CITY HAS LEASED OUT THE EVERGREEN PROPERTY TO BUILD BAYTOWN LLC TO DEVELOP A GOLF COURSE ON THAT PROPERTY.

UH, THE LEASE ALLOWS THE DEVELOPER TO EXERCISE AN OPTION FOR AN ADDITIONAL TRACK.

IT'S ABOUT EIGHT AND A HALF ACRES.

IT IS THE AREA IN YELLOW.

YOU'LL SEE UP HERE.

THIS IS STILL PART OF THE OVERALL PROPERTY.

IT'S CONNECTED TO THE GOLF COURSE, BUT, BUT SEPARATED FROM THE GOLF COURSE.

IT'S, IT'S NOT PART OF THAT DEVELOPMENT.

UM, THE OPTION TO EXERCISE THAT OPTION, UM, THAT PERIOD ENDS NEXT MONTH.

UH, THERE'S STILL A LOT LEFT TO DO ON THE GOLF COURSE ITSELF.

UM, IN ORDER TO BUILD A POTENTIAL COMMERCIAL DEVELOPMENT, THE DEVELOPER HAS SUBMITTED A REZONE APPLICATION FOR THE OPTION TRACT.

SINCE THE LAND IS STILL OWNED BY THE CITY, WE HAVE TO GIVE THEM AUTHORIZATION IN ORDER TO APPLY FOR A REZONE.

SO LET ME MAKE SURE, I'LL STATE THAT AGAIN.

THEIR AUTHORIZATION WOULD JUST BE TO APPLY FOR A REZONE.

ANY KIND OF REZONE ACTION WOULD STILL GO THROUGH THE NORMAL PROCESS, JUST LIKE ANY OTHER PROPERTY.

GO TO P AND Z AND THEN COME TO YOU GUYS AFTERWARDS.

UM, SO THE, THE DEVELOPER, SO THEY HAVE NOT ASKED FOR THAT AUTHORIZATION AS OF YET.

UM, WE, THE CITY STAFF SPOKE TO THE DEVELOPER.

UM, THEY'VE BEEN INFORMED THAT THE CITY WOULD LIKE TO SEE THE GOLF COURSE COMPLETED BEFORE GIVING THEM THAT AUTHORIZATION TO MOVE FORWARD, UH, WITH ANYTHING ELSE.

SO, CONSIDERING THE TIMING OF THE ANTICIPATED COMPLETION OF THE GOLF COURSE, WHICH WOULD BE SOMETIME LATER THIS YEAR, UM, STAFF IS RECOMMENDING TO EXTEND THE OPTION PERIOD OF THE CONTRACT UNTIL JANUARY OF THIS COMING YEAR, 2024.

UM, AT THAT TIME, THE DEVELOPER CAN REQUEST THE REZONE OF THE OPTION TRACT.

AGAIN, WE'LL GO THROUGH THE NORMAL PROCESS.

AND THIS WOULD ALSO ALLOW THE CITY TO GIVE AUTHORIZATION TO APPLY FOR THE REASON THROUGH THE CITY MANAGER, UH, THE DEVELOPER AS WE DOES UNDERSTAND THE CHANGE AND IS OKAY WITH THAT.

AND SO STAFF RECOMMENDS APPROVAL OF THE AMENDMENT TO THE LEASE CONTRACT.

ALRIGHT, THANK YOU.

WANNA MAKE SURE THERE'S ANY QUESTIONS FROM COUNSEL REGARDING I GUESS THIS PARTICULAR ORDINANCE AND AMENDMENT? ANY QUESTIONS, COMMENTS? I'LL HAVE A COMMENT.

IT'S, IT'S, UH, KIND OF NICE TO KNOW THAT THE DEVELOPERS HAS TALKED ABOUT THIS OPTION SINCE DAY ONE, UH, WITH THE NEGOTIATIONS AND HE, AND THEY'RE STICKING TO THEIR PLAN.

UH, THEY JUST SIMPLY WOULD LIKE TO HAVE SOME MORE TIME, BUT, RIGHT.

THE DATES ARE DIFFERENT, BUT THE, THE DATES ARE DIFFERENT.

SO, AND I'VE HAD A FEW PHONE CALLS ON TODAY THAT, THAT NO, NOTHING'S CHANGING.

IT'S EXACTLY AS WHAT HAS BEEN DISCUSSED IN THE PAST.

THEY JUST NEED MORE TIME 'CAUSE TIME CONSTRAINTS AND OPTIONS.

SO I, I THINK IT'S A, A, A GOOD MOVE BY STAFF TO REACH OUT AND SAY, WELL, WHAT IF WE JUST EXTEND THE TIME AND THEN THEY CAN COME BACK AT A LATER TIME AND FILE FOR THAT OPTION? SO I, I APPRECIATE THAT.

ALRIGHT, THANK YOU COUNCILMAN.

UM, I JUST, I JUST HAVE A GENERAL COMMENT.

IT'S NOT REALLY THAT MUCH RELATED TO THE ITEM, BUT, UH, I WOULD ASK STAFF, UH, THERE'S A GREEN FENCE THAT PORTERS, I GUESS THAT'S, THAT'S CONSIDERED PARKLAND, THAT FRONTS EVERGREEN.

UH, I'D LIKE TO HAVE US EVALUATE SHOULD WE, SHOULD WE REMOVE THAT FENCE OR NOT? I'M NOT SURE WHAT WE'RE FENCING IN ANYMORE, SO IT MAY, IT DOESN'T, IT, IT LOOKED LIKE IT NEEDS TO REPAIR OR IT MAY EVEN LOOK BETTER IF WE JUST REMOVE IT.

SO IF YOU CAN REPORT BACK IF IT MAKES ANY SENSE TO, TO KEEP IT AND FIX IT UP OR JUST REMOVE IT.

IT'S AN ENTIRETY, BUT IT'S, IT'S BASICALLY TO ME, DOESN'T, THAT IS HER, DOESN'T REALLY COMPLIMENT THE, THE NEIGHBORHOOD AND EVERYTHING ELSE.

UH, SO WITH THAT WE DO HAVE, UH, ITEM FIVE BI WOULD ENTERTAIN A MOTION FOR APPROVAL.

MOVE TO APPROVE SECOND FIVE B.

WE HAVE A MOTION.

SECOND.

ANY ADDITIONAL QUESTIONS OR COMMENTS? IF NOT, ALL THOSE IN FAVOR.

FIVE B IS PRESENTED, PLEASE SAY AYE.

NEXT WE HAVE ITEM, UH, FIVE C.

THOSE OPPOSED?

[c. Consider an ordinance extending the time for which The Crossings at Baytown Planned Unit Development (PUD) Detail Plan is valid.]

CONSIDER ORDINANCE EXTENDING THE TIME FOR WHICH THE CROSSINGS AT BAYTOWN, UM, AT BAYTOWN PLAN UNIT DEVELOPMENT, WHICH IS A PUD DETAIL PLAN IS VALID.

MR. SCRIBNER, YOU'D LIKE TO EXPLAIN THIS A LITTLE BIT AND THEN I DO HAVE ONE PERSON THAT HAS SIGNED UP TO SPEAK.

NO PROBLEM.

UH, THANK YOU MAYOR.

UH, SO THE CROSSINGS

[00:30:01]

OF BAYTOWN PLAN UNIT DEVELOPMENT WAS APPROVED IN MAY OF 2021.

UM, IF YOU REMEMBER, A PUD IS AN OVERLAY DISTRICT.

SO IT HAS AN UNDERLYING ZONING DESIGNATION THAT SERVES AS THE BASE ZONING AND THEN THE PUD MAKES ANY NEEDED CHANGES FROM THAT DISTRICT.

UM, SPECIFIC TO THAT PROJECT.

SO THE ULDC STIPULATES, IF NOTHING HAS BEEN DONE ON THAT PROPERTY IN TWO YEARS, UH, FROM APPROVAL, THEN IT EXPIRES.

THE ULDC ALSO STIPULATES THAT IF THE PUD EXPIRES, THEN THE UNDERLYING ZONING TAKES OVER.

UH, IN THIS CASE, THE UNDERLYING ZONING IS LIVABLE CENTERS OR LC, UH, WHICH IS A COMMERCIAL MIXED USE TYPE OF DISTRICT, WHICH IS OFTEN USED IN CONJUNCTION WITH THE PUD TO SORT OF REFINE AND FURTHER SHAPE A PROPOSED DEVELOPMENT.

UM, THE PROJECT HAS BEEN DELAYED FOR VARIOUS REASONS, NOT THE LEAST OF WHICH ARE ECONOMIC CONDITIONS, UH, SUPPLY CHAIN ISSUES, RISING INTEREST RATES, ET CETERA.

OVERALL SLOWDOWN IN DEVELOPMENT.

SO THE DEVELOPER HAS NOT APPLIED FOR OR BEGUN ANY DEVELOPMENT ON THE PROJECT TO DATE.

UM, THE REGULATION, THE REGULATIONS ALSO STATE THAT IF AN OWNER DESIRES, THEY CAN ASK FOR A ONE TIME EXTENSION OF 12 MONTHS.

UM, THEY ASK THAT OF THIS BODY TONIGHT.

UM, SO I KNOW THERE HAVE BEEN A FEW QUESTIONS AS TO WHY THIS CITY SHOULD, UM, SHOULD ALLOW SUCH AN EXTENSION.

SO, UM, I WANTED TO GIVE YOU A COUPLE OF HIGH POINTS ON THAT FROM STAFF'S POINT OF VIEW.

FIRST AND FOREMOST, THE PUD DOES HOLD THE DEVELOPER TO THE PROJECT THAT IT HOLDS THEM TO THE PROJECT THAT THEY PRESENTED TO THE CITY TWO YEARS AGO.

UM, EVEN IF THE LAND CHANGES HANDS, IF THEY SELL THE PROPERTY OFF, THEY STILL HAVE TO DO THE PROJECT THAT WAS PROMISED.

UM, IN AN UNDERLYING ZONING OF LC, THAT WOULD NOT BE THE CASE NECESSARILY.

UM, IN THIS CASE, THIS DOES MEAN THAT HIGHER STANDARDS OF DESIGN ADDED AMENITIES A BETTER LOOK AND FEEL, UH, MORE CONNECTIVITY OVERALL, MORE COORDINATED PROJECT, UM, CREATING A REAL SENSE OF PLACE.

UH, IT WOULD ALSO ALLOW FOR RESIDENTIAL USES, BOTH SINGLE FAMILY AND MULTIFAMILY THAT WERE ALLOWED IN THE PUD, UM, THAT WOULD NOT OTHERWISE BE ALLOWED IN LC BY ITSELF.

UH, AGAIN, THIS IS TO PROVIDE AN INTEGRATED MASTER PLAN DEVELOPMENT.

UH, THE PUD DOES ALSO RESTRICT A HANDFUL OF THE MORE INTENSE USES THAT MIGHT OTHERWISE BE ALLOWED BY LC ZONING AND PLACES ADDITIONAL CONDITIONS ON OTHERS.

UM, IF THE EXTENSION IS NOT APPROVED, IT WILL EXPIRE IN MAY AND IT'LL REVERT TO THE LC ZONING.

UH, ANYONE WANTING TO REZONE OR DEVELOP AFTER THAT WILL EITHER HAVE TO ADHERE TO THE LC ZONING STANDARDS OR THEY WILL HAVE TO APPLY FOR SOMETHING ELSE, POSSIBLY ANOTHER PUD OR SOME OTHER ZONING, UH, DISTRICT, UM, WITH THAT STAFF DOES RECOMMEND APPROVAL OF THE 12 MONTH EXTENSION.

UM, I DO HAVE, UH, ONE CITIZEN, UM, OR SOMEONE THAT IS, IS, UH, SIGNED UP TO SPEAK ON ITEM FIVE C, BUT MR. FERGUSON, IS THERE ANYTHING MR. FERGUSON, YOU WOULD LIKE TO SPEAK ON OR IF IT WAS JUST MAINLY FOR QUESTIONS? NO, I'M JUST HERE FOR QUESTIONS.

IF ANYBODY HAS ANYTHING, UM, HAPPY TO ANSWER.

ANY QUESTIONS FOR MR. FERGUSON? COUNSEL? OKAY, THANK YOU SIR.

I DO HAVE A QUESTION FOR YOU.

FOR MARTIN.

MARTIN, LET'S SAY THAT IT DOESN'T GO THROUGH IN 12 MONTHS.

IS IS THERE AN OPTION FOR US TO CHANGE THAT ZONING FROM LC BACK TO SOMETHING A LITTLE MORE RESTRICTIVE SO WE, WE CAN MM-HMM .

I MEAN, 'CAUSE YOU, YOU JUST SAID THERE'S THINGS IN LC THAT WITHOUT THE PUB WE MAY OR MAY NOT LIKE THERE, THE CITY COUNCIL OR THE CITY IN GENERAL AT ANY TIME CAN INITIATE A REZONE PROCESS.

SO THE ANSWER TO THAT WOULD BE YES, BUT WE WOULD HAVE TO GO THROUGH THE, THE PROCESS THAT WE WOULD FOR ANY OTHER REZONE.

CORRECT.

AND I WOULD SUGGEST THAT MY, MY MY THOUGHT, AND I'VE SEEN IT BEFORE, UM, WE PRETTY MUCH WOULD DIRECT THE CITY MANAGER TO BE THE APPLICANT FOR THAT REZONE.

YEP.

IF, IF IT LOOKS LIKE THEY'RE NOT GONNA MAKE THE TIMELINE AND IT WOULD REVERT JUST TO THE PLAIN LC, THEN, THEN THAT WOULD, I, I, I WOULD LIKE TO SEE US MAYBE REVERT IT BACK SO THAT WE HAVE A LITTLE BIT MORE CONTROL OVER WHAT GOES, GOES IN THERE.

I WOULD AGREE.

MM-HMM .

UM, NEXT WE HAVE ITEM SIX A, JUST TO DISCUSS THE REVISIONS TO CHAPTER SE, UH, 74 ERS AND SOLICITORS OF THE CITY OF BAYTOWN CODE OF ORDINANCES.

SO ANY ADDITIONAL QUESTIONS OR COMMENTS THEN? ALRIGHT, SO I GUESS I WOULD ENTERTAIN A MOTION FOR APPROVAL OF ITEM FIVE C AS PRESENTED.

MOTION TO APPROVE.

SECOND.

MOTION TO SECOND.

ANY ADDITIONAL QUESTIONS, COMMENTS? ALL THOSE IN FAVOR OF FIVE C AS PRESENTED, PLEASE SAY AYE.

[a. Discuss the revisions to Chapter 74 "Peddlers and Solicitors," of the City of Baytown Code of Ordinances.]

MR. GRAY, I KNOW YOU, YOU, UM, YOU'RE CERTAINLY TAGGED WITH THIS ITEM.

WE, I HAVE ONE PERSON THAT, UM, DID SIGN UP TO SPEAK AND IT'S MR. YOUNG.

ALL RIGHT.

YOU HAVE THREE MINUTES, SIR.

MY NAME IS LARRY YOUNG.

I'M HERE ON BEHALF OF TEXAS ROCK SHIP, AND I SPOKE TO CITY COUNCIL PREVIOUSLY BACK IN SEPTEMBER AND OCTOBER OF LAST

[00:35:01]

YEAR.

AND SINCE THEN WE HAVE TWO NEW CITY COUNCIL MEMBERS.

SO I JUST SORT WANTED TO BRING THEM UP TO DATE AND YOU GUYS AS WELL.

AND DUE TO THE LIMITED TIME CONSTRAINTS, IF YOU DON'T MIND, I'LL JUST READ THROUGH MY POINTS REAL QUICK TO KEEP IT ALL WITHIN THOSE MINUTES.

SPECIFICALLY, I'M HERE TODAY AS A FOLLOW UP TO A PROCESS THAT BEGAN OVER SIX MONTHS AGO IN REGARD TO SECTION 74 OF THE CITY CODE.

IN PARTICULAR, WE ASKED THE COUNCIL AND THE PERMIT DEPARTMENT TO CHANGE AND UPDATE A 20-YEAR-OLD ORDINANCE THAT WAS DESIGNED TO PREVENT PARTS OF GARTH ROAD AND OTHER PARTS OF THE CITY TURNING INTO AN UNREGULATED PLEA MARKET.

THAT ORIGINAL ORDINANCE WAS NOT DESIGNED TO STOP OR CURTAIL OPERATIONS LIKE OURS AT HEB GROCERY.

HOWEVER, THAT 20-YEAR-OLD ORDINANCE DOES INDEED STOP OUR BUSINESS AND ALSO THE LEASING OPERATIONS OF HEB GROCERY.

IN EARLIER MEETINGS, WE PROVIDED THE COUNCIL AND THE PERMIT OFFICE WITH SOLUTIONS TO ANY CONCERN THAT A COUNCIL MEMBER MAY HAVE ASKED ABOUT.

ADDITIONALLY, TWO SEPARATE LAW FIRMS REWROTE AND ADDED A SMALL DEFINITION TO CODE SECTION 74 FOR YOUR CONSIDERATION.

AND THESE CHANGES ALSO WOULD'VE ELIMINATED SOME OF THE CONCERNS THAT COUNCIL MAY HAVE PREVIOUSLY ASKED ABOUT DURING THE OCTOBER COUNCIL MEETING LAST YEAR, SPECIFICALLY, YOU ASKED TONY GRAY TO, UH, COME UP WITH SOME SUGGESTIONS FOR YOU GUYS THAT MIGHT SATISFY THE PARTIES INTERESTED IN THIS MATTER.

NOW, EARLIER THIS WEEK, TONY HAS PRESENTED A FIRST DRAFT OF HIS PROPOSAL.

I DON'T KNOW THAT YOU'VE HAD A CHANCE TO LOOK AT THAT YET, OF COURSE, BUT ONLY TODAY.

THIS AFTERNOON I BECAME AWARE OF IT AND TONY AND I HAD A CHANCE TO VISIT FOR ABOUT AN HOUR OVER THE PHONE ABOUT THIS.

I'M NEARLY DONE.

TO SUMMARIZE OUR CALL, UH, HIS CURRENT FIRST DRAFT PROPOSAL HAS A SECTION IN THERE CALLED NON-CONSECUTIVE MONTHS, AND WE TALKED ABOUT THAT, UH, THAT PARTICULAR EDITION WOULD MAKE IT HARD FOR BOTH ME AND HEB TO CONTINUE THIS TYPE, TYPE OF BUSINESS.

AND WE COULDN'T FIND THAT IN ANY OTHER CITY ORDINANCES EITHER.

SO I HAD THE CHANCE TO GO OVER THAT WITH TONY AND EXPLAIN TO HIM SOME THINGS HE HAD NOT THOUGHT ABOUT OR CONSIDERED YET.

AND WHEN I DID, HE UNDERSTOOD THE REASONING BEHIND THAT.

UH, BASICALLY I TOLD TONY AND WE DISCUSSED THAT I, OUR COMPANY WOULD LIKE TO HAVE A SIX MONTH LEASE AND SO WOULD HEB GROCERY TONY ADVISED ME THAT HE'S NOT NECESSARILY OPPOSED TO THAT OR EVEN LONGER, BUT OF COURSE, SUBJECT TO DISCUSSION IT WITH YOU GUYS, OR AT LEAST GIVEN SOME PROPOSALS.

SO IN CONCLUSION, UM, TONY AND I AGREED WE CAN MAKE THESE CHANGES IF YOU GUYS ARE OKAY WITH IT AND HAVE A CHANCE TO LOOK AT IT.

SO THANK YOU FOR YOUR TIME.

THANK YOU MR. YOUNG.

I GUESS MR. GRAVE, WE CAN, UM, I GUESS HEAR YOUR COMMENTS.

AND SAFETY ALONG COMMERCIAL CORRIDORS BY REDUCING AND REGULATING THE NUMBER OF ROADSIDE VENDORS SELLING MISCELLANEOUS MERCHANDISE.

MAYOR AND COUNCIL.

GOOD EVENING.

UM, JUST TO, UH, ADDRESS THE DELAY THAT MR. YOUNG SPOKE ABOUT, UM, IF YOU RECALL, THIS INITIALLY CAME TO COUNCIL, UH, BACK IN SEPTEMBER, UM, AS AN APPEAL TO A DENIAL OF A PERMIT.

AND YOU GUYS UPHELD IT AND THEN, UH, PROVIDED SOME COMMENT AND WE DECIDED, OKAY, WE'RE GONNA GO BACK BASED ON YOUR COMMENTS AND, AND GET SOME MORE INFORMATION.

UH, WHICH WE DID.

AND WE CAME BACK IN OCTOBER WITH THAT.

AND THEN YOU GUYS REQUESTED, I THINK IT WAS, UH, COUNCILMAN, UH, POWELL REQUESTED, UH, SOME ADDITIONAL INFORMATION THAT WE DIDN'T HAVE IN REFERENCE TO THE LIMIT OF PERMITS FOR A PROPERTY OWNER.

UH, SO WE DID GO BACK AND LOOK AT THAT.

UM, AND SO FAST FORWARDING FROM OCTOBER TO NOVEMBER, UM, THERE WERE NOT YOUR NORMAL, UM, COURSE OF COUNCIL MEETINGS DURING THAT MONTH.

THERE WAS AN ELECTION TO NEW COUNCIL MEMBERS CAME ON.

UH, AND THEN WE FAST FORWARD INTO DECEMBER AND JANUARY AND THE, UH, THE CITY MANAGER'S OFFICE IS, IS NOW, UH, NEW.

AND SO WE HAVE, I UNDERSTAND HIS FRUSTRATION AND, UH, I AGREE, WE KNEW NEED TO PUT THIS TO BED AND CLOSE IT.

AND SO THAT'S REALLY THE PURPOSE OF, OF WHAT THIS DISCUSSION IS ABOUT.

UM, THE, THE DRAFT THAT HE'S REFERRING TO WAS JUST AN EXAMPLE OR A TEMPLATE.

UH, OBVIOUSLY YOU GUYS MAKE THE DECISION, BUT I JUST WANT TO QUICKLY GO OVER THE SUMMARY.

I DON'T KNOW IF YOU GUYS HAVE SEEN THE SUMMARY THAT WAS IN THE, IN THE PACKET.

UM, JUST A REFRESHER REALLY FOR THE COUNCIL MEMBERS AND ALSO TO BRING THE NEW COUNCIL MEMBERS UP TO SPEED ON WHAT THIS IS ALL ABOUT.

SO THE PURPOSE OF THIS OPEN AIR VENDOR, UH, ORDINANCE, UH, WHEN IT WAS PASSED IN 2004, WAS TO IMPROVE THE CITY'S APPEARANCE

[00:40:01]

JUST FOR YOUR RECORD, UH, IN THE PAST FIVE YEARS, UH, THERE HAVE BEEN 33 OPEN AIR VENDOR PERMITS ISSUED, UH, SINCE THE INCEPTION OF THE ORDINANCE IN 2004, THERE'S ONLY BEEN ONE APPEAL FOR A PERMIT DENIAL, WHICH WAS MR. YOUNG'S IN SEPTEMBER OF LAST YEAR.

UM, JUST ALSO FOR MORE INFORMATION FOR YOU GUYS, UM, THERE ARE SEPARATE REGULATIONS THAT PROVIDE OVERSIGHT, UM, FOR OUTDOOR FOOD VENDORS.

THAT IS COVERED UNDER CHAPTER 42, NOT CHAPTER 74.

IN ADDITION TO THAT, THE OUTDOOR SALE OF LIVE ANIMALS FOR COMMERCIAL PURPOSE OR REGULATED UNDER CHAPTER 14.

SO ESSENTIALLY ANYTHING UNDER 74 IS REALLY A LAND USE PERMIT THAT'S NOT ASSOCIATED WITH EITHER THE SALE OF FOOD OR THE SALE OF ANIMALS.

UM, SO JUST TO BRIEFLY GO OVER THE, THE SEPTEMBER MEETING, MR. YOUNG HAD RECEIVED, APPLIED AND RECEIVED TWO PERMITS, UH, ONE FOR JULY AND ONE FOR AUGUST.

AND WHEN HE WANTED TO, HE APPLIED AGAIN FOR, UH, SEPTEMBER.

UM, THE CURRENT ORDINANCE AS IT CURRENTLY READS, IS THAT IT LIMITS THE PROPERTY OWNER TO TWO 30 DAY PERMITS WITHIN A 12 MONTH PERIOD.

SO YOU GUYS UPHELD THE APPEAL BECAUSE THE ORDINANCE, WE FOLLOWED THE ORDINANCE.

HE WAS TRYING TO GET A THIRD WITHIN 12 MONTHS.

UM, SO THEN WE WENT AND LOOKED, UH, DID A SURVEY, UM, BASED ON THAT MEETING, AND WE CAME BACK IN IN OCTOBER.

UM, THE SURVEY CITIES, UM, WERE LEAGUE CITY, MISSOURI CITY, PASADENA, PEARLAND, AND SUGARLAND.

UH, WE PROVIDED SOME INFORMATION TO THAT AND AT THAT MEETING, COUNCILMAN POWELL ASKED ABOUT THE LIMITS ON A PROPERTY OWNER.

SO WE DIDN'T HAVE THAT INFORMATION, WE WENT BACK.

SO WE DO HAVE THAT INFORMATION NOW.

AND BASICALLY, AFTER REVIEWING THOSE CITIES AGAIN, UM, FIVE OF THE CITIES WERE SURVEYED, FOUR OF THEM BASICALLY DON'T HAVE A LIMIT ON THE NUMBER OF PERMITS THAT ARE ALLOWED.

UM, BASICALLY ONE OF THE FIVE SPECIFICALLY PARA LAND PROHIBITS ANY KIND OF OUTDOOR PERMIT UNLESS A STRUCTURE IS BUILT FOR IT.

SO THAT I REALLY DON'T EVEN HAVE ANY ISSUANCE OF OPEN VENDORS, UH, SIMILAR TO WHAT WE HAVE.

UM, SO AT THIS POINT I, YOU KNOW, I KNOW IF YOU, YOU KNOW, BASICALLY THIS IS A, A BALANCE BETWEEN THE APPEARANCE AND THE SAFETY FOR THE COMMUNITY.

UH, AND SO IT'S GONNA TAKE SOME THOUGHT, UH, ABOUT HOW TO REVISE THAT.

AND, UM, AT THIS TIME I WOULD RESPECTFULLY REQUEST, UM, DIRECTION FROM COUNSEL ON THE LENGTH OF THE PERMIT, THE NUMBER OF PERMITS PER PERSON AND PROPERTY, UH, WITHIN 12 MONTHS, UM, AS WELL AS THE FEE.

UM, UH, IT'S BEEN SIX MONTHS AND LIKE MR. YOUNG SAID, IT'S, UH, YOU KNOW, IT'S, IT'S TIME TO, TO PUT THIS TO BED AND FIX IT.

AND OUR INTENT IS TO BRING BACK A REVISED ORDINANCE FOR YOUR APPROVAL, UH, AT THE NEXT COUNCIL MEETING IF YOU CHOOSE TO CHANGE IT.

UM, WE JUST, WE JUST WANNA MAKE SURE WE GET IT RIGHT WHEN WE BRING IT BACK.

AND, UH, AT THIS TIME I'LL TAKE ANY QUESTIONS OR COMMENTS.

THANK YOU MR. GRAY.

IS THERE ANY QUESTIONS OR COMMENTS FOR MR. GRAY? YES, MA'AM.

UM, YOU SAID THAT MR. POWELL ASKED FOR COUNCILMAN POWELL ASKED FOR, UM, FEEDBACK ON THE PRIVATE PROPERTY RULES AND REGULATIONS, BUT YOU MENTIONED THAT THAT OTHER CITIES DON'T HAVE ANY REALLY STIPULATIONS ON THAT, BUT I THOUGHT YOU MEANT YOU WANTED FEEDBACK FOR WHAT BAYTOWN STIPULATIONS ARE ON PRIVATE PROPERTY.

I WAS ASKING SPECIFICALLY, SO WE, WE GOT THE NUMBER IN THE LAST MEETING OF, OF, UH, OR WE GOT THE LENGTH OF PERMITS, THE CITY'S ALLOWED MM-HMM .

I WAS ASKING DID THEY HAVE A LIMIT ON THE, THE QUANTITY, BECAUSE THAT'S WHAT WE HAVE A LIMIT ON BOTH, RIGHT.

WE LIMIT THE, THE LENGTH AND WE LIMIT THE NUMBER YOU CAN GET PER YEAR.

SO YOU WERE WANTING OTHER CITY SURVEYED NOT RIGHT.

WHAT WE OKAY.

THAT'S WHAT I WAS, UM, THAT, THAT'S ALL I HAVE RIGHT NOW.

TO JOVI'S OR IF THEY GO TO HEB OR KROGER OR WHATEVER AND THEY GET A LEASE, THEY WOULD BE ABLE TO DO THAT RIGHT.

JUST A POINT OF CLARIFICATION, IT'S, IT'S NOT PRIVATE PROPERTIES.

UM, IT'S COMMERCIAL PROPERTIES, UH, THAT IT APPLIES TO OH YES.

WITHIN CERTAIN LIMITS OF THE, UH, I GUESS THE PLANNING, UH, DESIGNATION AS FAR AS WHAT CAN BE DEVELOPED AWARE, UM, YES MA'AM.

SO MY PARTICULAR QUESTION WOULD BE, NOT NECESSARILY ON MR. YOUNG'S BUSINESS, BUT WE ARE, WE WOULD BE SETTING A STANDARD RIGHT IN, IN, IF WE GO BACK AND APPROVE WHAT MR. YOUNG IS WANTING, WE'RE ESSENTIALLY SAYING ANY OTHER BUSINESS THAT WANTS TO COME THAT DOESN'T SELL FOOD.

UM, OR WHAT WAS YOUR OTHER ONE? ANIMALS.

ANIMALS.

SO I KNOW WE'VE HAD ISSUES WITH PEOPLE COMING TO SELL PLANTS, MATTRESSES, CARPETS, OTHER WARES.

SO WOULD THAT MEAN THAT IF THEY GO

[00:45:01]

BASED ON WHATEVER THE PARAMETERS ARE IN OUR ORDINANCE.

YEAH.

AND, AND I UNDERSTAND HE'S BEEN WAITING AND, AND YOU KNOW, HE'S DUE A RESPONSE.

I KNOW HE IS.

AND, AND I'M GLAD THAT CONVERSATIONS HAVE BEEN CONTINUED OFFLINE AND THAT WAS ONE OF THE FIRST QUESTIONS I ASKED, UM, CITY MANAGER BECAUSE I SAW IT WAS JUST A DISCUSSION AND I'M LIKE, WAIT A MINUTE, HE'S GONNA HAVE TO WAIT EVEN LONGER FOR A DECISION.

SO ARE WE COMMUNICATING WITH HIM? SO I THINK FOR ME, UM, JUST HAVING THESE MATTRESSES AND I MEAN, WE HAVE AN AMAZING FARMER'S MARKET WHERE THEY CAN GO SELL THEIR PLANTS, YOU KNOW, AND SO THAT'S NOT SOMETHING THAT I WOULD WANNA SEE ON GARTH ROAD.

UM, IT'S SO BUSY RIGHT NOW AND WITH THE ENHANCEMENTS THAT WE'RE GOING TO DO THEN ADDING, I MEAN WE HAVE HOW MANY MATTRESS STORES, UM, IN THE CITY.

AND SO I'M THINKING OF IT THAT WAY.

UM, WE TALKED THE OTHER DAY ABOUT THE IMPACT AN ORDINANCE WILL MAKE ALONG THE ROAD AND NOT JUST AT THAT MOMENT, I, SO I'M JUST GIVING YOU MY FEEDBACK FOR RIGHT NOW, I'M NOT MAKING ANY DECISIONS, OBVIOUSLY THIS IS JUST A DISCUSSION, BUT THOSE ARE SOME OF THE THINGS THAT I'M THINKING ABOUT AND THAT, YOU KNOW, BECAUSE IT'S NOT JUST GOING TO BE MR. YOUNG'S BUSINESS, IT'S GOING TO BE ANY OTHER INDIVIDUALS THAT, YOU KNOW, THEY CAN GO AND SET UP AN LLC AS WELL TO SELL THESE OTHER ITEMS. AGAIN, JUST GIVING YOU MY THOUGHT PROCESS.

OH, YES SIR.

MR. MAYOR, AND I DON'T WANNA LEAVE TONY HANGING OUT TO DRY.

SO TO RESPOND TO THE COUNCIL WOMAN'S QUESTION, THIS WAS NOT, UH, TOTALLY, UH, TONY'S, UH, ISSUES SURROUNDING NOT HAVING AN ORDINANCE FOR YOU TO REVIEW TODAY MM-HMM .

LOGISTICALLY THE LEGAL DEPARTMENT JUST DID NOT HAVE TIME TO GET THROUGH HIS DRAFT OF THE ORDINANCE AND WE WANTED TO MAKE SURE THAT WHEN WE PRESENTED SOMETHING TO YOU THAT IT WAS CORRECT.

YEAH.

AND I'M OKAY WITH THAT.

I, I'VE SPOKEN TO JASON AND I'M GOOD.

SO, ALRIGHT.

ANY ADDITIONAL, UH, COMMENTS? YES, SIR.

MR. TONY? UH, IT IS TO MY UNDERSTANDING THAT MR. YOUNG HAS A, AN AGREEMENT WITH THE HEB CHAIN, RIGHT? HE, CORRECT, YES.

HE HAS TO GET PERMISSION FROM HEB.

THEY HAVE A SEPARATE, UM, PROPERTY, UM, I GUESS RENTAL, UH, AS PART OF THEIR CORPORATE OFFICE IN SAN ANTONIO.

SO HE HAS TO GO THROUGH THEIR REQUIREMENTS, UH, WHICH MEANS THAT'S PART OF OUR REQUIREMENTS TOO.

YOU HAVE TO HAVE PERMISSION TO BE ON THE PROPERTY.

SO HE HAS TO PROVIDE DOCUMENTATION TO SHOW THAT HE DOES HAVE PERMISSION TO BE THERE.

SO YEAH, IT'S A, HE BASICALLY LEASES IT, UM, FROM S SUV.

SO HE, HE'S JUST NOT SET UP AT, HE'S NOT GONNA BE SET BUT ONE HEB, HE'S ALSO SET UP AT OTHER HEBS MM-HMM .

IN TEXAS, CORRECT THAT.

YEAH.

SO I DID SPEAK WITH THE CORPORATE REPRESENTATIVE FROM HEB, UM, A, A FEW WEEKS AGO, AND THEY DO ALLOW, YOU KNOW, IF THE CITY THAT THE BUSINESS IS LOCATED IN ALLOWS IT, UM, AN OPERATION LIKE MR. YOUNG.

AND SO HE DOES, HE DOES HAVE SOME OPERATIONS AND OTHER HCBS, BUT, UH, THE COMMENT MADE TO ME WAS, WE UNDERSTAND YOU GUYS HAVE AN ORDINANCE AND THAT'S WHAT IT IS, AND SO WE'LL COMPLY WITH THAT AND THEY DIDN'T HAVE ANYTHING NEGATIVE TO SAY FROM OUR SIDE.

UM, BUT THAT'S JUST INFORMATION FOR YOU GUYS.

I JUST WANT TO JUST STATE IF, IF, IF AN ORDINANCE THAT SHOWS THAT SOMEONE'S IN GOOD STANDING WITH A RETAILER LIKE A GB, UM, YOU KNOW, THAT WILL KIND OF HELP ELIMINATE, YOU KNOW, THE, THE KIND OF FARMER'S MARKET TYPE SETTING ON GAR ROAD THAT, THAT, UH, YOU KNOW, THAT, THAT WE'RE TRYING TO AVOID.

MAIN, ANYBODY THAT'S GOT A COMMERCIAL BUSINESS OR, OR A, UM, YOU KNOW, A GAS STATION THAT THEY, THEY COULD USE THEIR PARKING.

IF, IF A VENDOR COULD PROVE THAT AND COULD SHOW THAT, YOU KNOW, I'LL BE WILLING TO LOOK AT AN ORDINANCE THAT THAT HAS SOMETHING TO DO WITH DO WITH THAT, RIGHT? SO THAT, THAT'S A, THAT'S A REALLY A BIG QUESTION.

WHAT, WHAT DOES THAT LOOK LIKE, RIGHT? FROM, FROM OUR SIDE WE'RE WE HAVE THE APPLICATION AND THEN WE HAVE THE ORDINANCE.

WHAT, WHAT STANDARD IS THAT, UM, FOR, FOR YOU GUYS TO BE COMFORTABLE WITH? UM, THAT'S THE DIRECTION KIND OF LOOKING FOR YES, SIR.

AND, UM, I'LL JUMP IN THERE AND THAT'S A GOOD POINT AND COUNCIL MOMENT.

AS THE, OUR COLLEAGUE SAID THE ISSUE WOULD BE, WHAT ABOUT DUNKING DONUTS AT, AT BAKER AND GARTH ROAD? SAME PERSON, OR NOT MR. YOUNG OBVIOUSLY, BUT SOMEBODY ELSE SELLING RUGS OR MATTRESSES COULD SET UP THERE.

AND SO THAT'S ONE WE GOTTA THINK, IT'S NOT JUST MR. YOUNG AND HEB, IT'S, AND IT'S ALL OVER TOWN.

ALEXANDER NORTH

[00:50:01]

ALL THEY DO IS HAVE AN AGREEMENT, WHICH IS WHAT THE CODE REQUIRES, IS THEY HAVE AN AGREEMENT WITH THE, THE PROPERTY OWNER OR THE BUSINESS THAT THEY CAN SET UP IN THEIR PARKING LOT.

SO WE HAVE TO BE CONCERNED WITH THAT.

MS. YOUNG IS A, IS A VERY ESTABLISHED, YOU KNOW, LEGITIMATE IF YOU WILL, VENDOR, NOT ALL OF THEM ARE MM-HMM .

AND, AND, AND THAT'S WHAT WE HAVE TO BE CONCERNED ABOUT.

UM, TONY ASKED, OR MR. GRAY ASKED FOR SOME, SOME DIRECTION, I LOOKED DOWN AND, YOU KNOW, GOT, TWO OF THE CITIES ARE 180 DAYS AND THREE OF THE CITIES ALLOWED 90 DAYS.

YOU KNOW, I, ON OPTION TWO GOING DOWN TO MAYBE TWO 60 DAY PERMITS A YEAR, GET US IN THE MIDDLE OF THE PACK.

UH, IT MIGHT BE A CONCEPT THAT WE, WE COULD TOLERATE A LITTLE BIT MORE.

UH, WHEN THE ORDINANCE WAS PASSED ORIGINALLY, UM, IT WAS A FLEA MARKET MM-HMM .

ISSUE UP AND DOWN GARTH ROAD AND ALEXANDER AND NORTH MAINE.

AND THE COUNCIL AT THAT TIME SAID, THAT'S GOTTA STOP.

AND, AND SO THE ORDINANCE WAS EFFECTIVE.

MAYBE NOW IT'S A LITTLE DIFFERENT TIME SO FORTH, LOOSEN IT UP A LITTLE BIT AND WITH THE CAVEAT, AND I'LL SAY WITH THE CAVEAT THAT IF IT STARTS TO BE FLEA MARKET CITY AGAIN, WE CAN TIGHTEN IT RIGHT BACK UP.

ALRIGHT? YES MA'AM.

YOU HAD A COMMENT? YEP.

I JUST WANTED TO, UM, TO MENTION A COUPLE OF THINGS.

UM, THE FIRST ONE IS JUST LIKE WHEN WE WERE LOOKING AT ZONING AND WE GOT REALLY SPECIFIC, LIKE WITH MIXED USE ABOUT WHAT WE ALLOW AND WE DON'T ALLOW GIVING DIRECTION WHEN WE'RE LOOKING AT THIS ORDINANCE.

UM, ONCE IT'S PRESENTED AND LEGAL'S LOOKED IT OVER, COULDN'T WE BE REALLY, REALLY SPECIFIC AND SAY, UM, WE'LL ALLOW ROCK CHIP REPAIRS VERSUS WHATEVER.

SO I JUST, SINCE WE'RE IN DISCUSSION, MAYBE WE COULD GET INTO SOMETHING VERY, VERY SPECIFIC SO WE WON'T HAVE THE FLEA MARKET SITUATION.

THE ONLY REASON I MENTIONED THIS IS THERE HAVE BEEN TIMES IN MY LIFE WHERE I HAVE SAID, WELL, WE'RE GONNA HAVE TO DRIVE ON OVER TO PASADENA BECAUSE I NEED THE CHIP FIXED IN MY WINDSHIELD.

AND I KNOW THAT IN BAYTOWN, I'M NOT GOING TO FIND THAT AT, AT A VENDOR DOWN GAR ROAD.

UM, SO I'M JUST WONDERING AS FAR AS DIRECTION GOES IN DISCUSSION, IF WE COULD MAYBE HAVE VERY, VERY SPECIFIC THINGS THAT OUTLINE WHAT WE ALLOW AND WHAT WE DON'T ALLOW.

UM, AND, AND I AGREE WITH EVERYONE, WITH EVERYTHING THAT'S BEEN SET UP HERE.

UM, I KNOW THAT YOU SAID FOOD AND ANIMAL WOULD NOT BE INVOLVED IN THIS.

CORRECT.

BUT WE EVEN SEE IT RIGHT NOW.

UM, WE HAVE FOOD SITUATIONS WHERE WE HAVE FULL-BLOWN RESTAURANTS THAT ARE ALSO ALLOWING OTHER BUSINESSES NOT THEIR OWN, TO OPERATE FOOD TRUCKS IN THEIR PARKING LOT.

AND SO THAT BEING SAID, WE COULD, WE COULD START SEEING SMALLER BUSINESSES, LET A FAMILY MEMBER, WHATEVER, JUST AGAIN, CARRY ON A FLEA LI FLEA MARKET TYPE STYLE.

SO MOVING FORWARD, I JUST THINK THAT WE SHOULD BE VERY, VERY SPECIFIC AND INTENTIONAL AND HOW WE WRITE THE ORDINANCE.

ANY ADDITIONAL COMMENTS? MAKE A COMMENT, MAYOR.

UM, TO PROVIDE GUIDANCE, I WOULD BE IN FAVOR OF THE, UH, THE 60 DAY, UM, ALSO THE, THE TWO 60 DAY.

UM, I DO THINK THAT, UM, I APPRECIATE MR. YOUNG GOING THROUGH THE PROCESS COMING AND SPEAKING TO US MULTIPLE TIMES.

AND I DO THINK THERE'S MAYBE SOME ROOM TO, TO RELAX THIS A BIT.

UM, BUT I WOULD NOT WANT TO JUMP TO THE 90 OR 180 DAYS WE'RE SEEING JUST BECAUSE IF WE SEE AN ISSUE, YOU KNOW, I WANNA AVOID KIND OF WHIPLASH, YOU KNOW.

SO I THINK THE 60 DAYS IS, IS A STEP AND WE'LL KIND OF HAVE A PERIOD TO ASSESS AND, AND, AND SEE HOW THAT GOES.

AND THEN DECIDE IF ANOTHER CHANGE NEEDS TO BE MADE IN THE FUTURE.

AND THE LIGHTS AND STUFF FOR THE KIDS.

UM, I'LL ADD, I'M GONNA ADD MY COMMENTS.

SO I'M GONNA TAKE APPROACH WHAT I'M GONNA ASK STAFF.

I WOULD LIKE TO SEE EITHER WE, WE DOESN'T ALLOW ANYTHING AT ALL, RIGHT? WE JUST DON'T ALLOW IT AT ALL.

ALL I KNOW THE OFFICERS, WE, WE CALL 'EM OUT THERE, THEY'RE NOT THERE TO, TO TRY TO DISTINGUISH BETWEEN CARPETS AND ROCK CHIP REPAIR.

AND I WILL TELL YOU SIR, YOU HAVE A, A VERY NEEDED BUSINESS, VERY LEGITIMATE BUSINESS.

AND, AND, UH, I COULD TELL YOU PEOPLE UP HERE, MYSELF INCLUDED, I'M ON MY FOURTH WINDSHIELD .

UM, I I WILL TELL YOU IT IS NEEDED, BUT THAT'S NOT, THAT'S NOT WHAT'S AT WHAT'S, WHAT'S AT PLAY.

WHAT'S AT PLAY IS, UM, I DON'T WANT US TO BECOME THE FLEA MARKET DOWN GARTH ROAD AGAIN, A FEW WEEKS AGO I WAS, IT WAS ON A SUNDAY, I SEEN SOMEBODY, THEY WENT, THEY HAD A WHOLE U-HAUL OF THEIR HOUSING, WHATEVER THEY HAD, I DON'T KNOW.

THEY JUST SAID, HEY, LET'S JUST SETTLE IT HERE ON GARTH ROAD.

AND THEY HAD THEIR WHOLE LIVING ROOM AND EVERYTHING ELSE OUT ON DISPLAY, UH, THERE ON GARTH ROAD, PRETTY MUCH.

AND I WENT TO THEM, I DON'T HAVE ANY ENFORCEMENT AUTHORITY, I JUST ASKED THEM TO PLEASE LEAVE BECAUSE THAT IS NOT WHAT WE WANT TO REFLECT OUR COMMUNITY.

AND SO IT'S NO, NO NOTHING TO DO WITH YOU AND YOUR BUSINESS.

I UNDERSTAND.

BUT, BUT I DO, I WOULD SAY MYSELF, I WANT TO, I WANNA LOOK AT TWO TYPES OF DRAFTS.

ONE, DO YOU ELIMINATE ALL, WE WON'T HAVE TO EVEN DEAL WITH THIS AT ALL.

THERE WILL, THERE WON'T BE ANY TYPE OF OUTDOOR VENDORS UNLESS IT'S SOMETHING ASSOCIATED WITH, LIKE, WHEN WE HAVE A PARADE, WE HAVE THE, THE INDIVID INDIVIDUALS THAT SELL THE, THE STUFFED ANIMALS

[00:55:01]

THAT'S, THAT'S DIFFERENT.

UM, BUT I WOULD LIKE THAT TYPE OF ORDINANCE WHERE WE JUST SAY, THERE'S NONE, RIGHT? THERE'S, THERE'S NONE OF THAT PANHANDLING, ALL THAT.

WE DON'T NEED IT, WE'LL JUST MOVE ON.

UM, OR SOMETHING LIKE SOME OF THE COLLEAGUES HAVE EXPRESSED SOMETHING THAT IS, IS, IS FAIR, BUT IT HAS TO BE WHERE THE, UH, COMMERCIAL, UH, OWNER IS IN AGREEMENT WITH, WITH WHOEVER'S GONNA OPERATE IT.

UM, BECAUSE YOU CAN GET, YOU CAN GET REALLY STICKY.

'CAUSE AS COUNCILWOMAN GRAHAM, UH, MENTIONED, YOU CAN HAVE SOMEBODY THAT HAS COMMERCIAL BUSINESS AND SAY, I'M GONNA LET MY BROTHER-IN-LAW COME AND OPEN UP OVER HERE.

AND THEN WE BASICALLY, BY DEFAULT THERE'S A LOOPHOLE AND NOW WE HAVE PLEA MARKET OR WHATEVER ELSE.

AND SO THAT'S JUST WHERE I'M AT.

I'LL, I'LL, I'LL ENTERTAIN AND LISTEN AND, AND LOOK AT THE PROS AND CONS OF TWO, BUT ONE I'M ASKING YOU TO DO WOULD BE TO ELIMINATE IT ENTIRELY.

THAT WOULD BE VERY STRAIGHTFORWARD.

AND UH, I THINK THAT WOULD BE VERY SIMPLE.

UM, BUT I'LL LET THE CITY ATTORNEY SPEAK TO THAT .

IF YOU'RE ASKING HIM THEN IT'S NOT SIMPLE.

SO YEAH, OF COURSE, THAT, THAT WOULD, THAT WOULD BE MORE SIMPLE.

AND UM, I'M HERE TO DO THE WILL OF COUNSEL YOU ALL TELL US HOW BROAD OR HOW LIMITED WE SHOULD FOCUS OUR EFFORTS AND WE'LL GET YOU WHERE YOU NEED TO BE.

NO, I APPRECIATE THAT.

YOU KNOW, THERE'S TIMES WHERE WE TALK ABOUT, WE, WE SURVEY OUR CITIZENS AND THEY TELL US, YOU KNOW, CLEAN THIS UP, CLEAN THAT UP, CLEAN THE NEIGHBORHOODS UP, DO ALL THIS.

AND REALLY KIND OF ALLOWING SOME OF THESE TYPES OF BUSINESS, MAYBE NOT YOURS PARTICULAR MR. YOUNG, BUT YOU KNOW, HOW DO WE START DISTINGUISHING BETWEEN WHAT'S, BECAUSE WE WANNA AVOID THAT TERM.

WE'RE PICKING WINNERS AND LOSERS.

SO, YOU KNOW WHAT? ELIMINATE IT ALL.

AND WE MOVE ON DOWN THE ROAD AND I'M SURE THE CHIEF WOULD PROBABLY REALLY ENJOY IT TOO.

ANYWAY, THAT'S JUST MY COMMENTS.

THAT'S WHAT I WANT TO TAKE A LOOK AT.

I'M WILLING TO GO AND, AND LOOK AT THAT.

CAN I HAVE JUST 30 SECONDS TO ANSWER THE QUESTIONS? THREE YOUR GUYS.

I'M GONNA ALLOW YOU TO DO THAT IF YOU DON'T MIND.

IF YOU, IF YOU CAN COME HERE TO, I'LL GIVE YOU 30 SECONDS IF THERE'S A QUESTION.

SO THE, HOLD ON, HOLD ON.

SORRY.

GOT DIFFERENT CONVERSATIONS GOING ON.

OKAY, MR. YOUNG, YOU HAVE THE FLOOR.

I'LL GIVE YOU 30 SECONDS TO MAKE A COMMENT.

SO THREE OF THE GUYS ANSWERED, BASICALLY, WE DON'T WANT THIS JUST TO SPREAD OPEN ACROSS THE CITY AND EVERYBODY CAN POP UP HERE, THERE.

AND THE OTHER ONE THING TONY AND I HAD TALKED ABOUT WAS THAT A GUY LIKE ME, AS AN EXAMPLE, WOULD JUST SIMPLY PUT IN PLACE A MILLION DOLLARS OF INSURANCE, WHICH WE DO GIVE WRITTEN CONTRACTS TO YOUR CUSTOMERS AND SOME OTHER THINGS.

JUST PUT IT IN THE DEFINITION.

ALL THESE OTHER PEOPLE THAT WE WERE WORRIED ABOUT, THAT I'M WORRIED ABOUT WHERE I LIVE, THEY JUST WOULDN'T BE ABLE TO SHOW UP AND BE ALLOWED.

AND THAT'S SOMETHING TO THINK ABOUT.

I JUST WANNA MAKE SURE YOU GUYS CONSIDERED THAT.

NO, I, AND I DO.

UH, AND APPRECIATE YOUR INPUT AND YOU MADE SOME VERY VALID POINTS.

AND SO, LIKE I SAID, I WANNA WEIGH, I WANNA WEIGH ALL THE OPTIONS AND, AND RIGHT NOW, RIGHT WHERE I'M LEANING IS WE JUST DON'T DEAL WITH IT.

WE JUST DON'T ALLOW IT.

YOU KNOW, WE'RE, WE'RE TRYING TO IMPROVE OUR CITY AND, AND SOME OF THE BLIGHT IN SOME AREAS AND YOU KNOW, WHEN I SEE PEOPLE AND I KNOW THAT, YOU KNOW, TIMES ARE TOUGH FOR SOME FOLKS AND, AND THEY NEED TO MAKE SOME MONEY.

AND I, AND I DO APPRECIATE THAT, BUT THANK YOU, I UNDERSTAND THAT, YOU KNOW, UH, HAVING GO AND, AND, AND LOOK LIKE A BUNCH OF FLEA MARKETS, YOUNG GAR ROAD IS NOT WHAT I WANNA SEE OUR CITY TO LOOK LIKE.

EXACTLY.

ALRIGHT, THANK YOU SIR.

ANY OTHER COMMENTS? IF NOT, THAT WAS JUST FOR DISCUSSION.

MOVE ON TO

[7. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.]

CONSENT.

SO WE HAVE, UH, WE HAVE OUR CONSENT AGENDA, WHICH IS ITEMS A THROUGH OH, A THROUGH I.

SO I WOULD ENTERTAIN A MOTION FOR CONSENT AGENDAS A THROUGH I MOVE TO APPROVE.

SECOND, WE HAVE A MOTION TO SECOND.

UH, ALL THOSE IN FAVOR OF THE CONSENT AGENDA AS PRESENTED, PLEASE SAY, WELL, LET ME ASK ANYTHING NEED TO BE PULLED, IF NOT ALL THOSE IN FAVOR, THE CONSENT AGENDA AS WRITTEN, PLEASE SAY AYE.