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2022 03 10 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 10, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 10, 2022, at 5:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Council Member Chris Presley Mayor Pro Tem Charles Johnson Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Kevin Troller Acting City Manager Trevor Fanning Interim City Attorney John Stringer Sergeant at Arms Angela Jackson City Clerk Mayor Capetillo convened the March 10, 2022, City Council Regular Meeting with a quorum present at 5:32 P.M., all members were present with the exception of Council Member Heather Betancourth who was absent. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Laura Alvarado. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on February 10, 2022. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve the minutes of the City Council Work Session and Regular Meeting held on February 10, 2022, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved City Council Regular Meeting Minutes March 10,2022 Page 2 of 18 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a Proclamation for Professional Buyer's Day. • Mayor Capetillo presented the Proclamation for Professional Buyer's Day alongside Finance Director Victor Brownlees, and expressed his appreciation for the Finance staff and their day-to- day operations. Mayor Capetillo read and proclaimed that March 9, 2022 would be known as Professional Buyers' Day. 3. DISCUSSIONS a. Receive and Discuss a Presentation on Community Engagement Initiatives. Library Director Jaime Eustace introduced Ms. Kourtney Bonzo as the newest member of the Community Engagement Team. She noted that Ms. Bonzo had been focused on building a framework for volunteerism in Baytown and would provide to Council information about the Community Engagement Team's volunteer initiatives. In conjunction with the city's departments and local organizations, the Community Engagement Team developed a new initiative called Baytown Serves. Ms. Bonzo defined Baytown Serves as the city initiative that sought to meet community needs by developing and promoting volunteer opportunities. Baytown Serves had three main aspects that Ms. Bonzo listed as the following: • City Partnerships — working with city departments to identify and develop volunteer opportunities • Volunteer Connections—connecting individuals and groups with service projects • Community Outreach — partnering with local nonprofits to provide a space for client outreach and promote their volunteer opportunities She noted that the kind of opportunities that would be supported under Baytown Serves would be all of the city's established volunteer programs as well as larger volunteer programs, such as Adopt-A-Spot. Ms. Bonzo further detailed their volunteer programs and noted they had more resources on their Baytown Engage website. She assured that all programs had been reviewed by the City's Health and Parks and Recreation Departments for volunteer feasibility and safety. Ms. Bonzo further noted that the Community Engagement Team would kick off the Baytown Serves initiative by promoting a month of services in April, also known as Volunteer Month. The featured projects that would be promoted were as follows: • April 9'h—A Pop-Up Park with a painting of the Unidad Skate Ramp • April 23rd—A Special Olympics with over 200 ways to serve • April 30th—A Coastal Cleanup hosted by the Youth Advisory Commission City Council Regular Meeting Minutes March 10,2022 Page 3 of 18 Ms. Bonzo indicated that a crucial aspect to Baytown Serves' success would be developing local partnerships with service organizations, faith-based groups, and nonprofits. Baytown Serves would utilize Volunteer Connect—a locally ran volunteer platform—for all project registration. Additionally, the Sterling Municipal library would reserve and provide direct services to nonprofit clients. The Community Engagement Team had already begun testing the program with the Marcelous-Williams Resource Center at the library, which has been very popular and hoped it would grow soon. In conclusion, Ms. Bonzo listed a few more local volunteer opportunities and stated that the place to go to learn all about Baytown Serves was their Baytown Engage website. Mayor Capetillo opened the floor for any questions. Council Member Alvarado had no questions but commented on being aware of the presentation through the United Way Volunteers. She was happy to see the initiative out, and that she and Council Member Betancourth had previously discussed having a volunteer portal or organization within the City. Council Member Alvarado thanked the Community Engagement Team for taking that on and likewise, Mayor Capetillo thanked Ms. Bonzo for the presentation. b. Discuss the proposed development from Build Baytown I, LLC, regarding a public golf course at Evergreen Park. Council Member Lester first addressed he had discussions with the citizens that had participated or viewed the initial presentation about the golf course. The citizens' comments in summary encompassed the citizens wanting more opportunities to comment, and Council Member Lester noted that this item was another opportunity to keep that in the forefront as he, as well as the citizens, still had questions regarding the proposed development. Mayor Capetillo inquired if any other Council Member had additional questions or comments. With there being none, Mayor Capetillo noted they did have a few individuals who signed up to speak. Economic Development Manager Bret Gardella informed Council they had a presentation by the Golf Course Designer, Mr. Richard Buckton, and developers, Mr. David Hinkle and Mr. Rio Valeriano. Mayor Capetillo thought it best to have those speakers present and then have that followed by questions from Council and the public. (Zoom) Mr. Buckton first addressed the questions about safety. He thought it was best to compare the plan for Baytown with the golf course Torrey Pines in San Diego, California and with the assistance of Mr. Gardella,he went through a PowerPoint presentation. Mr. Buckton indicated that Torrey Pines was a public golf course designed for a public setting where they would have both skilled and beginner players. The presented image displayed Baytown's golf course and Torrey Pines' in the same scale. He noted that Torrey Pines in three holes of width was 710 feet with an average width of about 230 feet of playing zone. In that same three-hole scenario, the Baytown Golf Course would have 800 feet width with an average playing zone of 250 feet, which would have about 15% more room than Torrey Pines. Although Torrey Pines' fairway measured about 80 feet wide,Baytown's would be more like 100 feet wide. In regards to the question of the Baytown Golf Course having either nine or eighteen holes, he noted that one hole would be 555 yards of a par-5, and the second time the hole would be played as 430 yards of a par-4. The tees and the landing zone in the fairway would be in a different position. There would be multiple sets of tees about a hundred-yard difference in length, and the City Council Regular Meeting Minutes March 10,2022 Page 4 of 18 greens as well would be in different positions of 80 to 50 yards in length. Mr. Buckton explained that would be how they had eighteen holes and inquired for any questions. With there being no questions from Council, Mr. Buckton moved on to discuss a displayed diagram of Holes Number 1 through 4 and explained how the golf course would look like after the first hour with eight- minute tee times between groups. Due to technical difficulties, Mr. Buckton's presentation halted. Mr. Gardella inquired for Council's questions over what had been presented thus far. Council Member Lester noted his major questions where of how the golf course would function in tournament play, exactly as what was being presented. With the presentation back online, Mr. Buckton continued his presentation and discussed the progression of the golf course from different hours and where certain groups could be located with the golf course being loaded up. They would be divided by a morning group of tee times and an afternoon group of tee times and when the first group was ready to play the tenth hole, that hole would have originally been the first hole. Mr. Buckton further detailed the pattern that would continue all day with the two full groupings. A fully-loaded golf course could host fifteen groups times four, meaning sixty in the morning and sixty in the afternoon. Mr. Buckton inquired if there were any questions by Council. With there being no questions, Mr. Buckton continued to explain routes. He stated the golf course would be full after two hours with the first group following the fifth, and so on with the afternoon group. He noted that Baytown's golf course would have a "Shot Gun" approach to tournaments. Each group would go to their designated hole and all start at once. The golf course would be completely loaded and end in four hours. Mr. Buckton noted that could be repeated again in the afternoon. The golf course could have two Shot Guns which would amount to about 120 total participants. With that being the end of the presentation, Mr. Gardella opened the floor yet again to questions. Council Member Lester sought an explanation on how they would do a Shot Gun at all eighteen holes on a course that played nine with different tees. He understood the typical flow,but the Shot Gun start would have eighteen holes with eighteen teams where every hole would be covered. He asked if there would be two teams at each tee playing the same fairway at the same time and Mr. Buckton answered that the Shot Gun on the course would be different.There would be two groups on the par-4s and par-5s, and when the Shot Gun goes off one group would have to wait until the other group cleared the landing area. Mr. Buckton estimated that generally took about four to five minutes. Mayor Capetillo inquired for additional questions and if there was more to the presentation from the other developers. Mr. Gardella noted that by not knowing what kind of questions would be presented, the speakers wanted to make sure they addressed how tournaments would be played, the safety of the course, and making comparisons to another municipal course. Mr. Hinkle and Mr. Valeriano were connected via Zoom and ready to answer questions or discuss anything else Council might have. Council Member Alvarado clarified she was one of the three council members that had signed for the item to be placed on the agenda because Council Member Lester had questions and since the City Council Regular Meeting Minutes March 10,2022 Page 5 of 18 golf course would be in his district, she wanted him to be comfortable with the proposed development. Council Member Alvarado did not have any questions herself and stood behind her original comments. Mayor Pro Tem Presley did not have a question for the developers,but more so for staff or Council. With that, Mayor Capetillo noted that several citizens had signed up to speak regarding this item and asked them to come forward to present their comments at this time. Ms. Sandra Wilkerson was not available to speak via Zoom at this time. Mr. Jeff Reilly, who lived in the council district for the proposed development, noted that he appreciated the effort that was put into the presentation. However,he discussed his reservations in regards to the due diligence of the process. Mr. Reilly stated the due diligence should have come before when the City stated the process of searching for somebody to do a proposal. It was his understanding the matter had just been advertised in the Baytown Sun. He questioned if the city had a task force to go and talk to everyone possible. Additionally,he stated they could not advertise the golf course as having eighteen holes as it was a nine-hole golf course with eighteen greens. In regards to the previously discussed flow, he commented that it would only work if they had sixty Tiger Woods playing at one time and being able to be precise on their shots. He understood the wide fairways,but—in playing golf in that area—he stated that would not work. The tee times and green tees needed would not sustain a nine-hole golf course. Mr. Reilly lastly noted that the other Top 25 nine-hole golf course in the state of Texas were of communities with a 2,500 to 15,000 population,whereas Baytown had over 80,000 population, and the pressure of the golf course with a city that size would not be sustained. Former Mayor Calvin Mundinger stated that he was also a former single-digit handicapped golfer and had been playing golf since he was 13 years old. He shared the City Manager's sentiment of the golf course being a physical statement that needed to take place in that part of the city;however, he stated he was pro conventional golf course. The City had an opportunity with all the parties involved to consider what it would take to construct a conventional eighteen-hole golf course. Mr. Mundinger spoke on behalf of golfers that preferred to play in a traditional setting and had concerns of how that would function mechanically on the proposed course. Mr. Mundinger discussed the available land adjacent to the course, and requested Council continue additional due diligence to see what it would take to build a conventional eighteen-hole golf course. With there being no other speakers, Mayor Capetillo asked for the Council to provide any additional comments. Mayor Pro Tern Presley clarified he did support golf and had advocated for the southern portion of the city. However, he deemed it unusual that a routine step had been omitted, and did not understand why staff had not recommended nor conducted a professional market study to help look at things. In reading the Baytown Sun, Mayor Pro Tem Presley agreed with a lot of what the Chief Administrator had to say; however, it did not help Council do their job when the Chief was out front touting the golf course when they should be gathering the data missing which was needed. Mayor Pro Tern Presley opined the City needed to utilize an unbiased expert or two to provide them with the facts for Council to make a sound decision. He relayed there had been another unique golf concept a couple years back but based on hyperbole and wishes,that did not work. Mayor Pro City Council Regular Meeting Minutes March 10,2022 Page 6 of 18 Tern Presley reiterated his concern of not engaging a market study that related to the $70 or $80 million investment the City was making at Bayland Island. He did believe the golf course would complement the Hotel Convention Center, but believed the responsible thing to do as stewards of taxpayer dollars was to give the citizens what they preferred. Mayor Pro Tem Presley requested his colleagues to look into engaging a market/feasibility study to look at the possibility of an eighteen-hole course. He restated the need of having expert opinions that did not have a vested interest in the project to look at all the possible scenarios. Mayor Pro Tern Presley stated the risk was substantial, and he would not be willing to add more risk without a professional market/feasibility study. Council Member Powell appreciated the presentation that answered the questions of how it would be played and how tournaments would work. He was interested to hear from the golfers in the community now that they had seen the presentation. He ended on the note that he appreciated the item was on the agenda so Council could continue to discuss the matter. Council Member Johnson commented Council Member Lester, Council Member Alvarado, and himself,had some conversations about bringing the item back to get more information out. Council Member Johnson and the citizens that approached him favored Baytown having an innovative, newest, brightest idea. He agreed. For Council Member Johnson, it was not all about the golf course but of the development that would go along with it. He did, however, reserve the right to change his mind while on the dais and, as such, wanted as much information as possible. Council Member Johnson noted that just because the golf course was not traditional, it did not mean it could not work, be successful, nor that the residents on the south end of town did not deserve something that would bring value to the south end of town. Council Member Johnson continued to comment that they had not seen anything being brought in to the area for many years and could not remember the last developer wanting to come in.The City had a developer that wanted to come in and put a non-traditional golf course that was already drawing buzz outside of Baytown so the opportunity was something that Council Member Johnson opined should not be taken lightly and should not be an opportunity that passed them by. He made note of the producer that wanted to document the process from start to finish which had not been done in Baytown since the Brunson Theater. The theater was history and the City had another opportunity to make history with the golf course for a small investment.Additionally,he addressed Mr. Reilly's comment that the course would not sustain itself since with Baytown's greater population and with the Hotel Convention Center, he did not understand how it would not sustain itself. Council Member Johnson would continue to support the golf course unless Council received information that it would fail at an 80% chance, for example. Council Member Lester agreed with both Council Member Johnson and Mayor Pro Tern Presley. He would have initially voted no for the golf course, but with the Hotel Convention Center being built in the vicinity,the golf course was an amenity they needed to look at. Council Member Lester like the innovated idea, yet true golfers did not want a gimmick.True golfers wanted a golf course, and Council Member Lester thought the proposition could meet that. Additionally, he shared a concern about the comment that the course would be a small investment. The investment would be significant and leaned heavily on the City's side. If the City could make a good deal for both sides, he would go for it. At that point in time, Council Member Lester stated it was not a good deal for both sides and hoped Council would continue to have discussions to work out that deal. City Council Regular Meeting Minutes March 10,2022 Page 7 of 18 In conclusion,Council Member Lester stated he supported a golf course with the Hotel Convention Center but to where it would be a good deal for both sides. Mayor Pro Tern Presley echoed Council Member Lester's sentiment that if it were a good deal, he would be the first to raise his hand. Mayor Pro Tem Presley wanted to make ensure they would have the most successful golf course and add the most value to their residents. Mayor Pro Tern Presley had a hard time seeing where the opportunity would pass them by where the city reached out to the developers and where the city owned the land. Mayor Capetillo's stance on the matter was that citizens wanted to bring golf back to Baytown and that they now had that opportunity. He remarked there were unfortunately certain aspects that could not be shared publicly from the developer and from Council. The golf course would have to be considered as an investment for not only the course but for future development. It would be a catalyst for the city and District 6. Mayor Capetillo believed the city would need to get the matter right starting with the golf community to know that 1)they could have safe golf,2)they could host tournaments, and 3) there would be a flow of plays. He commented traditional courses also got jammed. The City wanted players to experience a good flow of golf that would be unique. There were a lot of other eighteen-hole municipal courses, so they had to be unique. The innovative design was attractive to Mayor Capetillo, but he did agree with having options. If eighteen holes was the way they wanted to go, then Mayor Capetillo needed to know if they had considered all options. He relayed the research he conducted of the development another local municipality's investment and concluded that the golf course was a good deal. Mayor Capetillo suggested to Council if they had any further questions for the developer,to forward those questions to the developer directly. City Clerk Angela Jackson informed the Mayor that their first initial citizen speaker, Ms. Wilkerson, was now available to speak via Zoom. (Zoom) Ms. Sandra Wilkerson noted that she lived in a subdivision situated in the middle of the property where the golf course was being considered. She relayed that her property received a significant amount of damage from stray golf balls and also faced the threat of personal injury. Ms. Wilkerson further discussed the positive and negative impacts of the closer of the old golf course. Those observations lead her to list the following: 1) She believed a "one-of-a-kind" and never before seen golf course was ill-advised; 2) She questioned if the proposal would ever be submitted for a public vote; 3) Should the city allow the course to proceed, it would be the City and the course's responsibility to protect the property and safety of the residents in her subdivision; and lastly, 4) She believed the property should remain open for public use. Mayor Capetillo thanked her for her comments and proceeded to the following item. 4. REPORTS a. Receive an update on Planning and Development Department Activities. Director of Planning and Development Services Martin Scribner presented an update of his departmental activities to Council. He noted that the last update had been given a year ago and so City Council Regular Meeting Minutes March 10,2022 Page 8of18 he began his update by relaying the department's application numbers via the following graph in a PowerPoint presentation. 2022 DEPARTMENT STATS 1/1/20— 1/1/21 — 1/1/22— Total Total 3/31/20 3/31/21 3/4/22 for 2020 for 2021 Residential Permits— Total Issued. 345 238 258 1122 1194 New SFR Permits Issued 110 81 125 499 694 Commercial Permits— Total Issued 75 74 65 303 316 Inspections 3,898 3,431 3,071 17,751 18,381 Code Enforcement Cases 41 54 24 336 352 P&Z Items 57 62 BOA Items 8 5 Substandard Cases 63 100 Mr. Scribner explained that Residential Permits included anything that fit in to that residential category, for example: new houses, renovations, accessory structures, pools, etc. The second row was only for new Single Family Residential (SFR) houses, which additionally included houses built in the city's Limited Purpose Annexation areas. For 2022, Mr. Scribner projected residential permit numbers would land in that general area as last year—barring any more major events. He noted that the Commercial Permits included new commercial businesses, renovations, tenant build-outs,etc. With those permits,inspections always followed and he indicated that those 18,381 inspections were performed by only five inspectors. In regards to the total of Code Enforcement cases, 100 were converted to substandard cases and of those 100, 63 structures were demolished in 2021. Mr. Scribner defined the Board of Adjustment (BOA) Items as a moving target that did not give much information about development trends. The Planning and Zoning ("P&Z") Items did help them understand what the City would see for the foreseeable future regarding development. The 62 cases from the year prior were all either rezoning or subdivision plats; therefore, Mr. Scribner believed there would be no slow downs for the next few years. A few take away notes Mr. Scribner imparted were the following: • The pandemic continued to affect their numbers • More Code Enforcements resulted in more permits • Code Enforcement Officers carried approximately 65 cases o The national average was approximately 30-35 cases With the inspectors' heavy workload, Mr. Scribner discussed how their department had been running short-staffed. The Planning and Development Services department had adjusted duties to alleviate staff's workloads while helping their customers receive the best service they could provide. Mr. Scribner then went on to discuss the following topics. City Council Regular Meeting Minutes March 10,2022 Page 9 of 18 Permit Review Times • Residential—7 Day average, 95% are approved on the first pass • Commercial—30 Days or less, overall review time depended largely on the quality of the plans upfront and whether the applicant created the changes staff asked upon resubmittal Process Improvements • EnerGov o Went live in July and allowed every part of their process to be digitalized o Customers were assisted through the process on laptops in the lobby of City Hall o Great feedback from customers of the digital process • Consolidation of Code Enforcement Efforts o Training Code Enforcement Team to do Zoning Code Enforcement which freed Planners to do other tasks and further streamlined the process • Code Changes o Eliminated Residential Contractor Licensing o Eliminated Garage Sales Permits o Increased the minimum size of a structure needing a permit to 200 square feet o Shortened rezone time by six weeks by eliminating the need of a second public hearing from P&Z and doubling up on their public notices • Baytown Engage—Development Projects Page o In 2021, the Planning & Development department began utilizing the Baytown Engage site to release information about bigger projects to the public o Allowed citizen input on projects which would be presented to P&Z and Council o The citizen feedback increased the city and applicants' ability to anticipate and respond to future issues and questions • Customer Satisfaction Survey o Developed the survey for development customers allowed by EnerGov o Three question survey: how did they like the system, how did the like the people, and an open-ended question for other comments o Low response rate at less than 1% with 31 responses out of 4,100 issued approvals in seven months o Responses had been mixed but fairly positive Future Improvements • Sign Code o The department had worked with a new consultant o The draft would be presented to Council in the next month or two o Clarified standards on the current code o Eliminate Signed Operating License • Unified Land Development Code (ULDC) Update o Once the Comp Plan would be adopted, there would be a full rewrite of the ULDC o A few items will be presented to Council to move development standards o The update would take approximately two years • Consolidate Development Review Staff/Processes o Moving closer to the"One-Stop Shop"goal City Council Regular Meeting Minutes March 10,2022 Page 10 of 18 o Engineers who do plan reviews from Public Works & Engineering, would be moved to their Planning & Development department • Department Name Change o Planning& Development would be shortened to Development Services o The name change would take place the following Monday • New Development Round Table o Improve feedback from development community by holding regular round-table type meetings with a pre-selected group of 10 to 15 stakeholders o Idea was to create a partnership with Baytown's development super users o Would be a mix of builders, developers, and contractors o Provide update on upcoming code and process changes to stakeholders o The first meeting was scheduled towards the end of that month with the following meetings scheduled quarterly • Training P&Z o Alignment with Council's priorities o P&Z members did not receive any training outside of their orientation • Comprehensive Plan 2040 o The first full draft would be online the following day and included the ability for the public to read, comment, drop pins on the map, and see progress o Would be presented to P&Z on March 15 and then to Council on March 24 o The P&Z and Council hearings would be in May or June Lastly, Mr. Scribner discussed their Community Development Division. In addition to other services the division provided, through the Community Development Block Grant (CDBG) and other state grants,the City was able to build new homes for a select few individuals of the Baytown Community. Ordinarily, the division built one to two homes a year. Yet, because of a one-tine grant they had received from the state, the division was able to build five homes. The homes went to people of low to moderate income,many of which were elderly and disabled that already owned the property. Mr. Scribner noted they had a waiting list of five to six year due to only being able to do so much in a year. Three of their recipients had already received their keys, and two were nearing the end of their construction. With that concluding Mr. Scribner's presentation, Council Member Alvarado wanted to note that the CDBG also offered essential child care assistance. She added they offered many services that were often not widely known. Council Member Alvarado stated she may work with Assistant Director of Planning and Development Services Chris Chavis and his team to hold an application fair or something of the like to get that money out. Council Member Johnson had a question over the BOA Items and asked that when there were a number of repeating items, was there consideration given to adjust the code for those items. Mr. Scribner noted that in his year and a half of employment with the City, he did not regularly see duplication of those applications. However,he would say if they see variances for the same thing, then the code would not be meeting those needs. Thus, staff would look and bring them forward to the Planning and Zoning Commission and Council. City Council Regular Meeting Minutes March 10,2022 Page 11 of 18 Council Member Lester commented his support over the five Code Enforcement Officers that were essentially having fifteen inspections a day, five days a week. Council Member Lester noted that was a lot for those individuals and he appreciated their efforts. He additionally voiced his liking of continuing to address unnecessary codes and encouraged their department to inform Council of such codes. Council Member Lester ended on the note that he loved they were training their committees beyond the basic training of what the laws are as per Council's intent. That being why it was imperative for staff to be there to hear Council's discussions to hear Council's intent on issues. Mr. Scribner further clarified on the comment on coming in to alignment with the Council. They were not going to their boards listing what they must do based off what Council might do. The logic of the alignment was because where the Council was at would affect changes to the ordinances and processes. Mr. Scribner stated the boards needed to understand and be aware of that. Council Member Lester agreed as Council put those individuals on the committees for their mindset and appreciated their effort. Mayor Capetillo commented the CDBG housing had been a good use of federal dollars and wished the program continued to be fruitful. He additionally liked that the department measured their average days for permits as he received many calls on fence and driveway permits. In regards to the Signed Operating License, Mayor Capetillo had concerns over abandoned signs and suggested having those owners of the properties to put in a blank or something of the sort. Mr. Scribner responded they had written some provisions in to the new code that had taken that in to account. In continuation, Mayor Capetillo gave approving comments over the round table for developers. He had previously expressed to the City Manager that he wanted to extend that opportunity to other local tradespeople. Lastly, Mayor Capetillo stated they should continue to consider areas of the code that did not benefit nor add value to processes, projects, nor added value to the city. 5. PROPOSED ORDINANCE a. Consider an ordinance authorizing an Earnest Money Contract with Trinity Tabernacle Assembly of God, Inc., for vacant property located along E. James Street, Baytown, Harris County,Texas, being more particularly described as Tract 30,Abstract 65 William Scott Survey, Harris County, Texas. Interim City Attorney Trevor Fanning presented the item and briefly noted the property was subject to an environmental site assessment as the five and a half acres would be used for water detention on E. James Street. Mayor Capetillo assumed the item was in part of the flood mitigation the City had been doing in the area to which Mr. Fanning affirmed so. Mayor Pro Tem Presley inquired if the property would be a dry detention. Due to it being a large property, Mayor Pro Tern Presley wondered if it could possibly to incorporate a trail or something of the like. He noted one of their little league parks was actually a detention area. Director of Public Works and Engineering Frank Simoneaux responded it would be determined if the property would be dry or wet during the design process. However, Mr. Simoneaux had made City Council Regular Meeting Minutes March 10,2022 Page 12 of 18 it known to the owners of the city's intention to put in a trail. Mr. Simoneaux stated they wanted the property to look nice and have as many amenities as they could get in there. Mayor Pro Tern Presley offered the idea, in the event it would be wet, to have a little fountain. Mr. Simoneaux restated that would be determined during design. At a minimum, Mr. Simoneaux expected there to be trails with perhaps park benches or landscaping. Council Member Lester echoed Mayor Pro Tern Presley's questions as the property was in his District 6. He would not like to create a park, but also did not want a large hole in the ground. Council Member Lester offered perhaps trails, seats, chairs, a small pavilion, or maybe a soccer field, something that could get year-round use. Mr. Simoneaux ended on the note that the item was for the Danubina Storm Water Project. A motion was made by Council Member Mike Lester and seconded by Mayor Pro Tern Chris Presley to approve Ordinance No. 15,044, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,044 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 AN EARNEST MONEY CONTRACT WITH TRINITY TABERNACLE ASSEMBLY OF GOD, INC., FOR THE PURCHASE OF VACANT PROPERTY LOCATED ALONG E. JAMES STREET, BAYTOWN, HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS TRACT 30, ABSTRACT 65, WILLIAM SCOTT SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN THE TOTAL AMOUNT OF FOUR HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($475,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. CONSENT A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 6.a. through 6.j. The vote was as follows: City Council Regular Meeting Minutes March 10,2022 Page 13 of 18 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved a. Consider an ordinance approving Change Order No. 6 with Construction Masters of Houston LLC,for the Animal Services and Adoption Shelter Project. ORDINANCE NO. 15,045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 6 TO THE ANIMAL SERVICES AND ADOPTION CENTER PROJECT WITH CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND TWO HUNDRED EIGHTY-EIGHT AND 05/100 DOLLARS ($12,288.05); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving Change Order No. 5 with Angel Brothers, Ltd. for the Reconstruction of Rollingbrook Drive Project. ORDINANCE NO. 15,046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 5 TO THE RECONSTRUCTION OF ROLLINGBROOK DRIVE PROJECT FROM GOOSE CREEK TO DECKER DRIVE WITH GULF COAST, CRH, F/K/A ANGEL BROTHERS, LTD, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-SEVEN THOUSAND THREE HUNDRED EIGHTY-TWO AND 50/100 DOLLARS ($237,382.50); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the First Amendment to the Consulting Services Agreement with Terracon Consultants, Inc. for construction material testing for the Public Safety Facility Project. ORDINANCE NO. 15,047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR CONSTRUCTION MATERIAL TESTING SERVICES FOR THE PUBLIC City Council Regular Meeting Minutes March 10,2022 Page 14 of 18 SAFETY FACILITY PROJECT, PHASES 2 AND 3; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED ELEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($211,500.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding the Annual Contract for Food and Supplies for the Pirates Bay Water Park and Wayne Gray Sports Complex to Ben E. Keith Company. ORDINANCE NO. 15,048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BEN E. KEITH COMPANY FOR THE ANNUAL CONTRACT FOR FOOD AND SUPPLIES FOR THE PIRATES BAY WATERPARK AND THE SPORTS COMPLEX; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($240,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving an expenditure through the Texas Local Government Purchasing Cooperative (BuyBoard) with LMC Corporation for palm tree replacements and gift shop improvements at Pirates Bay Water Park. ORDINANCE NO. 15,049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY-SIX THOUSAND TWO HUNDRED NINETY AND NO/100 DOLLARS ($286,290.00) TO LMC CORPORATION, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR PALM TREE REPLACEMENTS AND GIFT SHOP IMPROVEMENTS AT PIRATES BAY WATER PARK FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of nine(9)EOTECH NV optics from Safeware through an OMNIA Partners Cooperative Purchasing contract. ORDINANCE NO. 15,050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVEN THOUSAND FIFTY-FIVE AND NO/100 DOLLARS ($107,055.00) TO SAFEWARE, INC., FOR THE PURCHASE OF NINE (9) EOTECH NV OPTICS FOR THE BAYTOWN POLICE DEPARTMENT'S TERRORISM PREVENTION INTERDICTION RESPONSE AND RESPONSE City Council Regular Meeting Minutes March 10,2022 Page 15 of 18 CAPABILITIES THROUGH OMNIA PARTNERS PURCHASING COOPERATIVE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of gear for SWAT from Galls, Inc through a BuyBoard contract. ORDINANCE NO. 15,051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY THOUSAND FIVE HUNDRED THIRTY-ONE AND 15/100 DOLLARS ($120,531.15) TO GALLS, LLC, F/K/A RED THE UNIFORM TAILOR, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE(BUYBOARD), FOR THE PURCHASE OF SWAT GEAR FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase 159 laptop computers from Dell Marketing LP., via the Texas Department of Information Resources. ORDINANCE NO. 15,052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTEEN THOUSAND SIX HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($218,625.00) TO DELL MARKETING L.P., FOR THE PURCHASE OF ONE HUNDRED FIFTY-NINE (159) LAPTOP COMPUTERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES;MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing an Industrial District Agreement with 4000 Cedar Blvd, LLC. ORDINANCE NO. 15,053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH 4000 CEDAR BLVD, LLC;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the First Amendment to the Meet and Confer Agreement with the Baytown Municipal Police Association, Inc. ORDINANCE NO. 15,054 City Council Regular Meeting Minutes March 10,2022 Page 16 of 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE MEET AND CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider one (1) appointment to the Baytown Area Water Authority Board. Mayor Capetillo relayed, with confirmation form the City Clerk Angela Jackson, the item was for a new appointment to the Resident Extra Territorial Jurisdiction (ETJ)position and the appointee brought forward was Mr. Jimmy Smith. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Chris Presley to approve Mr. Jimmy Smith as the appointment to the Baytown Area Water Authority Board Resident ETJ position. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved b. Consider one (1) appointment to the Planning and Zoning Commission. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Chris Presley to appoint Ms. Tammi Scott to the Mayor At-Large position on the Planning and Zoning Commission. However, Mayor Capetillo had a few comments about Ms. Scott prior to the vote. Mayor Capetillo believed Ms. Scott would serve well as she was a local business owner. He further believed she would bode well in her trainings to know her role and responsibilities as the considered appointment. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes March 10,2022 Page 17 of 18 Nays: None Other: Council Member Heather Betancourth(Absent) Approved 8. MANAGER'S REPORT Acting City Manager Kevin Troller thanked Economic Development Manager Bret Gardella for bringing the item about the golf course Council continued to discuss that night. Mr. Troller additionally appreciated speaker Ms. Kourtney Bonzo from the Community Engagement Team. He extended that appreciation to the staff that continued to work through the Council Meetings, and lastly thanked Council's service in their discussions that night. 9. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Laura Alvarado as it relates to Council District No. One. Council Member Alvarado gave the District Report on District 1 via a PowerPoint presentation. She began her presentation by first thanking the Planning Department for her district's new and updated street lights. The Civic Association within her district had come back online after COVID and had their first meeting in February where Library Director Jaime Eustace and her team gave a presentation for the Empowerment Grant. Council Member Alvarado reported the association would have a huge trash pickup on April 16`h, and would be reaching out to staff for any necessary permits and such. Council Member Alvarado mused that perhaps that would be an opportunity to work with Baytown Serves to connect with volunteers. The Civic Association would also have a Southwest Edition coming back online that had not met in over eight years. The Southwest Edition's meeting would be on April 12`h. They had a few Neighborhood Improvement Grants as well with the West Civic Association being on their second Neighborhood Improvement Grant. Council Member Alvarado relayed there would be another street mural at Kentucky and Louisiana. Central Heights was having a second grant as well for another street mural leading to Central Heights Park. In regards to parks, Council Member Alvarado wanted to thank the Parks Department for ordering new equipment for Bush Terrace Park on Avenue K. She ran a Parks Audit with Parks Planner Cornell Gordon and encouraged her fellow Council Members to do the same. Mr. Gordan received a lot of notes on what Council Member Alvarado and residents wanted to see in their parks system. On traffic calming with the implementation of speed bumps and things of that nature, there were some neighborhoods that had already applied. However, those that did not qualify, Council Member Alvarado noted there were patrol enforcement out there giving tickets and for those that did qualify were Central Heights, Harold Lane, and Grantham Road. Council Member Alvarado then discussed the Market Street Redevelopment. The estimated cost for the investment in that area was$1.1 million. Council Member Alvarado thanked Harris County City Council Regular Meeting Minutes March 10,2022 Page 18 of 18 Precinct 2 for their partnership as the city would not be able to funnel that much money in to the area so quickly. Finally, Council Member Alvarado's last topic of discussion was District 1's drainage improvement project. She was present for Harris County's meeting where it had been approved by Harris County Precinct 2 which would come back to Council on March 22nd. The estimated cost for the investment in that area was $7.1 million and the trunk line ran from Minnesota down to the Bay which would continue to add to the established improvements down Huggins Street. 10. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the March 10, 2022, City Council Regular Meeting at 7:20 P.M. Angela J son, City %^ City of Baytown / 6. « � A M v a ; w n r ► �m . CO a° mww ""A, \} w t rh tw476FbkJflO