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2022 04 14 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 14, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 14, 2022, at 6:30 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 Tern Charles Johnson Council Member Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Trevor Fanning Interim City Attorney David Alford Assistant Police Chief Angela Jackson City Clerk Mayor Capetillo convened the April 14, 2022, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Charles Johnson. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on March 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 Regular Meeting held on March 10, 2022, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes April 14,2022 Page 2 of 31 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees, LaTia Jutan and Lianette Leon, for awards received from the American Water Works Association. Mayor Capetillo,along with Public Works and Engineering Director Frank Simoneaux,recognized two employees for their outstanding work. LaTia Jutan, Superintendent of Wastewater Treatment, received the William D. Hatfield Award which recognized an operator of wastewater treatment plant for outstanding performance and professionalism. Lianette Leon, Asset Manager, received the Sydney L. Alison Award which recognized a person who made a significant contribution to the engineering, science, and or the operation/maintenance of wastewater collection and pumping stations with the mission to transport wastewater to a treatment plant. Ms. Leon also received the Water Environment Association of Texas Innovative Technology Award which recognized individuals who deployed innovative technologies to solve water challenges. b. Present a proclamation to recognize the Lee College Basketball Team for their athletic achievements. Mayor Capetillo read the proclamation recognizing the Lee College Men's Basketball Team 2021- 2022. The team was made up of the following players: • Joshua Cooper • Mario Whitley • Idryck Wilkinson • De'Vonte Austin • Terrence Johnson • Darrell Washington • Darius Smith • Reece Peel • Braydon Redd • Kyron Gibson • Djahi Binet • and Nicholas Wade, • Lamine Ndoine • Chance Brown Head Coach • Nickolas Traylor • Tidjiane Dioumassi The Lee College Men's Basketball Team ended the season with 27 wins(the most wins in a single season in the school's history), an 18-game win streak, and the highest rank the school had ever achieved (14th). Coach Wade earned the distinguished honor of being named Region 14 South Zone Coach of the Year while leading the team to the first South Zone Championship in the school's history. In addition, Coach Wade earned an invite to the national tournament. The members of the team invited to participate in all-region teams, including: • Kyron Gibson and Chance Brown were chosen for the first team, All-Region Selection • Darius Smith and Mario Whitley were chosen for the second team, All-Region Selection • Kyron Gibson was additionally chosen for the All-American Selection Mayor Capetillo proclaimed April 15, 2022 as Lee College Men's Basketball Day in Baytown. Furthermore, Mayor Capetillo recognized all the Lee College Reagents present in the audience. Council proceeded to take a few photos with the team before continuing on to the following item. City Council Regular Meeting Minutes April 14,2022 Page 3 of 31 3. CITY OF BAYTOWN'S STRATEGIC PLAN a. Consider a resolution adopting the City of Baytown's Five-Year Community-Based Strategic Plan. City Manager Rick Davis presented the item by and expressed he was proud of the work done by the Strategic Planning Advisory Committee ("SPAC"). Mr. Davis noted one Council Member, in particular, knew what it was like to go through the process and had been instrumental in creating the city's five-year plan which was successfully implemented. The work done would set off the blueprint for the next five years.The Strategic Plan was based on a multitude of exercises designed to encourage deep community listening, so they could evaluate what the citizens believed were the factors, initiatives, ideas, and dreams that were most likely to elevate the citizens' quality of life. In the 15 years Mr. Davis had been engaged in the community-based strategic planning,he did not recall a process that had gone better nor a plan that had been better. With that, Mr. Davis commended the following SPAC Members: • Anjali Singh • Tommie Smith • Rebecca Conejo • Nicholas Rice • Steven Bingham • Trevor Smith • Mark Stafford • Taylor Henckel • Kelli Williams Mr. Mackey Smith, consultant with Tanner LLC, relayed he would outline the process by which the SPAC procured the plan. The process, Mr. Smith believed, was as, or even more important than the final deliverable. A phrase the SPAC used was, "The broader the base in participation of creating the plan, the higher the likelihood of actually implementing the plan." The process established an expectation of accountability that ensured the plan would not sit on a shelf but lead to guiding the city's budget and initiatives over the next five years. The SPAC helped lead out and identify groups following the community engagement approach where they facilitated dialogue sessions. Mr. Smith commented that he had never gotten close to the number of the focus groups done in Baytown. He thanked the SPAC, Assistant to the City Manager Brian Moran, Mr. Davis, and the Council Members who each hosted a session in their districts. The SPAC facilitated a total of 26 dialogue sessions and collected 2,500 public survey responses. There was also a statistical survey as well; however, the SPAC leveraged the public survey to guide the plan because everyone who wanted to participate had the chance to. Furthermore, the SPAC launched an essay contest over what a perfect Baytown would look like in the future, of which Council honored the winners in a previous meeting. The goal and the result were to leave no stone unturned. All the feedback by the citizens were analyzed to create the Strategic Plan. Mr. Smith stated it had been a transparent process and that nothing in the plan had not been brought up by residents as a priority. Mr. Smith then gave the format of the Strategic Plan. • Primary Directive — What quality of life do we want in our community? (Mission Statement) City Council Regular Meeting Minutes April 14,2022 Page 4 of 31 • 5 Strategic Directives — Where should we focus our resources to achieve that quality of life? (Key Focus Areas) • Strategic Initiatives—What specifically can we do to accomplish our directives? (Action Items) • What Does Success Look Like? (Goals) With that, Mr. Smith turned the attention over to SPAC Member Rebecca Conejo, who shared their primary directive was to build upon Baytown's vibrant economy and unique sense of community by strengthening a more connected Baytown that further embraced people from all backgrounds and invests in improving their quality of life. Considering the previous primary directive, the SPAC wanted to focus on building upon the successes of the last Strategic Plan. Economic Prosperity The first Strategic Directive was Economic Prosperity. Ms. Conejo relayed citizens wanted to live in a city that provided a multitude of essential and recreational activities where they can live,work, and play without the need to leave Baytown. In community feedback, residents wanted the city to focus on things like: • Upscale Shopping(45%) • Fine Dining(41%) • Things to Do (32%) The Key Initiatives of Economic Prosperity were: • Recruit New Shopping and Dining Options • Adopt Action Plan for Mall Renovation o It was noted the mall was brought up in every focus group • Attract Entertainment Opportunities for Young Families Success for the initiative would be tracked by: • High Employment Rates • Diversified Retail and Dinning Options • Average Household Income Critical Infrastructure and Mobility SPAC Member Kelli Williams went over the second Strategic Directive that focused on providing improvements to Critical Infrastructure and Mobility. Ms.Williams relayed citizens wanted to live in a community that was cognizant of its growth with manageable traffic where citizens could arrive safely and timely. Based on citizen feedback and projected growth, the directive asked the city to focus on: • Roads and Traffic Relief(40%) The Three Key Initiatives of Critical Infrastructure identified were the following: • Additional Road Investment and Traffic Improvement City Council Regular Meeting Minutes April 14,2022 Page 5 of 31 o Included: improved coordination between stoplights, alleviating traffic congestion, and complete planned road projects for major thoroughfares—such as Garth Road • Connectivity of Sidewalks, Walkways, and Trails • Flood Mitigation Metrics to gage success included: • Reduced Traffic at Primary Streets and Intersections • Improved Pedestrian Access by the Additional Feat of Sidewalk Constructed Mr. Smith interjected and clarified for the audience that the initiatives discussed were not the only initiatives in the plan. It was a rather large document that Mr. Smith encouraged everyone to read. The SPAC speakers wanted to cover the highlights of what would get furthest along in terms of implementation. Beautification and Environmental Stewardship The 3rd Strategic Directive was Beautification and Environmental Stewardship. Mr. Smith relayed residents wanted to live in a community they could be proud to call home, where neighbors took pride in maintaining their homes, and where they could enjoy the rich beauty of the area. In community feedback, residents voiced what they liked and disliked about Baytown: • Liked: Location (18%) • Disliked: City Reputation and Image (2%) and Physical Appearance(1%) The Key Initiatives of Beautification were the following: • Partner with Stakeholders on Clean-Up Initiatives • Continue to Enact Consistent and Proactive Code Enforcement • Tree Planting, Preservation, and Natural Beautification Efforts The way the city would measure success would be: • The Less Number of Residents Calling and Complaining • Measuring the Amount of Trash Found • Additional Green Space Outdoor Recreation and Amenities SPAC Member Mark Stafford shared the 4th Strategic Directive, Outdoor Recreation and Amenities, and stated that citizens wanted to live in a community where all members of their family could enjoy an active lifestyle. The Key Initiatives of Outdoor Recreation and Amenities were the following: • Identify Waterfront Property to Develop for Recreational Use • Expand Trails, Bike Paths, and Recreational Pedestrian Access • Maintain Properties to Enable Organized Sports for All Ages City Council Regular Meeting Minutes April 14,2022 Page 6 of 31 The metrics for success would be: • Increased Quality Waterfront Access Points • Improving Satisfaction Survey Scores • Increased Enrollment in Organized Sports Field Building A Connected Baytown SPAC Member Tommie Smith discussed the fifth and final directive that would be discussed in the meeting. Ms. Smith recited a quote from their surveys which read, "I want all members of Baytown to enjoy the same connection and sense of community that I do." The Key Initiatives of Building A Connected Baytown were the following: • Implement Policing Plan and Community Engagement Initiatives • Leverage Civic Academy to Expand Volunteer Efforts • Continue Community Development Program and Empowerment Grants The metrics used to determine success were listed as the following: • Satisfaction Survey Scores • Reduce Discrepancy of Neighborhoods • Increased Volunteerism with Citizens With that being the final SPAC Member to speak on the last directive, Assistant to the City Manager Brian Moran stepped up to the podium. Mr. Moran took a moment to commend the city's department directors and staff for their commitment to implementing the plan. During the last five years, the city had annually been able to successfully complete 75-85% of the strategies and ideas Council had developed to meet the desires identified by the community. Of course, Mr. Moran noted that not everything could have been accomplished within the year, since specific projects, like the reconstruction of Garth Road, required multiple years to accomplish. However, many of the city's successes would not be realities without their professionalism and expertise. To keep the momentum moving forward, the city would upgrade their community scorecard to an online dashboard. Mr. Moran explained that would be for them to be more visibly able to depict the progress in the implementation while helping increase engagement with the community. The dashboard would be updated quarterly and available on the City's website, Baytown.org. Mr. Moran relayed they were looking to launch the dashboard later that year, which would coincide with the city's fiscal year '23 budget in October. Furthermore, Mr. Moran listed the other ways SPAC would keep momentum, such as: • Conduct Annual Status with City Staff on Implementation • Give an Annual Report to the City Council on Implementation • Annual Goal-Setting and Planning Between Staff and Council City Council Regular Meeting Minutes April 14,2022 Page 7 of 31 In conclusion of SPAC's presentation, Mr. Smith inquired if Council had any questions. Mayor Capetillo commented his appreciation for the plan, and proceeded to consider the resolution. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Resolution No. 2779, related to Item 3.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 Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S 5-YEAR COMMUNITY- BASED STRATEGIC PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Recognize the members of the City of Baytown's Strategic Planning Advisory Committee (SPAC). Assistant to the City Manager Brian Moran called all the members of the Strategic Planning Advisory Committee (SPAC) to the podium where Mayor Capetillo presented a plaque honoring each SPAC Member present at the meeting. City Manager Rick Davis read the names of the members in the following order: Rebecca Conejo, Anjali Singh, Kelli Williams, Tommie Smith, and Mark Stafford. Following Item 3.b., Mayor Capetillo took the Point of Privilege to consider agenda items 11.a., 12.a., and 12.b. before considering agenda item 4.a. 11. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect and to seek the advice of the City's attorneys on legal matters related thereto. At 7:04 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect and to seek the advice of the City's attorneys on legal matters related thereto. City Council Regular Meeting Minutes April 14,2022 Page 8 of 31 At 8:39 P.M., Mayor Capetillo reconvened the open meeting and announced that in accordance with the 551.102 of the Texas Government Code, no action was taken in the Executive Session. 12. EVERGREEN PARK a. Consider an ordinance authorizing a Chapter 380 Economic Development Agreement for a public golf course and golf related amenities, and a long-term lease of Evergreen Park (previously Evergreen Point Golf Course),located at 1530 Evergreen Road to Build Baytown I, LLC. Mayor Capetillo noted there was a long list of citizens that had signed to speak regarding this item and asked them to come forward at this time to present their comments. Ms. Pam Warford was the first citizen who signed to speak, but relinquished her time to Chris Warford. Mr. Chris Warford commented that he was strongly in favor of the golf course proposal before Council as it would greatly benefit their community by bringing golf back to Baytown in less than two years. The golf course would also begin the process of developing Baytown's south side and waterfront property that he believed was Baytown's biggest asset. He additionally made note of the Hotel Convention Center and stated the development of the property needed to be addressed now rather than later. Mr. Warford relayed favorable comments on the developers and their golf course concept. Regarding the nine-holes, Mr. Warford stated it was not new and proceeded to list a few other nine-hole golf courses. He discussed the development's potential,of which he believed the opportunity before them was one the city could not let pass by.After hearing about the Strategic Plan, Mr. Warford believed it coincided with the golf course. He thanked Council and hoped they would consider voting for the proposal. Mayor Capetillo skipped the next two individuals on the sign-in list, Mr. Rio Valeriano and Mr. David Hinkle, who were the developers and would later be given the opportunity to speak after the citizens. Mr. Philip Yoder discussed that one of the reasons why he had chosen to move to Baytown had been the park,and he acknowledged he saw a lot of people out there on the disc course that seemed to be enjoying it. Mr. Yoder wanted to see a number of things. One of which, was that he did not see the revenue off the proposal as he saw the revenue for the developer. Mr. Yoder wished for Council to vote no, and further stated he did not want to see the proposal tabled. He suggested to wait for a couple of years after the 99 Corridors had finished construction and then, there would be more development. Mr. Yoder believed they may see others interested in bidding on the golf course project. Mr. Robert Guevara was a resident of the Evergreen Fairways Subdivision and was greatly opposed to the development of the golf course. One of the reasons why he purchased his home was because he liked his privacy. The golf course was shutting down when he had moved, which was then turned in to a park. Mr. Guevara discussed how much he and his neighbors enjoyed that park. In relaying his concerns, one was the fact that his subdivision was on the outskirts; hence, law enforcement took a bit of time to get there for any type of service call. Another concern of Mr. City Council Regular Meeting Minutes April 14,2022 Page 9 of 31 Guevara, was that the City would be bringing in something that was supposed to be gentleman sport. He believed what was actually being brought was something more like putt-putt golf. Furthermore, he did not feel that would help the citizens of Baytown as far as revenue went, as previously stated and ended on the note that they needed to build something for them, not against. Mr. David Himsel stated he wished to relinquish his time to Calvin Mundinger. Mr. Tom Shope introduced himself as the HOA President of the Evergreen Subdivision. After conferring with the residents, one of the biggest concerns was of the 12-acre tract attached to the project since it backed right up to the residents' backyards. It worried Mr. Shope that the 12-acre tract of the proposal had not been identified for the type of development, which left it up to the developer. After all was said and done, the developers could come and change what they wanted on those 12 acres. Mr. Shope wanted to make sure to convey their concern and requested Council to consider cutting that section out of the proposal. If that was to be done, Mr. Shope thanked Council on behalf of those residents on that side of the subdivision and stated he stood in favor of making sure they were kept in Council's hearts as property owners. Mayor Capetillo thanked Mr. Shope and requested Council Member Lester to address the matter regarding those 12.5 acres. Mayor Capetillo noted addressing that concern may help future comments. Council Member Lester thanked Mayor Capetillo and expressed his appreciation for Mr. Shope's comments. He indicated that after meeting with their subdivision group, Council Member Lester got back with Mayor Capetillo to discuss the matter. Mr. Shope was correct in that the 12-acre track—referred to as "Track B"—did not have a specific plan. In their discussion, the developers had agreed to pull that from the agreement. The 12-acres were off the table. Mayor Capetillo continued down the list of citizen speakers and called for Mr. Tom Kincaid, Sr., from Wright Lane; however, he appeared to be absent. Ms. Sharon Johnston noted she wished to relinquish her time to Mr. Calvin Mundinger as well. Mr. Steve White thanked Council for taking Track B off the table, yet wanted to know if the city would maintain ownership of that and Council Member Lester answered yes, it was city property. Mr. White's following question, as far as the whole process went, was of the lack of due diligence on behalf of Baytown. The question consisted of looking at projections, development plans, and seeing what would be done. Mr. White made note of the nine-hole course that was supposed to be eighteen holes, and asked: 1) how much traffic would that generate, as far as players playing it, and 2) would that be affected by tournaments? Mr. White had not seen anybody bring out any plans to show there had been studies done that would create all the commercial business everybody seemed to be talking about. Mr. White believed it was the developers telling Council that such business would be generated. He repeated that he wanted to see a study to show, for example, $100,000 worth of commercial business generated from this project. Mr. White hoped Council would vote against it. Mr. Mitch Martinez noted he recently moved into the neighborhood and enjoyed the fact that as previously stated, it was farther away. While growth was good for the city, it was slowly encroaching to where Mr. Martinez would have to move again and that was something he did not want to do. Mr. Martinez acknowledged the golf course could potentially be a great thing, but— City Council Regular Meeting Minutes April 14,2022 Page 10 of 31 as Disneyland was a great thing—he did not want to live there. In their case, it would not even be a full golf course from his understanding. Mr. Martinez continued on other points previously made, such as: an increase in traffic and the negative effects it would have on the neighborhood's privacy. Mr. Calvin Mundinger expressed his appreciation for Council, specifically, Council Member Presley for his words in the paper. In regards to the property, Mr. Mundinger reiterated the City would pay the developer $6 million, give a $2 million clubhouse, and allow their use of city property. Mr. Mundinger went on to list all the city property that would be in use of the developer. As Council Member Presley said in the paper, it all totaled to about $14 million when considering the value of all that. The last time Mr. Mundinger spoke in front of Council, he requested for additional due diligence to pump the brakes and he took it upon himself to do that, and gave Council paper handouts of statistics for them to look at. Mr. Mundinger noted he had called Fusion Golf, another developer, and discussed their pricing to build an eighteen-hole golf course. Fusion Golf visited the property with Mr. Mundinger and estimated the price per hole to be $350,000 to $400,000.With that range,the rough estimate was$6.3 million to$7.2 million for eighteen holes— not including other aspects, such as irrigation. However, Mr. Mundinger disclosed that eight holes on the property were still intact. Considering that, Mr. Mundinger projected the total—adding in irrigation—to be under $3 million to have a functional nine-hole golf course with a plan to build ten more later for$3 million,which was$3 million less than what the city would pay the proposed developers and believed that was a better deal. Mr. Mundinger begged Council to table the item, engage in real due diligence, go out for some bids, and find others to do the same as he to come up with other statistics, as opposed to building a nine-hole gimmick. He discussed on how the concept proposed by the developers were nine-holes and not eighteen. With the new information he provided, Mr. Mundinger reiterated for Council to explore other options and pump the breaks. He hoped Council would consider to rethink everything to end up with a quality facility. Lastly, Mr. Mundinger recognized an individual in the audience, Fred Marty, who worked for the City of Phoenix and helped manage four golf courses. In their youth golf program, youth golfers never paid a green fee and Mr. Mundinger believed the City could do that. Mr. David McCartney first wanted to note he was pro-golf and stated he was a former District Council Member for the golf course and did try to have a successful vote to get the golf course passed,although it did not pass,Mr.McCartney believed the Hotel Convention Center was a game- changer and he would like to see a golf course. The golf course would help the development of the area and the Hotel Convention Center; however, Mr. McCartney did not like the deal. It was way too rich for the developers, the City was getting too little in return, and there were too many unknowns. Additionally, Mr. McCartney did not like the RFP process nor that they were told there were no other options. He referenced Mr. Mundinger's recommendation to attest that there were, in fact, other options. He also wished that Council pump the breaks and make sure they were making the right deal for the taxpayers and citizens of Baytown. Mr. McCartney stated there was no rush, and encouraged Council to either table the item or vote no. Mr. Jeff Walters began by stating the citizens elected the Council to represent them and have good financial sense. He believed the golf course was not looked into as well as he thought it should have been. Baytown definitely needed a golf course, and Mr. Walters offered a different location where the city could put eighteen holes. Instead, the proposal was short term in trying to find someone to put something in, which raised the question as to why. He requested Council to not bring in some half-baked idea of a golf course, but something that they could be proud of. City Council Regular Meeting Minutes April 14,2022 Page 11 of 31 Mr. Scott Johnson, a retired employee of the City of Baytown and resident of the Evergreen Fairway Subdivision, relayed how he was surprised by the discussion on the golf course. Mr. Johnson supported a quality,first-class golf course. Baytown had spent millions on Evergreen Park that offered so much to the community. Mr.Johnson suggested the City hire a golf course architect, a civil firm, do a feasibility study, get input from area golfers, and design a first-class golf course. Mr. Johnson emphasized the value of Evergreen Park. He knew municipal uses were on the deed, but it had been established as a park. Mr. Johnson wished for Council to say no. Mr. Byron Schirmbeck stated he was not opposed to the City building a golf course. What he had heard from the citizen speakers was that people were mostly in favor of a golf course—just not the deal nor the process. There were a lot of red flags he believed they should all take note of, one being that so many former Council Members and Mayors had come out publicly against something the Council was considering and felt that held a lot of weight. They had also heard that night that everyone living in the area were against the golf course. If the City was to look at other proposals, then they should consider the eyesore of a property of the former driving range on I-10 as that property could possibly help the students. Another fact Mr. Schirmbeck heard, was that students had to drive far to get to the Eagle Point Golf Course. However, in regards to commute, Mr. Schirmbeck calculated that it took 15 minutes to get to Evergreen versus 22 minutes to go to Eagle Point, and he did not see that being worth $6 million. Mr. Schirmbeck urged Council to take another look and see what other proposals were out there. Mostly, he wished Council to go to the voters. Mr. Schirmbeck believed Council could not say they were fiscally conservative if they voted yes on the proposal. He urged Council to vote with their conscience and consider the amount of opposition that had come out to that particular plan. Finally, Mr. Chet Theiss introduced himself as a real estate appraiser by profession and noted his world revolved around comparable sales and projects. With that, Mr. Theiss relayed nobody could tell him anything about comparables, or similar projects, to what the project was—in reference to how it was being evaluated. They were guessing the success of the project based on educated guesses at best. Mr. Theiss's concern with that was they were talking about multi-millions of tax dollars going into an unproven project with no similar project nor anything to evaluate from. If the proposal were to come to a vote, Mr. Theiss wished Council to vote no. The City claimed to be driven by citizen comments, so Mr. Theiss asked Council to do that in the current situation. Mr. Theiss opined the proposal had not been citizen-driven as only a hand full of citizens had commented. Before the developers of the project were given their chance to speak, Mayor Capetillo first read out a letter they received from the Director of Athletics of the Goose Creek Consolidated Independent School District (GCCISD). Mr. Lee Martinez wrote expressing his support for the proposed golf course for the benefit of their students. GCCISD high school golfers had historically been provided with the necessary amenities in Baytown to practice golf throughout the school year. Due to the unfortunate closure of the golf courses, their high school students were required to travel to Mont Belvieu each day to practice golf at the Eagle Point Golf Club. While GCCISD appreciated the agreement, it created several challenges, such as: travel time and associated costs. The district paid thousands of dollars each year for that service. A golf course situated in Baytown would allow students to practice in their hometown, reduce the amount of travel time, and the City Council Regular Meeting Minutes April 14,2022 Page 12 of 31 expenditures for the program would be locally allocated benefiting their local economy. Mr. Martinez signed off hoping the golf course would be approved by Council. City Manager Rick Davis read another letter by Montego Management II, LLC, whom owned approximately 180 acres of land immediately west of the former Evergreen Golf Course,and wrote in support of the golf course. The company had numerous conversations with Rio Valeriano, the owner/representative of Miramar Properties, regarding the golf course development. Montego believed that the golf course project would be a significant enhancement to the amenities on the south side of Baytown and attract residents and visitors to that sector of town. The golf course would additionally compliment the housing development that Montego intended to develop on its property—of which they were eager to move forward with. The layout and structure of their development would be impacted by golf course project. Therefore, Montego submitted a letter to support the project to achieve development that benefited all parties. Lastly, Mr. Davis read a letter by Mr. Matt Wells of Wells Holdings addressed to Mr. Valeriano, the developer. As a developer with an interest in the south side of Baytown, Mr. Wells supported a well-planned and quality development that would bring value to the south side and the community as a whole. Mr. Wells opined the city had done considerable due diligence and had surrounded themselves with top professionals that would result in a product that they could all be proud of Council then heard the commentaries from the two developers, Mr. Rio Valeriano and Mr. David Hinkle. Mr. Valeriano introduced himself and his colleagues that were connected via Zoom: • Jack Morgan, Landscapes Unlimited • Jake Riekstins, Landscapes Unlimited • Mark Mattingly, Landscapes Unlimited—Operations • Richard Buckton, Golf Course Designer • Mike McGetrick, PGA Golf Professional • Jeffrey Tinnell, Allegheny Image Factory Before turning it over to his colleagues, Mr. Valeriano wanted to say a few words about the eighteen-hole golf course. He emphasized that it was a 6,200-yard, par-71/par-72, eighteen-hole golf course. It was not a gimmick nor mini-golf and was, in fact, an eighteen-hole golf course. Mr. Valeriano introduced Mr. McGetrick, who was connected via Zoom. (Zoom)Mr. Mike McGetrick shared about his profession in golf and the concept of the golf course. While new to some in the audience, around the world it was not new. For example, a majority of the golf courses in Japan had dual greens on every hole. Also, in the United States there were many golf courses designed with multiple tees and green complexes on a golf hole where they would see two holes. In looking at Rick Buckton's design for the proposed golf course, it was a regulation golf course that had multiple tees with different shot-lines to play. If a player were to play nine holes with the second nine holes played from a different tee box and a different shot-line down the fairway to a different green,that would be an eighteen-hole regulation golf course. Mr. McGetrick opined that, because of land constraints, it was a brilliant concept. The United States Golf City Council Regular Meeting Minutes April 14,2022 Page 13 of 31 Association(USGA)would approve their golf course as a legitimate eighteen-hole golf course that could be able to hold sanctioned golf tournaments. The best architects in the world, of which he named a few, Mr. McGetrick had showed them their concept. He noted the golf of today was different. A lot of nine-hole golf courses were being built that were a reversible nine. Mr. McGetrick believed Mr. Valeriano assembled a great team to have a fantastic golf course. More than the golf course, it would be a place to: 1) play golf at the golf course, 2) practice and learn golf with the practice facility, and 3)there would also be the clubhouse and amenities to enjoy the social aspects of golf. At the end of the day, Baytown would have one of the top facilities in the country with one of the first ever eighteen over nine golf courses. The following colleague of Mr. Valeriano to speak via Zoom was Mark Mattingly. Mr. Mattingly introduced himself as the operations side of Landscapes Unlimited and further discussed what those operations of his company entailed. Landscapes Unlimited Operations would be fully deployed at the project site to see to it that it came to life in the way it had been prepared in the proposal. Landscapes Unlimited was confident that there was a market need in the research they had done in the area using modeling and benchmarking within their company. Mr. Mattingly expressed they were comfortable with the feasibility of the project from an operations perspective. Mr. Mattingly further stated that on the line with him via Zoom were the members of the team that specialized in the execution and construction of the project, Jake Riekstins and Jack Morgan. Mr. Riekstins briefly shared the history of Landscapes Unlimited in building golf courses and their footprint in Texas and the Houston area. Their process with the golf course in Baytown had been to work with Mr. Buckton on the architectural side to come up with a schedule of values on an open-book,transparent, and cost-plus scenario. In terms of Mr. Mundinger's comments about cost per hole, Mr. Riekstins explained it was an iterative process where they had taken all things into account, retain what they could, and would build from there. (Zoom)Mr. Jack Morgan echoed Mr. Riekstins's point on their open-book and cost-plus approach with Mr. Buckton's group, as far as their engagement went. Landscapes Unlimited would work within a prescribed budget and would maximize those dollars to get under or at budget. Mr. Morgan noted that Landscapes Unlimited was dedicated to get the project on the ground at the best possible price and at the most efficient schedule by utilizing their best resources. Lastly, Mr. Morgan shared Landscapes Unlimited's many golf course projects and of their significant presence in Texas. Thus, the company was familiar with the marketplace. Landscapes Unlimited was set regionally in Texas with equipment, personnel, and a lot of resources in and around the Houston area. Mr. Morgan relayed Landscapes Unlimited was ready to get on the ground. In the interest of time, Mr. Valeriano finished up with a few comments of his own. In refence to the Strategic Plan mentioned in Agenda Item 3.a., Mr. Valeriano read out an initiative that coincided with their effort of building golfing amenities in the Evergreen Golf Course. Mr. Valeriano listed that a vote for yes would bring the following to Baytown: • An Eighteen-Hole, 6,200-Yard Golf Course; • Junior Golf Would Come Back to the Community; • Approximately an Excess of$100 Million in New Development to the South Side Overlay City Council Regular Meeting Minutes April 14,2022 Page 14 of 31 o Mr. Valeriano noted that Council had several Letters of Intent, so that was not something the developers had pulled out of thin air; • An Entertainment Hub for the New Hotel Convention Center; and • Provide hundreds of Jobs to the South Side of Baytown. Inadvertently, a vote for no would kill all the entertainment opportunities indefinitely that they could provide Baytown. Mr. Valeriano thanked Council and turned things over to his partner present at the meeting. Mr. David Hinkle thanked Council and relayed his background in retail development. Mr. Hinkle explained the process had begun by them working with the City on the golf course. He had shown Council and the city leadership of Baytown some of the things he had been involved in and introduced them to the city leaders of Oklahoma City, who had done a great job in their public- private program. Mr. Hinkle further detailed the tour he had given Baytown's City Council and city leadership of that retail development in Oklahoma City. On another note, Mr. Hinkle had met earlier that day with a big name in entertainment about an entertainment concept in Baytown. Regarding the proposed golf course of Baytown,he stressed that their company wanted to be there in Baytown. Economic Development was momentum-based, and Mr. Hinkle explained that on the south side—at that point in time—there was no momentum to speak of and the golf course would start that. In addition, Mr. Hinkle noted they had been in discussion with all the adjacent landowners. He addressed that he had been asked more than once for a master plan. He offered the example that one could not master a plan into their neighbor's yard to build a swimming pool because they did not own that. However, Mr. Hinkle could say that it was in their strong interest to not only develop the golf course,but also to be part of making Baytown a better community by offering some of the things that were presented in the presentation on Agenda Item 3.a., that being why they named their LLC, Build Baytown One. Mr. Hinkle discussed that they had invested an inordinate amount of time and energy, not just in the golf project itself,but trying to help craft a future for Baytown. Mr. Hinkle understood the questions about the golf course because it was different, but he noted there had been a lot of untruths. The developers had been working with city leadership to try to help Baytown move forward so, obviously, they wanted Council to vote yes because they wanted to be there. Mr. Hinkle assured they were not a couple of guys flying in, doing a deal, and then leaving town. He believed that the team Mr. Valeriano assembled from Landscape Unlimited were world-class and professionals at the top of the food chain when it came to the golfing industry. Mr. Hinkle ended on the note that Build Baytown One's goal was to build the golf course and then find ways to do other developments, such as: retail, entertainment, and food and beverage. Mayor Capetillo announced that had been all the individuals who had signed up to speak regarding this item and opened the floor to the Council Members,beginning with Council Member Lester of District 6. Council Member Lester spoke on the topic of the process of proposals. It had been difficult and, in some aspects, had been done backwards because typically, in a 380 Agreement, the developer would have come in stating what they would do and what they would want, and then, Council City Council Regular Meeting Minutes April 14,2022 Page 15 of 31 would have decided whether or not they would go for it. To Council Member Lester, the process with the golf course had been done with the developers stating they would come in and build a nine-hole that played eighteen/or an eighteen-hole course. Regarding the extra property, the developers would decide what to do with that later, but to trust them and give them $6 million; however, that did not settle well with Council Member Lester. So, since January, Council and the developers had been going back and forth to discuss and make changes to the 380 Agreement. That had been Council Member Lester's whole point, to get the 380 Agreement and the lease to be better for the city.The 380 Agreement,in his opinion,was at a 60/40 split between the developer and the City at that point in time. It could have been better,but at what point would the developer say it was not. Council Member Lester liked the comment that the course would be approved as an eighteen-hole. Whether it was an absolute eighteen, Council Member Lester wished to not get in to that argument. He additionally shared that he had received an equal amount of calls for and against a golf course. Those callers against the golf course transitioned their comments to "if it was not for an eighteen- hole golf course, then the answer was no" and also "if golf never came back, the better." Council Member Lester responded that could not be and they could not draw those hard lines. He had worked hard over the last few months, along with a couple of other members of the Council,to get the contract more equitable for the City. Council Member Lester relayed a few things that were added, such as: a performance matrix and clarification that any amenity beyond the golf course itself on what was left of the 105 acres had to be golf-related and approved by the city. Council Member Lester conveyed that changes had been made incrementally. It had gotten to the point for Council Member Lester that if the City wanted to have golf be an amenity for the Hotel Convention Center or not. If Council voted no on the deal, golf would go away. He noted $6 million was a lot of money; however, that was $6 million for a course somebody else would own and operate—even though it was the City's property. If there was a loss on an annual basis, the developers would absorb that loss, the City would not. If the City were to build an eighteen-hole golf course and operated it, the City would then absorb that loss. Council Member Lester did not know of any municipal course in their area that did not sustain a loss on an annual basis. In discussing what it would cost the City, the City would have to build back that loss every year. In their case, a private entity would absorb that loss. Council Member Lester assured Council listened to the people and that being why Council had delayed the golf course until that point in time. Council Member Lester would have liked to see options,but there was no appetite for it. So, again, should Council walk away from a potential deal? Council Member Lester stated he would wait until the vote to make his vote. Furthermore, in looking at the return on investment, the potential return would be a catalyst to stir something in the area. Council Member Lester had mentioned to Council that 99 would see significant activity, as they were already clearing some of the properties down there. He expressed frustration with the discord,but reiterated that the Council were listening. Council Member Lester relayed that they were doing the best they could. Council had carved out some of the properties as one of the biggest issues were the extra property that would not be used by the course,which again, that was different than a normal 380 because in a normal 380 everything had already been laid out. It had been a long process and had also been difficult for the developers. It all came down for Council Member Lester if the City wanted golf, or not. City Council Regular Meeting Minutes April 14,2022 Page 16 of 31 Mayor Pro Tern Presley, of District 2,proceeded to relay his thoughts and noted that from the very start,he thought the process had been done backwards and it was a poor process. Council appeared to be divided and Mayor Pro Tem Presley initially believed, by the crowded room, that the community was also divided; however, in sitting through the open sessions, Mayor Pro Tern Presley only knew of the Warfords that have said they were for the golf course. Every other voice, other than the developer, were not for it. Thus, Mayor Pro Tem Presley did not think the community was divided. He similarly expressed frustration that Council had been put in a tough position that Council did not have to be in. For Mayor Pro Tem Presley, all it took to rectify the situation was for four of the Council Members to vote no or to table it indefinitely which allowed the taxpayers and all the citizens that opposed the golf course the respect they deserved.In addition, Mayor Pro Tern Presley suggested to see what other options may exist and to possibly have the developers involved in that process. The question for Mayor Pro Tern Presley was why not pump the breaks and agreed there was nothing to lose by doing that. Mayor Pro Tem Presley noted Mayor Capetillo had previously mentioned that he was not opposed to looking at options. Council had heard that night,in reference to Mr. Mundinger's recommendation, that there may have been other options that could save the City millions of dollars. Mayor Pro Tern represented the lowest-income district in the City, and noted he did not have any calls saying they voted no and did not want golf.Mayor Pro Tern Presley did not think it was a good deal looking at it from a business perspective. He relayed he lived on Texas Avenue and the people he had met there and the people currently in the Council Chambers cared. Mayor Pro Tern Presley stated Council should listen and heed that. Nevertheless, he respected the developers as they did not call, lean on, or try to convince him of anything. With that, Mayor Pro Tern Presley made a personal plea to pump the breaks, and for the developer to be okay with that. Council Member Alvarado, of District 1, expressed her appreciation to those that showed up and spoke. She also recognized the people that preferred to call or email and whom Council, likewise, listened to. Council Member Alvarado discussed that a year ago she had been told about a Regional/Urban Design Assistance Team (RUDAT) Report that the City had conducted in 1990. The report had stated that Baytown was underutilizing its waterways and granted, since the report, the City had moved tremendously forward. Council Member Alvarado accredited that to her predecessors because the City was where it was because of the report. She proceeded to recite a few quotes from the report about working together and the willingness to spend money for the future of Baytown. One of the questions Council Member Alvarado was asked by some of her residents, was if the golf course would be eco-friendly. Council Member Alvarado researched and found on Golf Digest that environmentally friendly golf courses were the wave of the future. She had asked the City Manager if they should put something in to the agreement that ensured the developers created an eco-friendly golf course being that it was so close to their waterways. Mr. Davis had responded they did not need to put it in the contract,but that they could look at that during the design phase. Council Member Alvarado asserted that was something she would be keeping an eye on should the measure pass. She also addressed the comments about the golf course being unique and one of a kind since every business began with an idea. She related the situation with the business owners in the audience who were probably told their idea would not work. The City of Baytown was beginning with an idea. Council Member Alvarado had heard those mix reviews of yesses and City Council Regular Meeting Minutes April 14,2022 Page 17 of 31 nos. At the end of the day, it was Council's goal was to create and foster economic development in an area that had not had it and had been asking for it since 1990. Council Member Johnson of District 3 expressed his appreciation to everyone that came out that night, especially, Mr. Theiss and Mr. Schirmbeck of his district. Council Member Johnson was very appreciative of their concern as the golf course was far away from their district. In his interactions with the citizens of his district, Council Member Johnson noted one of their main concerns was safety. In the developers' first presentation, they had stated the greens were going to be twice the size of the average golf course. Also, Council Member Johnson went ahead and searched the statistics of people getting hit by golf balls and noted that less than 1%of individuals who played golf were hit by golf balls, and an even smaller number were killed. Council Member Johnson assured that was not a joke as he had questions about if the City were to get sued in such an event. Another aspect that was brought to Council Member Johnson's attention, was the opportunity to bring golf back not for the older people,but for the children. Council Member Johnson shared that his son wanted to play golf, and so he had taken him to the golf course up on I-10. In asking some constituents and friends about their experiences, it had struck a chord with Council Member Johnson on how their children were being treated on that golf course and did not want to subject their children to that type of treatment, thus, Baytown needed a golf course. Council Member Johnson had heard the developers and trained professionals. Five of the Top 100 golf courses the developers had a part in. Council Member Johnson addressed the image of the City and noted Baytown had a bad reputation on the outside as well as the inside with misinformation being dispersed. The golf course was an opportunity to bring something new and different to Baytown that was being offered to them.Baytown had an opportunity for development. Council Member Johnson could not recall a time Baytown had a developer wanting to come in and do anything south of 146. Again, Council Member Johnson reiterated Baytown had an opportunity at this time, and he did not know if they would get that opportunity again. Likewise, Council Member Johnson discussed about working together and coming in to an agreement. Studies showed years ago that everyone wanted a golf course. When it came to answering the question about taking their time,he noted Council had been talking for roughly five or six months on this proposal and did not think Council had taken that much time on any topic aside from the Hotel Convention Center. Council Member Johnson hoped the golf course would coincide with the opening of the Hotel Convention Center. In regards to the term "gimmick" being thrown around, Council Member Johnson relayed the definition of gimmick was a trick to bring attention to. Council Member Johnson did not believe they had trained professionals trying to trick them into something as new was not always bad. In regards to it being traditional, there would be tee boxes, fairways, greens, and a hole, and he believed that was pretty traditional. He then addressed the number of holes. When golf started, there were nine-hole courses. Looking at the research, courses were going back to less than eighteen because people did not want to spend five hours on a golf course. The concept for Baytown's golf course would be rated as an eighteen-hole golf course,but people could play nine and go home. Furthermore, Council Member Johnson commented that he liked the family aspect of the golf course. City Council Regular Meeting Minutes April 14,2022 Page 18 of 31 Council Member Johnson hoped Council could come to an agreement,and that the misinformation would cease as that was not something the City should be about, keeping in mind Baytown's image. Council Member Johnson discussed the differences between truth and fact in that truth was relative to the person, their perception, and their opinion and they should be speaking on facts. A fact was that the golf course would cost the City$6 million. However, it was a matter of opinion if someone were to think it was too much—in fact,that was something Council had been debating. As Council Member Lester had said, Council was listening. Council Member Johnson applauded the Council for getting the agreement worked out to where it was more favorable for the City. Council Member Betancourth of District 4 expressed that the course design had never been an issue for her as she could have gone either way with the traditional eighteen or the new design. However, the deal had always been with the details of the 380 Agreement. From the very beginning, Council Member Betancourth believed the forty-year land lease and the twenty-year tax free was an excellent incentive to build any development. She was stumped on why the $6 million needed to be added on top of that. Council Member Betancourth had recommended to recruit some financial partnership with the school district as they had always expressed that a golf course was a need for Baytown—whereas,for them as a city,it had just been a want for the citizens. When the opportunity came up, Council Member Betancourth hoped for that financial partnership and was disappointed it did not come in to fruition by that night. The big thing Council Member Betancourth kept hearing was that it was not about the golf course, but that it was a catalyst for $100 million in new development south of 146. Citizens had asked what would be in it for them and what would be the revenue and she replied if that new development came in to fruition, that would be the revenue. The question was, because none of that new development was in the contract, did Council trust the developers to deliver on what was just a promise. Did Council think that$6 million,plus the land value, was worth that development being if it did come in to fruition. Council Member Betancourth addressed the developers and believed they were reputable. She was disappointed to hear the developers say that if it did not pass, it would kill development by them indefinitely in Baytown because she believed the developers did have a place there. The particular issue,or property,was contentions,but there were so many other opportunities in the case the golf course did not go through. Council Member Betancourth hoped the developers would reconsider that. Council Member Betancourth was voting on what was in the 380 Agreement and all that was in it, was the golf course. The last thing Council Member Betancourth wanted to mention was of the misinformation. There were rumors, innuendos, and flat-out lies passed out as facts. Council Member Betancourth was fully confident in their Request for Proposal (RFP) process and had no doubt that any Council Member would personally gain from the development whatsoever. The innuendos that Council was pushing the golf course through for personal gain was offensive to her. Council Member Powell of District 5 relayed that he had reached out to citizens who similarly stood in the middle. Unfortunately, every single citizen he reached out to replied that they were on the fence,however,he would have to fall off the fence one way or the other.The golf course itself was not a make-or-break type point for him. With the nine that played eighteen, Council Member City Council Regular Meeting Minutes April 14,2022 Page 19 of 31 Powell believed that would work. As Council Member Betancourth mentioned, it came down to the deal. Council Member Powell believed the $6 million was a substantial amount of money to give out on the front end of a contract. He noted most of their 380 agreements had some other way to give that back to developers farther along in the process through sales tax incentives or something having to do with ad valorem. Council Member Powell heard from residents, as well, having hesitations on giving out that much cash on the front end of the deal on an unproven concept. Whether it was believed it would work or not, the concept was the first of its kind and unproven in that regard. Council Member Powell quoted a pastor who lived in the Evergreen Fairways that said, "You cannot want to do something so badly that you do it badly." Council Member Powell believed the City had and the process had moved very quickly. Up until that night, he noted Council was still talking about tweaks in the lease. Council Member Powell believed it all had been a bit fast and that there were more discussions Council could have to make it a better deal for the city. Mayor Capetillo then shared his perspective and noted he had been on Council when the golf bill took place a few years ago, and many in the room had been contacting him for years. Mayor Capetillo relayed there were two things he would discuss. One was golf since at one time,Baytown had two eighteen-hole golf courses and at the present moment, Baytown did not have any. For years, people like Mr. Theiss had called asking what he would do to bring golf back to Baytown. Mayor Capetillo believed golf was an amenity a city their size needed to have. He noted Mr. Walters was in real estate and understood that an amenity brought value to Evergreen Fairways, the south side of town, and the entire community. In response to the golfers questioning what it would take to bring back golf, Mayor Capetillo believed offering the Hyatt Regency an amenity of golf was very much needed. What had taken place after they broke ground on the Hyatt Regency, Mayor Capetillo wanted to talk golf because he believed it would be a game-changer. What occurred last November,was that a developer came forth with a concept. When they toured the city, they realized, as said by Council Member Alvarado and others, Baytown did not take advantage of their waterfrontage and there was an opportunity in front of them by the developers. Furthermore, Mayor Capetillo did not wish to debate what nine or eighteen holes looked like. The Mayor would leave that to the experts that were on Zoom call earlier that stated it would be a sanctioned eighteen-hole golf course by the United States Golf Association(USGA), and that meant something to Mayor Capetillo. Mayor Capetillo noted that many of the previous citizen speakers lived at Evergreen, who relayed that their biggest concern was that they were told multifamily apartments would come right in front of their neighborhood. It was misinformation that had been disseminated. Mayor Capetillo commented that many things had been said and printed in the local paper was wrong,and anybody that operated irresponsibly like that had lost his respect.Nevertheless,Mayor Capetillo still needed to govern as a mayor and look at everything that the citizens had told him throughout the years. What happened since then was that the City had a proposal. Somebody had looked at the acreage and put their experts together. Experts who had developed courses like Torrey Pines and four of the Top 200 golf courses in the world—that was the team Council was looking at. Mayor Capetillo did value the speakers' opinion as citizens on everything and even if he were to disagree, he did value it. However, Mayor Capetillo stated he had to rely on the experts on any decision he made. • City Council Regular Meeting Minutes April 14,2022 Page 20 of 31 When it came to the number one developer in Texas for golf, that meant something to him in a decision-making authority. Setting golf aside, Mayor Capetillo believed they had solved and mitigated the issue with the apartments that were not going to come to the Evergreen Fairways. Also,the 12.5 acres were taken out of the agreement, as previously stated by Council Member Lester. That property would be the City's responsibility, and Mayor Capetillo stated there was no development in its future regarding the discussion that day. In looking at the bigger picture, Mayor Capetillo restated that the golf course was more than golf. Mayor Capetillo had visited Mr. Hinkle's retail center in Oklahoma City, and as a result he believed a lot of great things could come to Baytown. He recognized the former Council Members in the audience: Mr. Hoskins,Mr. Himsel,Mr. McCartney,and former mayor Mr. Mundinger.The one thing all Council Members heard were people asking why Baytown did not have certain things and he believed that was due to nobody knocking at their door. The other reason was if Council and the community were able to be innovative and welcome good developers that knocked at their door, were they able to put aside their personal preferences on how to play golf.? Were they able to listen to the experts, value their citizens, and move forward with something? Mayor Capetillo stated that if he could ask Mr. Hinkle to guarantee $100 million in development, he would have loved to put that in the contract,but unfortunately, that was not how that worked. Mayor Capetillo reiterated the City did not have certain things because people had not been knocking at their door, or, those that had knocked did not have the resources. When looking at all of those pieces of the puzzle that would help Baytown progress, Mayor Capetillo had to trust that the developers could make some of that happen. Mayor Capetillo wished to respect all the individuals that lived in Evergreen as he had been protective of them along with Council Member Lester. The neighborhood was still something Council wanted to respect. However, Mayor Capetillo noted there was a golf course there before and everybody seemed to be happy then. In fact, a friend of Mayor Capetillo had moved to Evergreen in hopes that golf would return. He assured he had heard all the calls from the individuals in that area. Likewise, Mayor Capetillo took a moment to address the citizens that had called him and Council Member Alvarado regarding the Alexander Corridor. Council hoped with 99, the Hyatt Regency, the developers, and a golf course would make that development happen. With fiscal responsibility, Mayor Capetillo noted he had to listen to the experts at the end of the day. Mayor Capetillo then gave the statement that he was glad the vote that had taken place a few years ago about an eighteen-hole golf course had failed, the reason being that the proposed golf course was actually a better product for the Hyatt Regency and for the citizens. It was a sanctioned, eighteen-hole golf course that would be a public course on a municipal property and the developers would be responsible for the maintenance and operations. If citizens wanted an eighteen-hole golf course, the City would have to dig in deep pockets that they did not have for that particular type of amenity. Mayor Capetillo addressed the comments regarding the land in that there was no land to go and put eighteen holes on, and noted the developers went and recruited the experts to do the best they could on 105 acres. Mayor Capetillo was hopeful and trustful that the developers would do what they had said if the item passed. He believed Baytown was a great place for them to invest. When it came to the golf City Council Regular Meeting Minutes April 14,2022 Page 21 of 31 course itself, Mayor Capetillo stated the renderings had been out there and Council had to make a decision on what they wanted Baytown to look like. The information Mayor Capetillo had was to rely on the experts to go and move the golf course forward. Mayor Capetillo respected everybody's input and opinions, and further expressed his dislike for the divisiveness of the golf course. The reason Mayor Capetillo gave his earlier statement on being glad that the golf course failed was because of the operation cost since the $6 million would be nothing compared to if the City went to a traditional eighteen-hole golf course and operate it with someone else. For Mayor Capetillo, the investment of$6 million was for an amenity and the development that would take place. Mayor Capetillo wished he could share the opportunities of some of the things that could come to Baytown that he hoped came in to fruition. In the end, he trusted Mr. Hinkle and Mr. Valeriano. With that concluding all comments, Council did not see a reason to go in to an Executive Session. Before Mayor Capetillo conducted a roll call vote, Mayor Pro Tern Presley had one last question over the patent-pending status over the product. Mayor Pro Tem Presley noted he did not need to see it himself, but he asked whether the Interim City Attorney or the City Manager had seen the patent application or the patent-pending status as he did not want the City to be liable for infringement or anything like that. It was noted that Mr. Fanning nor Mr. Davis had seen such documents and Mayor Pro Tem Presley believed that could be a problem. Mr. Hinkle responded there had been a lot of questions about the business model and about the intellectual property—of which they had disclosed what they had up to date and within reason. However, Mr. Hinkle noted the patent process and how that impacted the agreement were mutually exclusive. He was not sure why Mayor Pro Tern Presley inquired about patent protection as it was not relevant to the business transaction. Mayor Pro Tern Presley believed that was a matter of opinion. Mayor Capetillo clarified that the patent was the developers' worry if anybody were to replicate their concept, the risk was on the developer and irrelevant to the City. Mayor Capetillo then recited the contents of Item 12.a. for the purpose of entertaining a motion. Before the vote, Mayor Capetillo asked Council Member Lester to share the controls that made a more equitable type of agreement. As other Council Members had indicated, it had been the 380 Agreement all along for Council Member Lester rather than the golf course itself. The controls added to the agreement, as relayed by Council Member Lester, were the following: • Clarified that any other amenity other than the course had to be golf-related or golf- entertainment-related—of which, Council had the ability to review and approve. • Shortened the ad valorem from the full 40 down to 20. • For any buildings built, at the end of the lease it would revert back to the City. If they were to go out of business, it would also revert back to the City. • Carved out the 12.5 acres right along Evergreen for concerned residents. With that, Council Member Lester moved that Council approve the current 380 Agreement as discussed in the Executive Session. City Council Regular Meeting Minutes April 14,2022 Page 22 of 31 However, Mayor Capetillo wanted to note that the golf course measured 6,210 yards and another control Council had looked at was that the course could not be reduced by more than 10%, so at this time he asked whether that would be acceptable to the developers, and Mr. Valeriano agreed. Thus, the agreement and operation would include 6,210 yards—no less, and it could never be reduced. Also, Council wanted to put some kind of performance metrics or measures where after five years of operation,the City would average that round of golf play. Mayor Capetillo explained Council was trying to put everything they could in place that would add more control to make sure the developers were being held accountable for the golf course. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,062, related to Item 12.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, and Council Member Mike Lester Nays: Mayor Pro Tem Chris Presley, Council Member Heather Betancourth, and Council Member Jacob Powell Approved ORDINANCE NO. 15,062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH BUILD BAYTOWN I, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance accepting the bid of Miramar Properties, LLC, and authorizing the lease of approximately 117.12 acres of land situated in the William Scott Lower League, Abstract No. 65, Harris County, Texas, to Build Baytown I, LLC, for the development and operation of a public golf course. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,063, related to Item 12.b. However, there was discussion prior to the vote. Interim City Attorney Trevor Fanning took a moment to clarify the motion was for the reduced amount and not for the one on the record. Mayor Capetillo concurred it was that information which the agreement would reflect that yard at 6,210. With no further question or comments, Mayor Capetillo proceeded with a roll call vote. The vote for the motion on the table was as follows: City Council Regular Meeting Minutes April 14,2022 Page 23 of 31 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, and Council Member Mike Lester Nays: Mayor Pro Tern Chris Presley, Council Member Heather Betancourth, and Council Member Jacob Powell Approved ORDINANCE NO. 15,063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MIRAMAR PROPERTIES, LLC; AUTHORIZING THE LEASE OF APPROXIMATELY 105.9171 ACRES OF LAND SITUATED IN THE WILLIAM SCOTT LOWER LEAGUE,ABSTRACT NO. 65,HARRIS COUNTY,TEXAS,TO BUILD BAYTOWN I, LLC, FOR THE DEVELOPMENT AND OPERATION OF A PUBLIC GOLF COURSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Following Item 12.b., Mayor Capetillo returned to the regular order of the agenda with Item 4.a. 4. PROPOSED ANNEXATION OF APPROXIMATELY 18.95 ACRES OF LAND GENERALLY LOCATED SOUTH OF IH-10 AND EAST OF THOMPSON ROAD a. Conduct a second public hearing regarding the proposed annexation of approximately 18.95 acres of privately-owned land located generally south of Interstate 10 and east of Thompson Road. Planning and Development Director Martin Scribner summarized the subject matter of the hearing and noted the proposed annexation was for a property that was approximately 19 acres at I-10 and Thompson Road, It would also go through the rezoning process to Light Industrial, which the hearing was part of that process. At 10:42 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of approximately 18.95 acres of privately-owned land located generally south of I-10 and east of Thompson Road. Mayor Capetillo noted there was an individual that had signed to speak. However, Mr. Nick Pontikes had nothing more to add on the proposed annexation. With there being no one else signed up to speak, Mayor Capetillo closed the public hearing at 10:42 P.M., regarding the proposed annexation of approximately 18.95 acres of privately-owned land located generally south of Interstate 10 and east of Thompson Road. 5. PROPOSED RESOLUTIONS a. Consider a resolution to establish a City of Baytown Naming Policy for City Parks, Roadways,Trails, and Facilities. City Council Regular Meeting Minutes April 14,2022 Page 24 of 31 A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to table Agenda Item 5.a. to the City Council Meeting on April 28, 2022. However, there was discussion prior to the vote. Mayor Capetillo commented that he believed the item would have good discussion and City Manager Rick Davis added that he appreciated the feedback he had received from Council. 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 Nays: None Approved 6. DISCUSSIONS a. Receive and Discuss a presentation on Comprehensive Plan 2040. Mayor Capetillo expressed desire of moving the item to a future meeting; however, Planning and Development Services Director Martin Scribner interjected by stating that Ms. Meredith Dang, their consultant, had sat waiting for hours for a second time. Thus, Mr. Scribner respectfully requested Council give her fifteen minutes. Mayor Capetillo agreed and asked for a 3-minute recess for himself. At 10:44 P.M., Mayor Capetillo stepped out of the meeting and Mayor Pro Tem Presley presided the meeting. Mr. Scribner noted that over the next month the Comprehensive Plan would be brought back for adoption and staff wanted to make sure Council understood how the plan was organized and how they got to where they were at. Staff wished Council to take some time and go over the document and if Council had any questions, staff would be available. Mr. Scribner additionally offered Council one-on-one time to go through the document as staff felt the Comprehensive Plan was important enough to warrant that kind of attention. He reminded Council that the City only got to amend the plan ever few years and staff wanted to make sure Council felt it was concurrent with the Strategic Plan, and all other related plans. Ms. Meredith Dang introduced herself as a Practice Leader of Community Training at Kendig Keast Collaborative ("KKC"), who had been assisting the City in developing the Comprehensive Plan. She explained the Comprehensive Plan was a twenty-year, long-range plan looking out to the year 2040. It touched on land use, infrastructure, housing and neighborhoods, economic development, Parks and Recreation, and all other sort of things that the city dealt with every day. City Council Regular Meeting Minutes April 14,2022 Page 25 of 31 It was a policy and guidance document that provided the legal basis for the city's land development regulations. She noted that KKC and city staff had been working on those plans since January of last year. They had gone through multiple different phases and were now nearing the plan's finalization stage. Throughout the process, Ms. Dang informed Council that KKC and city staff had been engaging the community. She thanked the members of the Comprehensive Plan Advisory Committee, the public, and stakeholders that came up to the various listening sessions, townhalls, open-houses, surveys, community events, and also provided feedback through Baytown Engage. Ms. Dang shared KKC and city staff also held an art contest last summer. Since the plan looked out to the year 2040, it was really for Baytown's youth. They had asked the youth to image what Baytown would look like in the year 2040. The art generated had become the cover of each of the plan's sections. Ms. Dang displayed the art and the sections they covered via a PowerPoint presentation. As alluded to before, the sections were on growth capacity, land use and development, housing and neighborhoods, transportation, economic development, and recreation and amenities. The plan started with the existing conditions in Baytown. In each of the topic areas, there was information about what those topic areas were like in Baytown at the present moment and a series of demographic data. The plan had recommendations organized by the top priorities that had been presented to Council last fall. Ms. Dang noted the priorities were concurrent with the Strategic Plan. In the Future City section, KKC and city staff tried to integrate the feedback and quotes from residents as much as possible throughout the document. The plan had a matrix that summarized all the recommendation in each section. The matrix detailed if the recommendation was a short, medium, or long-term initiative. It then proposed action leaders as well as partners. Each recommendation had specific details and best practices that provided more background information on the different topics. Ms. Dang noted the plan was online and they were in the process of linking all the different plans in hopes to make it very accessible. Ms. Dang stated the land use map was an important part of all Comprehensive Plans. The future land use map was different than a zoning map as it was not parcel-based. It was a more generalized development pattern that showed the desired,or expected, land uses in the future.There were eight different land use categories ranging from rural to industrial. Each of those had information about the land use types found in that category as well as location criteria. Ms. Dang displayed an image of what the draft map looked like. While Ms. Dang did not go in to further detail, she requested Council to take a look and to let them know if they saw anything. She reiterated the plan was still in its draft phase, so the map could still be updated. Ms. Dang went on to discuss the uses of the Comprehensive Plan. It was a guidance document that Council and city staff would use during normal processes, such as: budgeting, capital projects planning, grand pursuits, etc. For example, the Planning and Zoning Commission used the land use map during re-zoning subdivision applications. City Council Regular Meeting Minutes April 14,2022 Page 26 of 31 Once the plan was adopted, any of the recommendations would require additional action by Council. Since it was not a regulatory document, recommendations moved forward through ordinances, budgeting, etc. Ms. Dang stated there were over a hundred recommendations in the plan, so the presentation wiggled it down to the top twenty. Over the past month, KKC and city staff hosted an open house in the Sterling Municipal Library where citizens came out and voted for their top three. Ms. Dang did not go through all those action agenda priorities, but did list a few. The priorities Ms. Dang listed were the following: • Updating the Unified Land Development Code • Working on Storm Water Detention • Revitalizing and Protecting Older Established Neighborhoods • Looking at Congestion Mitigation Programs, Key Intersections, and Traffic Flow • Protecting Large Trees and Using Low Maintenance Landscaping • Looking at Revitalizing Commercial Corridors Beyond the Council Meeting that night, city staff and KKC wrapped up their open-house and public online commenting period. They were working on finalizing the public hearing draft that would be taken to the Planning and Zoning Commission in May, and then later given to Council in their late May meeting. Ms. Dang restated the plan was online and would love any comments from Council. With that, she thanked Council and welcomed any questions or comments. At 10:51 P.M., Mayor Capetillo returned to the meeting. Council Member Powell thanked Ms. Dang for her patience in waiting to present at the meeting. City Manager Rick Davis also thanked Ms. Dang and her group and the City's Planning staff. Mr. Davis noted the amount of work that went in to the plan and how closely it was tied to the community-based Strategic Plan. The Comprehensive Plan stretched out that five-year Strategic Plan out even further to eighteen years. Mr. Davis thanked Principal Planning Manager Francesca Linder in the audience for her work as well. 7. CONSENT A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Charles Johnson to approve Consent Agenda Items 7.a.through 7.m.,with the exception of Items 7.a., 7.b., and 7.k. that were pulled from the agenda. 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 Approved City Council Regular Meeting Minutes April 14,2022 Page 27 of 31 a. Consider an ordinance authorizing the First Amendment to the Agreement for On- Call Construction Management Services with Freese and Nichols, Inc., for the City of Baytown CIP projects. Item was pulled from the agenda. b. Consider an ordinance authorizing an Interlocal Agreement with Harris County Transit Authority for the Baytown Sidewalk Improvements Project Phase II. Item was pulled from the agenda by staff. c. Consider an ordinance authorizing a Professional Services Agreement with Kimley- Horn and Associates, Inc., for the Wayne Gray Sports Complex, Turf and Parking Improvements Project Preliminary Engineering Report. ORDINANCE NO. 15,064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR PRELIMINARY DESIGN SERVICES FOR THE WAYNE GRAY SPORTS COMPLEX, TURF AND PARKING IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-FOUR THOUSAND AND NO/100 DOLLARS ($144,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Wood Grinding and Material Handling Services Contract with Novus Wood Group, LP. ORDINANCE NO. 15,065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT WITH NOVUS WOOD GROUP, L.P., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FOUR HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($460,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the fourth renewal of the Annual Roll-Off Container Services Contract with Sprint Waste of Texas, LP. ORDINANCE NO. 15,066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL ROLL-OFF CONTAINER SERVICES City Council Regular Meeting Minutes April 14,2022 Page 28 of 31 CONTRACT WITH SPRINT WASTE OF TEXAS, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THREE HUNDRED SEVENTY-NINE THOUSAND SIX HUNDRED FIFTY-THREE AND 25/100 DOLLARS ($379,653.25); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the renewal of the Annual Concrete Aggregate Contract with Smart Materials, Inc. ORDINANCE NO. 15,067. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF SMART MATERIALS, INC., FOR THE ANNUAL CONCRETE AGGREGATE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the first renewal of the Annual Nuisance Abatement Mowing Contract with McLemore Building Maintenance, Inc., and Hydrozone Landscape Corporation. ORDINANCE NO. 15,068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL NUISANCE ABATEMENT MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND HYDROZONE LANDSCAPE CORPORATION, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF TWO HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($275,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance approving the renovation of the spiral concrete walkway leading to the Brownwood Educational Pavilion at the Baytown Nature Center with Kraftsman Commercial Playgrounds and Water Parks through the Texas Local Government Purchasing Cooperative (Buyboard). ORDINANCE NO. 15,069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY- SIX THOUSAND SIX HUNDRED SIXTEEN AND NO/100 DOLLARS ($176,616.00) TO KRAFTSMAN COMMERCIAL PLAYGROUNDS and WATER PARKS, THROUGH THE TEXAS LOCAL GOVERNMENT City Council Regular Meeting Minutes April 14,2022 Page 29 of 31 PURCHASING COOPERATIVE(BUY BOARD),FOR THE RENOVATION OF THE SPIRAL CONCRETE WALKWAY LEADING TO THE BROWNWOOD EDUCATIONAL PAVILION AT THE BAYTOWN NATURE CENTER FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing Year 2 of the three-year agreement for the purchase of ArcGIS Enterprise License Agreement (ELA) from Environmental Systems Research Institute, Inc. ORDINANCE NO. 15,070 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING YEAR 2 OF THE THREE-YEAR AGREEMENT FOR THE PURCHASE OF ARCGIS ENTERPRISE LICENSE AGREEMENT (ELA) FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing payment to Tyler Technologies for EnerGov end user licenses, annual support of the Community Development suite, development of custom reports, and data conversion services. ORDINANCE NO. 15,071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINETY-SIX THOUSAND FOURTEEN AND NO/100 DOLLARS ($196,014.00) TO TYLER TECHNOLOGIES FOR THE PURCHASE OF ENERGOV END USER LICENSES, ANNUAL SUPPORT OF THE COMMUNITY DEVELOPMENTS SUITE, DEVELOPMENT OF CUSTOM REPORTS, AND DATA CONVERSION SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the sole source purchase of two (2) EOD 10 Bomb Suit Ensembles,two(2)EOD 10 Face Shield Kits,and two(2)EOD 10 Helmet Packages from Med-Eng, LLC, using UASI grant funds for the Police Department. Item was pulled from the agenda by staff. 1. Consider an ordinance authorizing the sole source purchase of a Digital X-ray System from Logos Imaging LLC, using UASI grant funds for the Police Department Bomb Squad. City Council Regular Meeting Minutes April 14,2022 Page 30 of 31 ORDINANCE NO. 15,072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-ONE AND 72/100 DOLLARS ($75,721.72) TO LOGOS IMAGING LLC FOR THE SOLE-SOURCE PURCHASE OF A DIGITAL X-RAY SYSTEM FOR THE POLICE DEPARTMENT BOMB SQUAD; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance for the purchase of the Annual Law Enforcement Foundation Subscription services from TIBCO Software Federal, Inc., a sole source provider. ORDINANCE NO. 15,073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE SUM OF EIGHTY-FOUR THOUSAND FOUR HUNDRED EIGHTY AND 78/100 DOLLARS($84,480.78) TO TIBCO SOFTWARE FEDERAL, INC., FOR THE SOLE-SOURCE PURCHASE OF PROFESSIONAL SERVICES FOR THE MONITORING AND INTEGRATION OF THE AUTOMATIC LICENSE PLATE READER SYSTEM FOR YEAR ONE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider two (2) appointments to the Baytown Housing Authority. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Chris Presley to reappoint Ms. Grace Coronado and Ms. Fran Parent as Citizen Commissioners to the Baytown Housing Authority. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved b. Consider one (1) appointment to the Baytown Fire Control, Prevention, and Emergency Medical Services District(FCPEMSD) board. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to appoint Mr. Preet Singh as the District 3 At-Large appointment for an unexpired term to expire August 31, 2023, on the FCPEMSD Board. The vote was as follows: City Council Regular Meeting Minutes April 14,2022 Page 31 of 31 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved 9. MANAGER'S REPORT City Manager Rick Davis noted he did not have anything to discuss at this time. 10. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Charles Johnson as it relates to Council District No. Three. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to suspend Agenda Item 10.a. until the City Council Meeting on April 28, 2022. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved With Agenda Items 11.a., 12.a., and 12.b. having been considered prior to Item 4.a., Mayor Capetillo proceeded to Agenda Item 13. 13. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the April 14, 2022, City Council Regular Meeting at 10:55 P.M. gpYTO bqi� , cp Angela Jac son, City Clerk *r C` P City of Baytown tS�: \� � T P•nmra:,=m