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2022 05 26 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 26, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, May 26, 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 John Stringer Sergeant at Arms Angela Jackson City Clerk Mayor Capetillo convened the May 26, 2022, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Mayor Pro Tern Chris Presley, who later arrived at 6:31 P.M. The Pledge of Allegiance,Texas Pledge,and Invocation were led by Council Member Mike Lester. 1. MINUTES A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson to approve the Agenda Minutes Items l.a. and 1.b. together, 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 a. Consider approving the minutes of the City Council Retreat held on April 1, 2022. b. Consider approving the minutes of the City Council Work Session and Regular Meeting held on April 28, 2022. City Council Regular Meeting Minutes May 26,2022 Page 2 of 33 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Presentation of the Life Saving Award to Detective Haley Hammes by the Chief of Police. Police Chief John Stringer presented the Life Saving Award to Detective Haley Hammes. Chief Stringer read the citation that stated on Monday, April 3, 2017, an officer was shot at 703 West Baker Street. Officer Hammes responded and drove her vehicle without hesitation to the mortally wounded Assistant Chief Deputy Clint Greenwood. Footage from her body cam displayed Officer Hammes' continued situational awareness and leadership as she directed the other officers on how to help and what to do. Chief Stringer noted that given the shooter had not been identified, the police had no idea where the shots were coming from. There was still a present danger to all involved. At the same time, Officer Hammes coordinated the movement of Chief Deputy Greenwood for his extraction. She drew upon her paramedic skills to immediately render aid while taking steps to get Chief Deputy Greenwood out of the danger area. She transported him to a higher level of emergency care and continuously encouraged the profusely bleeding Chief Deputy Greenwood. Officer Hames once again took charge and led the effort of transferring Chief Deputy Greenwood to the fully equipped ambulance where the paramedics then took over the effort to save his life. She continued her exemplary actions once Chief Deputy Greenwood was being cared for by thinking to secure his firearm and clear it for safety. Once packaging the weapon for transport, she returned to the ambush site and was prepared to engage in the manhunt or post the perimeter position as needed. Unfortunately,despite the herculean efforts of Officer Hammes, Chief Deputy Greenwood succumbed to his wounds and died later that day. Chief Stringer commended Detective Hammes and proceeded to present her the Life Saving Award. Detective Hammes received a standing ovation and took a photo with her daughters and the Police Chief. b. Recognize the Youth Advisory Commission participants. Library Director Jamie Eustace introduced Community Engagement Manager Sabrina Martin and Teen Librarian Catherine Beverly who would introduce to Council the teens of the Baytown's Youth Advisory Commission ("YAC"). Ms. Martin informed Council that their YAC got to be a focus group for the City of Baytown's Strategic Plan and Comprehensive Plan. They also planned an event with Parks and Recreation, and also met with several city departments and Council Members to learn more about local government. Ms. Beverly than proceeded to name each of the YAC participants as the following: • Selena Bernardez • Crystal Beroo • Ravleen Gill • Giselle Lopez • Fabiola Gonzalez • Abrianna Mullin City Council Regular Meeting Minutes May 26,2022 Page 3 of 33 • Fabian Cienfuegos • Nathan Malonson • Alondra Santibanez • Maxx Perez • Nicholas Garza • Marbella Reyes After recognizing each individual of the YAC, the participants took photos with Council. c. Recognize the members of City Council who attended the Fire Ops 101 Training. Fire Chief Kenneth Dobson presented the item and stated that recently the Fire Department and Fire Union partnered together to provide the Fire Ops 101 Training. Fire Union President Dallas Webb was there to play a video and present the certificates to the participating Council Members. The video showed Mayor Capetillo, Council Member Alvarado, Council Member Powell, and Council Member Lester partaking in the Fire Ops 101 training class. Mr. Webb thanked everybody that attended and shared that they planned to try to do that again as it was very educational to the elected officials. He presented Mayor Capetillo, Council Member Alvarado, Council Member Powell, and Council Member Lester Certificates of Completion. d. Mr. Wayne Dolcefino with Dolcefmo Consulting has requested to appear before the City Council to discuss enforcement of the City's Sexually Oriented Business Ordinance. Mr. Dolcefino introduced himself as an investigative journalist in the area for about forty years. He had been impressed with the cooperation and his relationship with Baytown—however, that had changed. Mr. Dolcefino expressed his disappointment in Mayor Capetillo and wished to discuss the Sexually Oriented Business Ordinance, secrecy, and a Bed and Breakfast. On Sjolander Road, there was a place that claimed to be a Bed and Breakfast called the Swan Mansion. In order to stay at their Bed and Breakfast, an individual would have to join a private club, sign a nondisclosure agreement, pay money, and go to a website. Mr. Dolcefino suggested the website would be inappropriate to show, but he had sent it to Mayor Capetillo about three or four months ago. He had also sent a complete investigative file from Mr. Dolcefino's news organization about the Swan Mansion. He noted that next door to the Swan Mansion was a women's center called the Grace Women's Center. The Swan Mansion stated publicly that they solicited the patients that go to the center to join their evening entertainment. Mr. Dolcefino questioned why Baytown staff and elected officials refused to talk, call them back, nor ask his organization to send information. Even though his organization sent information, he asked why the City did not want to talk about it. Mr. Dolcefino presumed there was a "big shot" present at the meeting that had a membership to the Swan Manion that he believed was a swinger club. He stated it was an adult encounter parlor that violated Baytown's Sexually Oriented Business Ordinance. Mr. Dolcefino announced that his organization had done surveillance and had investigated the ownership of license plate numbers. The organization had received a number of calls after many Baytown residents watched their video on the matter. Mr. Dolcefino expressed his frustration in not being able to get the City administration to talk, answer questions, nor return a phone call. He City Council Regular Meeting Minutes May 26,2022 Page 4 of 33 relayed that callers had told his organization that there was some kind of relationship between the City and the polygamist that ran the Swan Mansion. Mr. Dolcefino ended on the note that they were not going away and encouraged citizens to contact his organization, Dolcefino Consulting. 3. COMPREHENSIVE PLAN 2040 a. Conduct a public hearing concerning the Comprehensive Plan 2040. At 6:53 P.M., Mayor Capetillo opened the public hearing concerning the Comprehensive Plan 2040. Principal Planning Manager Francesca Linder was there to present to Council the Comprehensive Plan 2040 for adoption. Council originally signed a contract back in March 2020; however, the City had to pivot to a more digital approach. Their process commenced in January of 2021, and for the past fifteen months, Planning staff worked with their consultants, their Advisory Committee, and the community, as a whole, to ensure the plan captured the spirit and desires of the community. Ms. Linder relayed staff were at the end of the process and had brought the draft that night for Council's approval. Before the presentation, Ms. Linder wished to recognize the Comprehensive Plan Advisory Committee("CPAC") Members. Unfortunately, most of the CPAC Members were unable to attend the meeting, but there were a few present that Ms. Linder would recognize. The two recognized CPAC Members were Mr. Wally Whitley and Ms. Gladys Pryor. Ms. Linder assured all other CPAC Members would receive their certificates and be thanked in person. The Planning Department's primary consultant was Ms. Meredith Dang with Kendig Keast Collaborative. Ms. Dang had been working with the Planning staff throughout the process since March 2022 to that present day. Before handing it off to Ms. Dang, Ms. Linder lastly noted the plan was a twenty-year, long-range vision for the City and would be a great tool for City staff as well as Council. Ms. Meredith Dang then introduced herself as the Practice Leader for the Kendig Keast Collaborative. The Kendig Keast Collaborative had been assisting the City of Baytown in the development of the Comprehensive Plan over the past year and a half. The Comprehensive Plan focused on the following six topics: • Growth Capacity • Housing and Neighborhoods • Transportation • Recreation and Amenities • Economic Development • Land Use and Development City Council Regular Meeting Minutes May 26,2022 Page 5 of 33 Ms. Dang mentioned that the plan complimented Baytown's shorter-ranged Strategic Plan. Over the past year and a half, the Kendig Keast Collaborative and City Staff worked together and had gone through several different phases in the plan's development. The phases were Early Engagement, Existing City Conditions, Future City, and the Plan's Implementation and Finalization where they were at present. Ms. Dang then spoke moreover on the planning process. A variety of engagement methods were used to ensure that the plan reflected the voices and desires of Baytown residents. Ms. Dang reiterated her thanks to the CPAC Members who were diligent in each stage of the process. In continuation of the discussion of the planning process,both digital and in-person engagement were used to reach as wide of an audience as possible. A number of events were held and staff also went were people already were. Ms. Dang further listed a few of those events. Since Ms. Dang last spoke with Council, staff had been focusing on getting feedback and raising awareness for the final draft of the plan. There was a month-long open house at the Sterling Municipal Library, and also a formal online commenting session open during March and April. The public hearing daft of the plan presented to Council did incorporate the feedback received in the final stage. As previously mentioned, the plan consisted of two primary components: the Existing City phase and the Future City phase. The Existing City phase focused on the existing conditions of Baytown and included the demographics and maps related to the topic areas previously mentioned. Ms. Dang noted it was an online interactive plan. The Future City phase focused on recommendation that would help advance the following Top Seven Priorities: 1) Pro-actively preparing for Growth and Development 2) Enhancing Mobility and Access 3) Diversifying Baytown's Economic Base 4) Putting the"Bay" Back in Baytown 5) Bolstering Baytown's Image and Appearance 6) Focusing on Residents' Quality of Life 7) Advancing Plan Priorities through New and Improvement Implementation Tools Other features of the Future City section included linking back the recommendations to what was heard from residents during the engagement process. There were also summary matrixes in each plan section that contained recommendations (whether short, medium, or longer-term action), potential partners for moving that action forward, and a link back to any other plan that related to the topic. The Comprehensive Plan acted as the umbrella under which all the City's other plans could fit. In the Implementation section,there was an Action Agenda. Overall,the plan had over one hundred recommendations, but Ms. Dang reminded Council that the plan overlooked out to the year 2040. Thus, one of the things focused on was to identify the top priorities within each sectioned area. The top priority of each section were named as the following: City Council Regular Meeting Minutes May 26,2022 Page 6 of 33 • Land Use and Development—Update the Unified Land Development Code. • Growth Capacity — Evaluate the potential for regional stormwater detention facilities, including potential partnerships. • Housing and Neighborhoods — Work to Revitalize and protect the integrity of older established neighborhoods. • Transportation—Analyze key intersections to examine traffic operations and traffic flow to identify needed improvements. • Recreation and Amenities — Create regulations to protect large trees and support use of low-maintenance, drought- and heat-tolerant landscaping. • Economic Development — Focus efforts on revitalizing commercial corridors, including sites away from Garth Road. Ms. Dang then went on to discuss the Future Land Use Map. The map showed the general expected future land uses looking out to the year 2040 and presented the existing and new Future Land Use Map categories. In the new categories, there were four special planning areas which were: gateways, San Jacinto, downtown, and Evergreen waterfront. By calling those areas out on the map,the intent was to signal that those areas warranted a deeper dive or more specialized planning attention. With a few more comments on the Future Land Use Map, Ms. Dang wished to note that it was not a regulatory map. The map provided planning-level guidance and it was also not a zoning map since Baytown did have a separate zoning map that was limited to the city limits. Whereas, the Future Land Use Map also contained the area in the City's Extraterritorial Jurisdictions ("ETJ"). Ms. Dang had the map displayed and noted that the areas shown as industrial in the ETJ areas were properties already owned by some of the large industrial companies that were expected to develop as industrial over time. Upon adoption, the Comprehensive Plan would be used as a guidance document for both City officials and staff The plan would be implemented through the actions that Council would take with City leadership through things such as: the budgeting process; capital projects; department work plans; grant pursuits; land accusations and facilities planning; review of zoning and subdivision applications; the consideration of development incentives; and new or renewed partnerships. With there being no one signed up to speak regarding this item, Mayor Capetillo closed the public hearing concerning the Comprehensive Plan 2040 at 7:06 P.M. b. Consider an ordinance adopting the Comprehensive Plan 2040. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,099, related to Item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member City Council Regular Meeting Minutes May 26,2022 Page 7 of 33 Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE BAYTOWN 2040 COMPREHENSIVE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor Capetillo expressed his appreciation for the participation of the Comprehensive Plan Advisory Committee ("CPAC") Members and noted the five-year Strategic Plan rolled into the Comprehensive 2040 Plan. 4. PROPOSED ANNEXATION AND REZONING OF APPROXIMATELY 18.95 ACRES LOCATED SOUTH OF IH-10 AND EAST OF THOMPSON ROAD a. Consider the second reading of an ordinance for the proposed annexation of approximately 18.95 acres, generally located south of IH 10 and east of Thompson Road. Planning and Development Director Martin Scribner presented the item and stated it was the last step in the annexation process. He explained the four items under Agenda Item 4 were related, and included not only the final step of the annexation,but also the rezoning of the property from Open Space/Recreation (OR) to Light Industrial (LI). The rezoning went through the public hearing process of the Planning and Zoning Commission a couple of months ago,which had no opposition and had a unanimous vote to recommend approval. ORDINANCE NO. 15,090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN,TEXAS,AND THE ANNEXATION OF APPROXIMATELY 18.95 ACRES OF PRIVATELY OWNED LAND LOCATED GENERALLY SOUTH OF INTERSTATE 10 AND EAST OF THOMPSON ROAD, SITUATED IN THE WILLIAM HILBUS SURVEY, ABSTRACT NUMBER 336, IN HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 18.95 acres located at 2210 East Interstate Highway 10 from an Open Space/Recreation (OR) district to a Light Industrial(LI) Zoning District. City Council Regular Meeting Minutes May 26,2022 Page 8 of 33 At 7:09 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 18.95 acres located at 2210 East Interstate Highway 10 from an Open Space/Recreation(OR) district to a Light Industrial (LI) Zoning District. Planning and Development Director Martin Scribner had previously summarized the subject matter of the hearing in Item 4.a. Mayor Capetillo inquired if there were any individuals that had signed to speak which none had. At 7:09 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 18.95 acres located at 2210 East Interstate Highway 10 from an Open Space/Recreation (OR) district to a Light Industrial (LI) Zoning District. c. Consider an ordinance amending the official zoning map to rezone approximately 18.95-acre located at 2210 East Interstate Highway 10 from Open Space/Recreation (OR) to a Light Industrial (LI) Zoning District. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,100, related to Item 4.c. 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 ORDINANCE NO. 15,100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 18.95 ACRES LOCATED AT 2210 EAST INTERSTATE HIGHWAY 10, LEGALLY DESCRIBED AS PORTIONS OF LOTS 2 AND 3 OF TAYLORS PLACE, UNIT "D" OF ELENA FRUIT AND COTTON FARMS, IN THE WILLIAM HILBUS SURVEY, ABSTRACT NO. 336, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Consider an ordinance adding the newly annexed properties described as approximately 18.95 acres, generally located south of IH 10 and east of Thompson Road, City Council Regular Meeting Minutes May 26,2022 Page 9 of 33 legally described as a portion in Abstract 336 of the William Hilbus Survey, Harris County, Texas, to Council District No. 3. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,101, related to Item 4.d. 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 ORDINANCE NO. 15,101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,ADDING APPROXIMATELY 18.95 ACRES OF LAND SITUATED IN THE WILLIAM HILBUS SURVEY, ABSTRACT 336, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED REZONING OF APPROXIMATELY 29.26 ACRES AT 2015 MASSEY TOMPKINS ROAD a. Conduct a public hearing concerning a request to amend the official zoning map and rezone approximately 29.26 acres at 2015 Massey Tompkins Road from Open Space/Recreation (OR) to a Mixed Residential at Low to Medium Densities (SF2) and a General Commercial (GC) Zoning District. At 7:11 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map and rezone approximately 29.26 acres at 2015 Massey Tompkins Road from Open Space/Recreation (OR) to a Mixed Residential at Low to Medium Densities (SF2) and a General Commercial (GC) Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing, and noted that the item was a rezone on Massey Tompkins Road of about twenty-nine and a quarter acres from OR to SF2 and GC. He indicated it was a newly annexed property from 2018 and the item had gone through the public hearing process of the Planning and Zoning Commission. The Future Land Use Map showed precisely what was being requested, which was commercial along Massey Tompkins with SF2 residential behind the property to the north. The front was already zoned as commercial; thus, it was being extended toward the back. Mr. Scribner displayed a concept map showing a small-scale commercial upfront in the commercial zoning with approximately eighty-one lots of single-families toward the back in the SF2 area. The item had no City Council Regular Meeting Minutes May 26,2022 Page 10 of 33 opposition and did go through with a favorable recommendation from the Planning and Zoning Commission. With there being no further questions from Council and there being no one signed up to speak regarding this item, Mayor Capetillo closed the public hearing at 7:12 P.M., concerning a request to amend the official zoning map and rezone approximately 29.26 acres at 2015 Massey Tompkins Road from Open Space/Recreation(OR)to a Mixed Residential at Low to Medium Densities(SF2) and a General Commercial (GC) Zoning District. b. Consider an ordinance amending the official zoning map to rezone approximately 29.26 acres at 2015 Massey Tompkins Road from Open Space/Recreation (OR) to a Mixed Residential at Low to Medium Densities (SF2) and a General Commercial (GC) Zoning District. A motion was made by Council Member Jacob Powell and seconded Council Member Heather Betancourth to approve Ordinance No. 15,102, related to Item 5.b. 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 ORDINANCE NO. 15,102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 29.26 ACRES LOCATED AT 2015 MASSEY TOMPKINS ROAD, LEGALLY DESCRIBED AS A TRACT OF LAND IN THE CHRISTIAN SMITH SURVEY, ABSTRACT NO. 69, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) AND GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. BAYVIEW PUBLIC IMPROVEMENT DISTRICT a. Consider an ordinance authorizing a development agreement with KB Home Lone Star Inc.,for Bayview Heights. City Council Regular Meeting Minutes May 26,2022 Page 11 of 33 Economic Development Manager Bret Gardella presented the item and stated that the KB Home Development was unique because it was a bit more of an infill at south of I-10 and was a long stretch off of Main Street to the north of Hunt Road. He relayed that KB Homes had worked extensively over the last six months with the City staff, through Planning and Public Works and Engineering, on getting the land plan together. Staff recommended approval, and there was a KB Homes representative present for any further questions. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson for discussion of Item 6.a. Council Member Lester requested a map to show exactly what was being discussed. Interim City Attorney Trevor Fanning replied the map was an exhibit in the agreement. Mayor Capetillo inquired if Council had seen the item before,to which he was responded that they had. Mr. Gardella stated that KB Homes came approximately ninety days ago and made a presentation to Council with their land plan. After that point in time, KB Homes started working with staff on revising it and make it a better development. Mr. Gardella added that it had also came to the rezone process as well. Mayor Capetillo questioned the width the of the lots and Mr. Gardella replied they would be 50 x120. Mayor Capetillo then asked for the width of the streets and assumed it was twenty-eight. Mr. Gardella answered it would be to the City's standard as KB Homes met the City's standards for everything that the City requested. KB Homes added an eight-foot rail system, six-foot sidewalks, and acquired property to extend an entrance point down Hunt Road. The main entrance point would be off North Main. The property that abuts North Main had been left with the property owner and would be used for commercial purposes. However, that was not included in the PID and the item was specific for KB Homes and their development. The vote for the motion on the table to discuss Item 6.a., 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 A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson to approve Ordinance No. 15,103, related to Item 6.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 City Council Regular Meeting Minutes May 26,2022 Page 12 of 33 Approved ORDINANCE NO. 15,103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING A DEVELOPMENT AGREEMENT WITH KB HOME LONE STAR INC., FOR BAYVIEW HEIGHTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing the creation of Bayview Heights Public Improvement District. A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to approve Resolution No. 2782, related to Item 6.b. 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. 2782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND CREATING THE BAYVIEW HEIGHTS PUBLIC IMPROVEMENT DISTRICT IN THE CITY OF BAYTOWN, HARRIS COUNTY,TEXAS, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 7. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 90 "Taxation," Article II "Ad Valorem Taxes," Section 90-27 "Exemptions," Subsections (a) "Disabled adults" and (b) "Adults 65 years or older" of the Code of Ordinances, City of Baytown, Texas to (i) increase the exemption from taxation for disabled adults to $80,000 and (ii) to increase the exemption from taxation for adults sixty-five (65) years or older to $80,000, for residential homesteads. Finance Director Victor Brownlees introduced the item,but first wished to express his gratitude to the Finance Committee for bringing the proposals to Council that night. Mr. Brownlees underpinned the ordinance as a policy on taxation which would see Council through the next three years. He explained that the policy was divided into two elements—the first being the tax rate. The City Council Regular Meeting Minutes May 26,2022 Page 13 of 33 proposal was to reduce the tax rate by half a cent a year for each of the next three years taking the City down to a 770 tax rate. Mr. Brownlees stated that was a significant reduction in the headline rate. The subject ordinance,however, dealt with the second element, which was the targeted exemption for senior citizens and the disabled. Council already awarded the maximum allowable homestead exemption in the City and were encouraging legislators to increase that. However, Council had the ability to increase exemptions for those over sixty-five and the disabled. The proposal was to increase that by $20,000 a year over the next three years—taking it to $80,000 next year and $120,000 in year three, which was double the current exemption. The goal of the Finance Committee at the end of that was to provide 100%tax relief of city taxes for people in the category of those over sixty-five and the disabled. Mayor Capetillo stated he also shared the sentiment about Finance considering the option to reduce the tax burden, particularly for the disabled and those sixty-five and older, and believed it was a great plan and supported the policies. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson to approve Ordinance No. 15,104, related to Item 7.a. However, there was discussion prior to the vote. Mayor Pro Tem Presley noted he was not in favor of raising exemptions and requested further clarification in regards to the mentioned half-cent reduction. Mr. Brownlees stated the ordinance dealt with the exemption and Council would set the tax rates when setting the budget. What Mr. Brownlees had identified to Council,was the Finance Committee had established a policy targeting a minimum half-cent reduction in the headline taxpayer over the next three years. He reiterated Council would make a decision in oversight when setting the budget and the actual tax rate. Mr. Brownlees suggested Council refer to the policy when considering that matter. Mayor Pro Tem Presley understood and relayed the City had done a one-cent reduction in years past to which City Manager Rick Davis noted that except for the seasons when the City combined it with the expansion of the exemption, the first time the City did that expansion, it was equivalent to half a cent, at that time decreasing the rate. Council Member Betancourth thanked Mr. Brownlees and the Finance Department for putting the policy together. In her five years on Council, Council Member Betancourth pointed out how Council had talked about how to relieve the tax burden on citizens. She expressed her appreciation in bringing Council those options, which were exactly what Council had asked for. She noted to the citizens that the change affected their city taxes only. To Council, Council Member Betancourth stated that the recommendations and policy were simply a minimum and that Council could do more. The intent of the policy was to take the guesswork out for Administration when doing the budget. Likewise, Council Member Betancourth stated Council could always propose more or ask for more. The vote for the motion on the table was as follows: City Council Regular Meeting Minutes May 26,2022 Page 14 of 33 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 ORDINANCE NO. 15,104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 90 "TAXATION," ARTICLE II "AD VALOREM TAXES," SECTION 90-27 "EXEMPTIONS," SUBSECTIONS (A) "DISABLED ADULTS" AND (B) "ADULTS 65 YEARS OR OLDER" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, IN ORDER TO (I) INCREASE THE EXEMPTION FROM TAXATION FOR DISABLED ADULTS TO $80,000 AND (II) TO INCREASE THE EXEMPTION FROM TAXATION FOR ADULTS SIXTY-FIVE (65) YEARS OR OLDER TO $80,000, ON CERTAIN RESIDENTIAL HOMESTEADS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED RESOLUTIONS a. Consider a resolution adopting the City of Baytown 2022-2023 list of priorities for the 88th Texas State Legislature Session. Public Affairs Director Thomas Reeves presented the draft of legislative priorities for Council's consideration. The City, along with advocates, had worked hard over the last couple of months and Mr. Reeves would give a presentation to share a high-level overview of those priorities. The effort was collaborative where experts of the City worked together with the experts at the state level. Mr. Reeves added that included their advocates present at the meeting,The Schlueter Group, and legislators and agencies in Austin working together. By partnering together, the goal was threefold: 1) to express support for helpful legislation; 2) to share concerns over obstructive legislation; and 3) to look for opportunities for funding partners. Additionally, the Texas Municipal League ("TML") was also a big partner and were deferred to on taking the lead on issues that the City was not able to. Their priorities were shared so that Baytown could get an exhaustive list of all the ways that Austin could help departments more effectively reach their constituents. Mr. Reeves then shared the timeline with Council. He started the process commenced in December 2021, collaboratively with department heads reaching out to make sure their information was shared. In March, Mr. Reeves involved Council in soliciting input on their desires. Mr. Reeves noted in many ways they were ahead of schedule, but hearings had already begun to have taken place that offseason even though session did not officially start until January of 2023. Mr. Reeves City Council Regular Meeting Minutes May 26,2022 Page 15 of 33 relayed that Baytown was very well represented that morning at a hearing of the Criminal Justice Committee where it was discussed how the theft of catalytic converters affected the City and its residents. City staff were on top of that as those hearing had already taken place and legislation was being crafted as Mr. Reeves spoke. The eight broad categories of the priorities at a high level had some that were generic by nature for maximum flexibility and had others that were more specific as the City had individual needs to be addressed. Mr. Reeves emphasized that the priorities were selected based on a number of factors to include the collective understanding of the legislature's appetite. An issue that had been intentionally left off the priority list was due to the legislature already recently addressing that issue, it was in the hand of the federal government, or it could may be an issue that the local level could consider. Mr. Reeves stated there were actually two lists: 1) the priority list, was what Council would consider that night and 2)their watchlist,which was more fluid that the City looked at on a regular basis. For example, was there something that would affect the City? Where there any funding opportunities that they could look for? The eight categories of the priorities were listed as the following: 1) Local Authority - Ability to Fund Core Services and Critical Projects 2) Property Tax Relief and Reform - Ease Property Tax Burden - Reformation of The Industrial and Residential Property Appraisal System - Expansion of The Local Residence Homestead Exemption 3) Economic Development - Preservation of all Economic Development Tools - Preserve the Chapters 212 and 380 Economic Development Agreements - Restore the 313 Economic Development Act 4) Predatory Lawsuits - Limit the Power of Organization to File Predatory Lawsuits 5) Utilities - Municipal Authority Regarding Electric and Gas Utility Rates - Collect Impact Fees from all Customers Baytown Served 6) Transportation - Divert Heavy-Haul Truck Traffic from SR 146 to SR99 - Distribution of Federal Funding in a way that Provided Local Governments with Long-Term, Direct Support 7) Elections and Public Meetings - Allow for Public Agencies to Post their Required Public Notices on the Internet - Clarification of Code Related to How Many Public Hearings were Required for Agencies and Committees 8) Quality of Life - City's Ability to Regulate Multi-Family Housing, Abate Substandard Structures, and Nurture the Health, Safety, and Comfort of its Neighborhoods - Shorten the Graffiti Removal Abatement Notice Time Period and Remove the Provisions Requiring the Abatement Expenditure of Public Funds City Council Regular Meeting Minutes May 26,2022 Page 16 of 33 Back to the timeline, Mr. Reeves discussed the next steps. As previously stated, the City was in the middle of the hearing season. They would look for more ways that they and Council could participate in those hearings. Next, Mr. Reeves stated that the priorities list would be shared with neighbors, partners, stakeholders, and policy makers. Beyond sharing, there may be a need for specific action in the form of legislation. Mr. Reeves assured Council that they would be on top of providing and filing new legislation if that be the course that made the most sense regarding the priorities. Lastly, Mr. Reeves touched on Baytown Day and relayed they would work earnestly in getting a day in likely February or March. Baytown Day would be where city administration would go up to Austin, spend some time with their legislators, hear from them, have them hear city administration, and really celebrate Baytown with those legislators in Austin. With that, Mr. Reeves ended on the note reminding Council that The Schlueter Group was present to address any specific questions about the process or about legislation and about what was going on in Austin. Mayor Pro Tern Presley questioned if there was an Ad Hoc Committee that was assembled for that initiative and to look at those initiatives for Council Members. Mr. Reeves answered he did have three Council Members that could provide input in the process. Mayor Capetillo added the clarification that in last session he mentioned that Council was adopting their priorities right before February. Council was late to the game that last session when it came to priorities, so Mayor Capetillo asked Mr. Reeves to develop an Ad Hoc Committee and as Mr. Reeves stated, he was now ahead of the game. In a later agenda item, Mayor Capetillo stated they would develop the Ad Hoc Committee. As legislation was being filed, Mayor Capetillo believed it was in Council's best interest to have an Ad Hoc Committee of three Council Members to go and help Mr. Reeves and others with direction in following legislation. Mayor Pro Tem Presley stated he did not see the Ad Hoc Committee come to Council for action. Mayor Capetillo replied that would be considered later in the agenda and had recommended the Council Members of Districts 4, 5, and 6 be a part of it as those were not in this year's election. With his knowledge, Mayor Capetillo believed Mr. Reeves invited those Council Members to provide input, but they had not assembled as a group to his understanding. Mr. Reeves confirmed so and relayed they had two of the three council members that met with The Schlueter Group, where they provided input. Also, Mr. Reeves spoke separately with Council Member Betancourth. While he was sure the work was good and respected his fellow Council Members, Mayor Pro Tern Presley noted Council had seem to appoint Ad Hoc Committees more often than ever before. He did not believe Ad Hoc Committees were a great thing because there was only three Council Members and there was not any public input,which skirted the Open Meetings Act. He did not see what that would add to the process. He noted Council used to discuss those things publicly in one or two Work Sessions. Not only that, Mayor Pro Tem Presley believed it also disabled those that were not on that Ad Hoc because if he talked to one of those three members, then that would be a violation of the Open Meetings Act. Thus, Mayor Pro Tern Presley had some trepidation on the number of Ad Hoc Committees Council formed. Lastly, Mayor Pro Tem Presley noted one of the priorities were to advocate for the required public notices to be posted to be on the internet and not in the local newspaper. Mayor Pro Tem Presley did not support that, so he wondered if he should abstain and further mused over what would be City Council Regular Meeting Minutes May 26,2022 Page 17 of 33 the right thing for him to do. For that one item, Mr. Reeves explained it was drafted in such a way—which could be adjusted—where it would provide that option for the City. At that time, that was an option for the City to solely post on the internet.Mr. Reeves noted they may seek legislation that allowed the City to post in multiple places in looking for some flexibility. Going forward, if there was some advice or information that could be provided that would give better language there, Mr. Reeves was happy to receive it. On that same issue, Council Member Lester voiced that it had been around a long time. It had been pushed for a while and was not only a Baytown issue. Most of the legislation that Council Member Lester had seen proposed did not preclude using the newspaper—it allowed cities to use the internet. At that time, Baytown could not and had to use newspapers. He noted smaller cities were getting in to a crunch as the printing business was getting smaller and smaller. Thus, it was getting harder for smaller cities to comply with the regulations of postings which was the reason for the push to allow an internet option. Council Member Lester did not believe any proposal had been to preclude newspaper submissions, it was just to get an additional option for internet to be added. Council Member Lester supported an effort to get an additional option. Mayor Pro Tem Presley understood and explained that he came from the perspective on that he received many calls from constituents about things they saw on the paper. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson to approve Resolution No. 2783, related to Item 8.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. 2783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S LEGISLATIVE PRIORITIES FOR THE 88th STATE LEGISLATIVE SESSION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution granting consent to the inclusion of 378.34 acres into Harris County Municipal Utility District No. 213-A. Council Member Betancourth informed Council that she would be abstaining from Items 8.b. and 8.c., and had filed the appropriate paperwork with the City Clerk's Office. Interim City Attorney Trevor Fanning summarized Items 8.b. and 8.c. together, as they were related. He reminded Council that at the end of April, the developers came a did a presentation under Texas Law. Since it was in the City's Extraterritorial Jurisdiction ("ETJ"), the developer City Council Regular Meeting Minutes May 26,2022 Page 18 of 33 had to get the City's permission before a Municipal Utility District("MUD")may annex territory. The first item was the developer seeking the City's permission, and the following item was that the developer also filed their petition. The developer wanted Council to consider an amendment to the existing Development Agreement with the MUD. The amendment to that agreement was to add the new territory. The developer also agreed to add a provision that would require a minimum of 5% of its single-family mixed residential housing units to have a minimum lot frontage of seventy feet. A few other changes were made, and the developer was there should Council want to ask any questions. A motion was made by Mayor Pro Tern Chris Presley and seconded by Mayor Brandon Capetillo to approve Resolution No. 2784, related to Item 8.b. However, there was discussion prior to the vote. As there was a reluctance for the seconding of the motion, Mayor Capetillo commented that the development was not something he would do again as far as an in-city MUD. Since that time, Council had developed a good policy on how to address large tracts on land that was in the City's ETJ or near the City. How would it be addressed if the developer wanted to annex that if they wanted to develop a Public Improvement District ("PID"), or a MUD. Mayor Capetillo believed the policies were a great rule of thumb in some cases; however,the City did go and approve an in- city MUD for the 213 A-Tract. Mr. Fanning clarified it was outside of the city limits. Regardless, Mayor Capetillo pointed out it was approved. With the MUD's creation, he assumed the item was for a limited purpose annexation also, which was confirmed to be true. In summary, Mayor Capetillo saw that it was a good developer that was building homes and that there were schools nearby. They developed the carpet of expansion for the near areas and were looking to expand that. He had looked at the quality of homes that would be built and he believed they were of high quality. Mayor Capetillo did believe there were discussions that the same homes the developer was building were in other communities with maybe different lot sizes. Yet, every time Mayor Capetillo made an inquiry on increasing the building standard or adding any kind of amenity, the developer had complied. He was pleased to see the seventy-foot lot size. Mayor Capetillo noted staff believed the item would stifle annexation in the future,but his opinion on that was that he did not believe that was the case and was in favor of the item as presented. Mayor Pro Tem Presley echoed Mayor Capetillo's sentiment. The developer had come to the City, received negative comments and pushbacks, and went back to the drawing board to do the thing that Council asked of them. He noted that a lot of times, Council actually battled with developers because they did not want to make any changes. On that project, Mayor Pro Tern Presley believed there had been concessions and meaningful conversations on the developers' part;thus, Mayor Pro Tern Presley was in favor. The developers were the first to set the standard to not be allowed to expand,and if Council wanted to change the policies going forward,Mayor Pro Tern Presley stated so be it. However, to not allow the developers to expand, Mayor Pro Tern Presley was not in favor of changing the rules of the game. That reminded Mayor Capetillo that when Council was looking at the housing that was being built, the developers were the first ones that raised the bar and since then, Council had adopted other development in MUDs that raised that bar even higher. Council Member Powell commented that he was not concerned about stifling annexation to the north, as previously mentioned. His biggest concern was that the MUDs themselves were not a City Council Regular Meeting Minutes May 26,2022 Page 19 of 33 funding mechanism that was beneficial to taxpayers. For that reason, Council Member Powell was opposed. Council Member Alvarado had thought the same. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo and Mayor Pro Tern Chris Presley Nays: Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Other: Council Member Heather Betancourth (Abstain) Not Approved c. Consider an ordinance authorizing the Second Amendment to the Development Agreement with Friendswood Development Company. As Item 8.b. failed to pass, Item 8.c. was not considered by Council. 9. DISCUSSIONS a. Receive a presentation regarding the Strategic Marketing Plan for the Baytown Hotel and Convention Center. (Zoom) Mr. Stephen Galbreath with Garfield introduced himself and his group members—also connected via Zoom—as the developer of the Hotel Convention Center. Ms. Michelle Geiger was the Corporate Director of Operations for the Hyatt. Likewise, Mr. Asad Ahmed was the Senior Vice President of Commercial Services for the Hyatt. Lastly, Mr. Jeff Binford was the Senior Vice President and Asset Manager of the property once it opened. Following the introductions, Ms. Geiger opened by stating the primary reason for the presentation was to review their company sales and marketing strategy with additional pieces. Ms. Geiger presented a PowerPoint presentation that reviewed the commercial services portion of the Hyatt Regency. She would review the interiors and the food and beverage. The Regency brand itself focused on business travelers. Therefore, that would bring the amenities expected from the Regency as well as the food and beverage. The first slide Ms. Geiger displayed was of the hotel's market. The market was 700 square foot that was for retail offering and would serve as a "grab and go" supporting the hotel's in-room dinning operation. Ms. Geiger conveyed the space was flexible and meant to support convention- goers. It would scale up when there would be larger groups in-house. In-between those large groups, expenses would be managed as they scale back down as needed during those slow periods. The space was made for speed and would allow a guest to get a quick item in five minutes. Ms. • Geiger stated there would be a full menu whether it be lunch, breakfast, or dinner. There would always be something to fit the space. City Council Regular Meeting Minutes May 26,2022 Page 20 of 33 Next, Ms. Geiger spoke on the three meal restaurants. She described them to be modern, yet with some elements of a classic design. Ms. Geiger assured there were Americans with Disabilities Act (ADA) seats. The spaces were over 2,000 square foot with two private dinning areas that allowed a lot of flexibility. On the bar of the hotel, Ms. Geiger emphasized the phenomenal view. She described the bar to be an elevated evening space that was nearly 2,000 square-foot. There were fifty-seven seats, but also a good amount of space for standing room. The bar used three meal kitchens to pull the areas together. They could operate separately or together. Mr. Ahmed continued the presentation and introduced his role as the commercial lead and his responsibility. On a slide, Mr. Ahmed displayed his team and their individual functions. The following slide entailed the approach that the team had taken. The team looked at the brand and at the different thing their customers had an affinity to. How could they maximize that revenue potential? The team sought to understand why folks would travel to that part of the country and to understand what that local market potential and drivers were. The team would try to work most closely with on-property teams to understand how the highest system could help contribute to the revenue performance. Moreover, Mr. Ahmed showed and further discussed their partner organization—the Global Sales Organization—and their function. The structure of their sales approach was multitiered and as the property opened, their company would hire property sales, marketing, and events team. The hotel team would work on a day-to- day basis to help folks—however far away—understand what the hotel was,what the market was, and how any of those individuals employed by the Hyatt could contribute to the revenue- generating potential of the hotel. The following slide exhibited the regional sales organization, where they were in the world, and the fact that they worked with local customers. Lastly, Mr. Ahmed spoke on the Hyatt loyalty program and their partnerships. With that ending the presentation of the Hyatt, Mayor Capetillo commented that Hyatt was ahead of the game when it came to their marketing. He believed they would identify key personnel at a later date so that the City could begin recruitment of some regional and local events at the Hotel Convention Center. He expressed his appreciation to the presenters and opened the floor to questions from Council. Council Member Alvarado similarly expressed her appreciation to the marketing team. The presentation signaled they were getting closer to the opening. Council Member Alvarado relayed she had spoken with City Manager Rick Davis about having some sort of job fair to try to recruit locals for all levels of employment for the hotel. Mr. Davis thanked the presenters and stated he had touched bases with the marketing team about the City already receiving inquiries from community partners about how they could get a slight jump on booking the Hotel Convention Center. They further discussed about the possibility of obtaining from the marketing team a contact that the City could provide those community partners. Mr. Ahmed replied that would not be a problem and was delighted to hear about that interest. Council Member Johnson commented he was glad to hear about a local job fair and hoped it would happen. b. Receive a presentation regarding the Draft FY23-27 Capital Improvement Plan. City Council Regular Meeting Minutes May 26,2022 Page 21 of 33 Public Works and Engineering Director Frank Simoneaux presented the draft of the FY23-27 Capital Improvement Plan (CIP) to Council. It was the third time the City had been through that process and Mr. Simoneaux believed they had a better product every time they had done so. Mr. Simoneaux thanked the Public Works and Engineering staff, the Finance Department, and all the other directors who assisted in preparing the plan. Several benefits in putting together a five-year CIP were that it helped communicate the City's priorities by having the projects in one place, provided transparency on communicating how the City spent funds, and let the Finance Department look at long-term funding strategy. The CIP was a five- to ten-year look at the City's capital projects. It was broken in to eight categories of programs. Mr. Simoneaux would go through each of those programs in more detail, but first, he provided the timeline. Mr. Simoneaux transmitted the pdf documents to Council on Monday and had hard copies of the capital improvement plan that he would distribute at the end of the presentation. He wished for Council to study the material and come back on June 23'1 to receive feedback. Staff would incorporate that feedback and anticipated adopting the CIP with the budget. Mr. Simoneaux relayed that would be communicated through several methods, such as Better Baytown and Baytown Engage. As he had done last fall, Mr. Simoneaux wished to give a brief explanation of how the CIP was laid out. Council had a project sheet for each of the project in the CIP. Each project sheet had the project name, number, description,justification, a section that listed the project costs in different categories, and then funding sources. There were also summary pages. One of the summary pages listed the projects by program grouped in to things such as wastewater collection and water distribution. The columns represented the fiscal year that they were funded. There was a separate summary for all the different funds. Projects with different funds were summarized and grouped by fiscal year. Mr. Simoneaux then relayed the magnitude of the CIP the City had. For FY23-27, the City had funded projects for $512 million. FY22 was included in the overview as a reference. FY22-23 were well over $200 million each year and the outer years were a bit lower. Mr. Simoneaux expected that—as the City updated its plan, added projects, and got better at long-term planning— the City would see more of a stable horizon where each year there would not be as much variability. Thus, the City had more work to do on long-term planning. The following slide of Mr. Simoneaux's presentation showed the breakdown of how the City was spending all that $512 million dollars over five years throughout the different programs. Mr. Simoneaux noted transportation was about a third of what the City was spending. All the utility programs fell under 50%with about 45% of the total. On to the discussion of major funds, the first one was General Fund cash. The City had allocated about $12 to $14 million each year from the General Fund for capital projects. Mr. Simoneaux displayed some of the projects in FY23 that were either fully or partially funded by the General Fund and other listed funded sources. The following slide showed some General Fund debt that staff was planning on utilizing for the projects over the next five years. Mr. Simoneaux further displayed other funding sources. The Municipal Development District ("MDD") would have a joint meeting with the Tax Investment Redevelopment Zone ("TIRZ") City Council Regular Meeting Minutes May 26,2022 Page 22 of 33 where they would discuss some of the projects. In the Water and Sewer Fund,there was about$67 million for the five-year CIP. Mr. Simoneaux noted there were more projects than the City was able to fund, so the City was delaying maintenance on some of their projects. As already known by Council, there would be a negotiation of a new sanitary sewer overflow initiative which would more projects would come out of that. He informed Council the City would have to look at adjustments in the future to help fund those projects and would make sure that staff would do the maintenance that was required. Another topic under funding sources, was Storm Water which had several projects that had been initiated with partnerships. The City planned to issue debt for those projects as the City had maxed out its Storm Water Fund. Mr. Simoneaux noted they would seek out grants for future projects. Through drainage, there were major projects that would be started in the near future. Again,he mentioned the TIRZ would also cover some of the projects in its joint meeting the following week. The Baytown Area Water Authority("BAWA") was already looking to expand its east plant that had just been commissioned. The City had an increased demand for its water system, so it would have to expand that plant. Mr. Simoneaux stated the City had already started that process. The I- 10 Lift Station was partially funded by impact feed through the MDD. That was a major project that served the area north of I-10 as well as the San Jacinto area which would allow for the growth of those areas. The following slide listed the grants that the City would utilize. Most of the American Rescue Plan Act("ARPA") funds would be utilized for the City's wastewater areas. Garth Road would largely be funded by the Transportation Improvement Program fund. Mr. Simoneaux additionally noted the City had gotten several grants from the Community Development Block Grant("CDBG"). The City started the West Texas Avenue drainage project with an engineer already selected, so Council would see an engineering contract soon for that. The east wastewater treatment plant was in design for phase one and two. Lincoln Cedars and Julie Anne drainage project was in construction and progressing as well. Also, under the list of grants, Baytown had several projects in partnership with Harris County. Danubina and East James drainage was a large project that the City started a design on that with the county. Mr. Simoneaux relayed that project would be started on right away with the acquisitions as well. Market Street improvements was in final design and lead by Harris County. Likewise, sidewalk improvements was with Harris County transit which would be bid out soon. South Main drainage phase two was still in design and progressing. Next, Mr. Simoneaux went through each of the programs and listed some of the highlights. The projects that Mr. Simoneaux would present were from projects currently in progress that were either in design or construction. Under that were projects listed for FY23 that were either starting to be designed or going in to construction in 2023. One project to note was the Fire Station 2 replacement. The Emergency Operation Center was being looked to add sleeping quarters and a dining facility to function long-term. In addition, there were several other facility renovations being looked at coming out of the Facility Master Plan. Another being looked at, was the replacement of the City's Mosquito Control Building. For the facility renovation previously mentioned, Mr. Simoneaux displayed those that were scheduled for renovation starting in 2023. The City would package all those together in one package, get an architect to draw that up, and issue it to construction in FY24. City Council Regular Meeting Minutes May 26,2022 Page 23 of 33 Furthermore, Mr. Simoneaux discussed parks project. The following slides showed the ones in progress and the ones slated for starting in FY23. Mr. Simoneaux noted the Jenkins Clubhouse would be similar to the one being built at Roseland. The City also had preliminary engineering for the Bicentennial stage improvements. Engineering would be done to get a good idea of the cost and to scope out the best plan of action. Mr. Simoneaux stated he also had money relocated to the disc golf course. Lastly, Mr. Simoneaux mentioned there would be improvements to the hundred block of town square. On transportation, several projects were already in progress. The ones starting in 2023 included the Lantern Park Streets. Mr. Simoneaux stated the design would start soon and that the City was advertising a Request for Quotation ("RFQ") for an engineering consultant at the moment. The consultant would be selected soon which would come to Council, and then construction would begin in the later part of FY23. On North Main Street, the City was looking to do a project similar to Baker to 146. The project was to preserve the pavement that was quickly deteriorating. Mr. Simoneaux commented if restoration was not done soon, the City would have to do a total reconstruction. Staff believed the northern sections would be a better candidate as there was not much river rock nor as much concrete to replace. There were also several streets under asphalt reconstruction included in the FY23 transportation projects basically from the Goose Creek bridge to Market street. The South Street was half-done which would allow the City to do North, East, and West. On West Baker Road, Mr. Simoneaux would like to apply for grant funding, but first the City needed to do preliminary engineering. Bay Oaks Harbor streets were in design and the Long Star extension would be discussed at the TIRZ meeting. The next slide touched on drainage projects in progress. The projects starting in FY23 were primarily the regional detention for San Jacinto that would be discussed at that TIRZ meeting. The following slide then listed the wastewater treatment projects. Mr. Simoneaux had already gone through all of the ones that were grant-funded. There was another project that he stated was going through design and would be funded with ARPA funds. On BAWA projects, as previously mentioned,the City would start the design process of the east plant expansion that would be funded by debt. With that concluding his presentation, Mr. Simoneaux offered he could receive comments now or Council could hold on to them until June 23`d. Council Member Johnson requested to discuss where the City stood on Connally Road. Public Works and Engineering Assistant Director Andrea Brinkley answered staff was finalizing the plans and were preparing for bids at that time. The City would bring their construction manager for a constructability analysis and then start that bid process. Mayor Capetillo inquired when Ms. Brinkley expected that bid process to which she responded that she hoped for June. 10. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending March 31, 2022. Finance Director Victor Brownlees gave the Quarterly Financial and Investment Reports for the Quarter to Council. As Public Works and Engineering Director Frank Simoneaux previously mentioned, there was a segue from talking about what the City's plans were for the future in terms City Council Regular Meeting Minutes May 26,2022 Page 24 of 33 of investment and the current plan for delivering that budget. Part of the process in setting the budget was to look at what funds were available at the end of the year and carry those over to apply to the Capital Improvement Program. Likewise, Mr. Simoneaux had also mentioned the issuance of debt in the next year. Council had a debt policy that would govern that process. Mr. Brownlees assured that the policy mentioned earlier in the meeting about the tax rate would apply as well. Thus, there would be no increase in tax rate as a result of issuing debt. In terms of the current plan budget,Mr. Brownlees expected the property tax to be halfway through the year at about 96%. Sales tax remained robust; however, that might slack off a little due to inflation and consumers becoming more circumspect as the economy slowed down. Nevertheless, the General Fund up the halfway point was three quarters in to the City's revenue with about 50% on expenditures. Thus, there was money and fund balance as expected. Nothing concerned Mr. Brownlees at that stage, but the inflation pressures on the spending side that would be confronted when setting the budget going into next year. In the current year, the City was doing well. With the Aquatic Fund, Mr. Brownlees advised Council to not be alarmed. At that time of the year, it was expected to be in deficit because the City had to spend money to open for the season. Again, the City anticipated a successful year. Mr. Brownlees told Council to anticipate that coming into balance and yielding a surplus that would repay the general fund for the money borrowed a couple years ago. On the Hotel/Motel (HOT) Fund, Mr. Brownlees drew Council's attention to the fact that the budget was adjusted to reflect the contribution that was made by the HOT Fund at the end of the FY21. The $4 million that had been set aside for the hotel transaction had taken place, so the amended budget reflected that. The other big element was that there was about$1.9 million in the balances which was true; however, $1.6 million of that had been identified for the Wayne Gray Sports Complex. Overall, the HOT Fund remained in good health. The Water and Sewer Fund, similarly at the halfway point,was almost spot on in terms of revenue. It was a little behind on expenditures, but nothing particularly of concern. Mr. Brownlees noted Council would discuss later in setting the budget for next year about rates, rates structures, etc. He thought about the need to invest in infrastructure which Mr. Simoneaux had covered in the previous item. On the Sanitation Fund, there was a surplus which created a bit of a working capital balance that would allow the City to think about the next year—particularly as the City moved in to a new contract for risk management services. The Storm Water Utility Fund had previously been alluded to by Mr. Simoneaux. Last year, Council increased the fees to build up a war chest and provide some funding that would enable the City to fund debt and have a partnership with Harris County for the drainage projects underway. The Street Maintenance Tax Fund also had strong sales tax. The City did have a war chest there and Mr. Brownlees would like to see that deployed in the next couple of years. On the Investment Report for the Quarter, it was up due to the huge influx of tax monies that the City had yet to spend. The City sat on a little over $320 million funds invested. Mr. Brownlees anticipated the interest earnings would also start to rise. As interest rates went up, the City's earnings would also go up. City Council Regular Meeting Minutes May 26,2022 Page 25 of 33 In conclusion, some funds would be available going in to nextyear which would helpwith the g g plan Mr. Simoneaux outlined. Mr. Brownlees did see some issues that needed to be resolved, particularly about inflationary pressures, but they would be further discussed in the discussion of the budget. b. Receive the Baytown Police Advisory Committee's Quarterly Report to the City Council on its work and progress. Chairperson of the Baytown Police Advisory Committee ("BPAC") Eric Bolenbaucher presented the BPAC's Quarterly Report. Mr. Bolenbaucher began by relaying their new election of Committee Officers: Mr. Bolenbaucher of District 5 was elected as Chairperson, and Dr. Marissa Moreno of District 2 was elected as Vice Chairperson. Also, present at the meeting with Mr. Bolenbaucher were BPAC Committee Members Richard Hunsinger and Lt. Rodney Evans. Mr. Bolenbaucher relayed the BPAC had two vacancies, with one being filled that night. The BPAC did have fewer meetings due to the lack of quorum during the months of January and February. He then displayed all of the BPAC members at that time and noted that their term did end on September 30`h. He encouraged individuals wishing to be involved in the BPAC to fill out the necessary forms and express their interest to their representative to begin the process of appointment. The BPAC's focus was to remain as an advisory committee with no oversight authority as there already was by the Texas Legislature and the Texas Commission of Law Enforcement("TCOLE"). Mr. Bolenbaucher relayed the BPAC had wished to change policy, but they did not have that authority to do so. Thus,the BPAC would move toward bringing better results of information from the community. With Police Chief John Stringer's assistance, the BPAC wanted to bring forward to Council not just concerns, but also ideas that would help in the future. On Community Outreach, each of the BPAC Committee Members were reaching out to their respective district and engaged in their community. Mr. Bolenbaucher requested further assistance and input from the Council Members to direct complaints and concerns so that the BPAC may better advise Council. Unfortunately, only a few citizens had taken advantage of the citizen input opportunity given at the at the BPAC Meetings. Mr. Bolenbaucher again took a moment to invite the community to come forward with legitimate matters relating to the Baytown Police Department (BPD) as well as any ideas and concerns. He gave accolades to Chief Stringer as he already had been able to address some of the concerns that were brought to the BPAC. In addition, the BPAC looked forward to move their meetings outside of the Council Chambers. Mr. Bolenbaucher noted the BPAC looked to move as early as their next meeting to engage in the public. On one last note, Mr. Bolenbaucher wished to acknowledge that Chief Stringer had addressed cultural diversity concerns of the community as well as the concerns of the BPAC. Council Member Johnson inquired how Mr. Bolenbaucher believed Council should encourage citizen input and Mr. Bolenbaucher replied with coming to the BPAC Meetings. Citizens could reach their representative, or whoever they felt comfortable with, to address their concerns. Council Member Johnson further questioned if the information was getting out to citizens that encouraged them to go to the Committee. He suggested Channel 16, City's websites, and social media. He asked if the same efforts were given to encourage people to interact with Council and City Council Regular Meeting Minutes May 26,2022 Page 26 of 33 other committees, was that being done with the BPAC. Mr. Bolenbaucher noted just that day he connected with Multimedia Specialist Lloyd Lively, and the BPAC did approve to move forward with recording a fifty-nine second informercial. Council Member Johnson gave another suggestion regarding the three upcoming celebrations on Juneteenth, July 3`', and July 4`h. He asked if the Committee had thought about getting a booth out there and passing out information. Mr. Bolenbaucher replied the BPAC would love to; however, their Committee did not have a budget set for such things and the BPAC was confined as •an information gathering committee. Furthermore, Council Member Johnson questioned why did Mr. Bolenbaucher believed the BPAC had been having a lack of quorum for the past few months. Mr. Bolenbaucher answered it was in part due to the vacancies and that the BPAC had went through several months of different transitions. Council Member Johnson explained he asked those questions because the BPAC had done great work and he wished for them to continue. With the buckets of information, the BPAC had taken it, ran with it, came up with solutions, and brought it back to Council. Council Member Johnson would not like to see a lose in momentum, but to put the pedal on the gas a bit more. If the BPAC needed a budget to go out to events that were sponsored by the City, he believed that should not be an issue. City Manager Rick Davis stated he would collaborate with Chief Stringer on that initiative to see what they could do. Mr. Bolenbaucher noted the BPAC had been working with BPD on several upcoming events that were not monetarily heavy. Mayor Capetillo added that pop- up park events would be an excellent opportunity. Council Member Johnson gave further thanks to the BPAC Committee Members and wished to see the momentum carry on. He lastly noted that he would like to hear about the citizens coming in and giving input. Council Member Alvarado commented her appreciation for the BPAC in taking the initiative to go out in to the community. She mentioned that there has been expansions of the Civic Associations throughout each of the districts. Council Member Alvarado suggested that could perhaps be an avenue for inviting BPAC Committee Members to come and speak to those civic and neighborhood associations. Mr. Bolenbaucher replied that would be appreciated. 11. CONSENT A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 11.a. through 11.k. 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 a. Consider an ordinance authorizing a Professional Services Agreement with Huitt- Zollars, Inc. to perform construction management and inspection services for the Public Safety Facility. City Council Regular Meeting Minutes May 26,2022 Page 27 of 33 ORDINANCE NO. 15,105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HUITT-ZOLLARS, INC., FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE PUBLIC SAFETY FACILITY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED EIGHT THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($508,700.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the purchasing of vehicle lifts, tire changing machines,and wheel balancers from the O'Reilly Auto Enterprises LLC through Sourcewell (Contract 032521) for the Public Safety Facility. ORDINANCE NO. 15,106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED NINETY-SIX THOUSAND EIGHT HUNDRED FORTY-SEVEN AND 79/100 DOLLARS ($296,847.79) TO O'REILLY AUTO ENTERPRISES, LLC, FOR THE PURCHASE OF VEHICLE LIFTS, TIRE CHANGING MACHINES, AND WHEEL BALANCERS FOR THE PUBLIC SAFETY FACILITY,THROUGH THE SOURCEWELL COOPERATIVE CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the purchase of a 12,000-gallon fuel tank and three (3) dispensers from Fuel Control Solutions through the Texas Local Government Purchasing Cooperative (via Buy Board Contract#590-19.) for the Public Safety Facility. ORDINANCE NO. 15,107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-ONE THOUSAND FOUR HUNDRED ELEVEN AND 55/100 DOLLARS ($131,411.55) TO FUEL CONTROL SOLUTIONS, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF A 12,000-GALLON FUEL TANK AND THREE (3) DISPENSERS FOR THE PUBLIC SAFETY FACILITY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes May 26,2022 Page 28 of 33 d. Consider an ordinance authorizing project acceptance and release of retainage to SKE Construction, LLC for Annual Waterline Rehabilitation Project for the First Year Term. ORDINANCE NO. 15,108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2021 ANNUAL WATERLINE REHABILITATION PROJECT - YEAR 1; AUTHORIZING FINAL PAYMENT IN THE SUM OF FIFTY-THREE THOUSAND SEVEN HUNDRED FIFTEEN AND 44/100 DOLLARS ($53,715.44) TO SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance awarding a contract for the demolition of a commercial structure located at 2701 Market Street, also known as 2615 Market Street, Baytown,Texas, to PfP Abatement Group, LLC. ORDINANCE NO. 15,109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PFP ABATEMENT GROUP, LLC, FOR THE DEMOLITION OF A COMMERCIAL STRUCTURE LOCATED AT 2701 MARKET STREET,ALSO KNOWN AS 2615 MARKET STREET,BAYTOWN, TEXAS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SIXTY-TWO THOUSAND SIX HUNDRED EIGHT AND 45/100 DOLLARS ($162,608.45); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase and installation of playground equipment from Kraftsman, LP, as part of the Town Square Green Space Improvement Project through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 15,110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY- FOUR THOUSAND FOUR HUNDRED EIGHTY-FIVE AND 57/100 DOLLARS ($134,485.57) TO KRAFTSMAN, L.P., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR THE TOWN SQUARE GREEN SPACE IMPROVEMENT PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes May 26,2022 Page 29 of 33 g. Consider an ordinance authorizing the purchase and installation of playground equipment and materials for the Newcastle Renovation Phase I&II project from Kraftsman, LP through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 15,111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED SEVENTY- NINE THOUSAND NINE HUNDRED NINETY-SIX AND 55/100 DOLLARS ($279,996.55) TO 'CRAFTSMAN, L.P., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AND MATERIALS FOR THE NEWCASTLE RENOVATION PHASE I AND PHASE II PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of Origami Risk LLC Risk Management Information System (RMIS) software and services using an established interlocal agreement with the City of Garland, Texas. ORDINANCE NO. 15,112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($90,350.00) TO ORIGAMI RISK LLC, FOR THE PURCHASE OF RISK MANAGEMENT INFORMATION SYSTEM (RMIS) SOFTWARE AND SERVICES, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF GARLAND; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider a resolution authorizing the revision of Contract#20-065-113-C310 with the Texas General Land Office related to the Disaster Recovery Fund (CDBG-DR). RESOLUTION NO. 2784 A RESOLUTION OF THE CITY COUNCIL OF BAYTOWN, TEXAS, AUTHORIZING THE REVISION OF CONTRACT NO. 20-065-113-C310 WITH THE TEXAS GENERAL LAND OFFICE (GLO) RELATED TO THE DISASTER RECOVERY FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RECOVERY PROGRAM. j. Consider a resolution authorizing an assignment of Tax Abatement Agreement with Port 10 Logistics, LLC,to HSRE Fund VII Holding Company, LLC for Building 1. City Council Regular Meeting Minutes May 26,2022 Page 30 of 33 RESOLUTION NO. 2785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ' TEXAS, CONSENTING TO THE ASSIGNMENT OF A TAX ABATEMENT AGREEMENT FROM PORT 10 LOGISTICS TO HS PORT 10 LOGISTICS INVESTORS, LLC; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. k. Consider a resolution authorizing an assignment of Tax Abatement Agreement with Port 10 Logistics, LLC,to HSRE Fund VII Holding Company, LLC for Building 7. RESOLUTION NO. 2786 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONSENTING TO THE ASSIGNMENT OF A TAX ABATEMENT AGREEMENT FROM PORT 10 LOGISTICS TO HS PORT 10 LOGISTICS INVESTORS, LLC; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 12. APPOINTMENTS a. Consider one (1) appointment to the Baytown Police Advisory Committee. Mayor Capetillo relayed the item was to fill one of those vacancies on the Baytown Police Advisory Committee (BPAC) and that the appointment was the Mayor At-large position, which they had received an application from Mr. Michael Springer. A motion was made by Council Member Charles Johnson and seconded by Council Member Jacob Powell to approve the appointment of Mr. Michael Springer to the Mayor At-Large position to the Baytown Police Advisory Committee. 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 three (3) appointments to the 2023 Texas Legislature Ad-Hoc Committee. Mayor Capetillo prefaced that the item, in his perspective, was that it was always a team effort on the dais. He could work with staff,but he believed in having Council Members involved in sharing the workload—especially in legislation. The full Council had the opportunity to input anything on any issue of the City. Mayor Capetillo believed it was advantageous for Council to develop an Ad City Council Regular Meeting Minutes May 26,2022 Page 31 of 33 Hoc Committee. His recommendation was for Council Members for Districts 4, 5, and 6 to work on intergovernmental affairs, track legislation, and recommend to Council periodically information or reports. Mayor Capetillo was glad that Council was ahead of the game as they were previously far behind. A motion was made by Council Member Charles Johnson and seconded by Council Member Mike Lester to approve Council Member Heather Betancourth of District 4, Council Member Jacob Powell of District 5, and Council Member Mike Lester of District 6 as the three (3) appointments to the 2023 Texas Legislature Ad-Hoc Committee. However, there was discussion prior to the vote. Council Member Johnson asked that given the fact that Council could not speak to anyone on the Ad Hoc Committee because it would bring a quorum, did Council still have the opportunity to reach out to Public Affairs Director Thomas Reeves and Mayor Capetillo confirmed so. Council Member Alvarado commented that she somewhat agreed with Mayor Pro Tem Presley. She clarified she had nothing against getting the Ad Hoc Committee,but believed legislation really affected the entire City and the priorities that Council looked at. In other Ad Hoc Committees, Council Members put together other community members to serve. Council Member Alvarado was glad that Council was ahead and she wished to keep an eye on that. She believed Mr. Reeves and his team were doing a great job. If Council would make more Work Sessions to talk about things and Council Members would be going to Mr. Reeves, would that make it null to have a separate Ad Hoc Committee?The item was unique from Council Member Alvarado that she would think that Council would want to have a full Council input during Work Sessions. Mayor Capetillo replied that would still take place. The idea for the three Council Members were for them to work with Mr. Reeves and the legislative consultant as they tracked matters. Then, Council could visit those items when it came to either a Work Session or a Council Meeting. Mayor Capetillo did not believe it would take up much time and would probably be a one-way communication as other years. Council Members would then have the opportunity to voice their favor or disfavor. Mayor Pro Tern Presley communicated that he would vote no. He believed in Ad Hoc Committees on special circumstances and did not believe it was needed regarding the current item. Mayor Pro Tern Presley was opposed to any meeting that only included a couple of Council Members. Council Member Powell inquired for the end date of the committee. Mayor Capetillo responded with when the session ended unless there was a special session that would occur. Council Member Lester added his commentaries on his experience with legislature over the years. His role with Mr. Reeves, for example, would be to call Mr. Reeves relaying that the committee convened and would need somebody from Council to make a statement or something of that nature. That was where the Ad Hoc Committee would come from. It gave Mr. Reeves a focal point with two or three Council Members instead of trying to reach out to the Mayor and the rest of Council. To have a more focused group, with the guidance and direction of the whole Council, Council Member Lester believed it would be much more convenient. He assure the Ad Hoc Committee would not represent something that the whole Council did not agree with. The vote for the motion on the table was as follows: City Council Regular Meeting Minutes May 26,2022 Page 32 of 33 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: Mayor Pro Tem Chris Presley Approved c. Consider the confirmation of the City Manager's appointment of the City Attorney. City Manager Rick Davis relayed the City had come to the conclusion of recruiting its City Attorney. Mr. Davis announced that individual to be Scott Lemond and further discussed why Mr. Lemond had been chosen. Mr. Lemond was present in the audience and Mr. Davis encouraged Council to get to know and meet with him. Based upon the confirmation, Mr. Lemond would start on June 20th. Mr. Davis ended on the note commending Interim City Attorney Trevor Fanning for his service and also the legal team. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth to approve Scott Lemond as the confirmation of the City Manager's appointment of the City Attorney. However, there was discussion prior to the vote. Council Member Johnson commented that he had received a few phone calls about Mr. Lemond speaking of him in the highest manner. Council Member Johnson believed having a person of integrity in that position, with staff, would go a long way for the city. Likewise, he thanked Mr. Fanning and commended his work. Council Member Johnson wished Mr. Lemond much luck in his position. The vote for the motion on the table 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 13. MANAGER'S REPORT First, City Manager Rick Davis thanked Council for supporting City Attorney Scott Lemond. Mr. Davis also wished to thank the Planning Department. Principal Planning Manager Francesca Linder had done a spectacular job in shepherding the Comprehensive Plan. Mr. Davis recognized Planning and Development Director Martin Scribner as well for guiding that process. Likewise, he thanked Public Works and Engineering Director Frank Simoneaux, Assistant Director Andrea Brinkley, and the Finance Department for their work on the Capital Improvement Plan. Mr. Davis City Council Regular Meeting Minutes May 26,2022 Page 33 of 33 was grateful for the Finance Committee and Council Member Betancourth's guidance on that. Lastly, Mr. Davis gave kudos to the Baytown Police Advisory Committee (BPAC) and commended their work. 14. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Mike Lester as it relates to Council District No. Six. Council Member Lester gave the District Report on District 6 to Council. He first wished to encourage any citizen in District 6 that was interested in serving on a committee. District 6 did have a vacancy on the Baytown Police Advisory Committee(BPAC), and Council Member Lester had some new applications that he would be reviewing. In addition, Council Member Lester had a vacancy on the Community Development Advisory Committee(CDAC) as well. The Roseland Park Clubhouse was mentioned in the Capital Improvement Plan, and Council Member Lester encouraged everyone to visit as it was coming along. On another note, a few streets have had some overlays, such as: Bowie, Rosalie, and others. McKinney was still not finished,but Council Member Lester had been assured by Public Works and the City Manager that it would get finished. Ditch maintenance would be continued again as hurricane season was coming up. On the Strategic Plan issues, there would be upcoming traffic light signalization change and outcome. Lastly, Council Member Lester had been told that there would be come street lighting coming on Alexander. 15. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the May 26,2022, City Council Regular Meeting at 8:58 P.M. 4 I . • „ 4 _�...�+�YTQI.e%, 0h� Angela Ja15. son it}/C ,� 1 4d' 1 : - "City of Baytow hR �gl�ti.4�j mn �! ' n 41,!'n,...,i..*u'- � t V