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2022 07 14 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 14, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 14, 2022, at 6:34 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 Council Member Charles Johnson Mayor Pro Tern Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the July 14,2022,City Council Regular Meeting with a quorum present at 6:34 P.M., all members were present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Laura Alvarado. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on June 9,2022. A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob Powell to approve the minutes of the City Council Work Session and Regular Meeting held on June 9, 2022, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes July 14,2022 Page 2 of 32 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognition of Mr. Daniel "BeBe" Garcia for lifetime accomplishment regarding the most successful fast pitch team in the state. Mayor Capetillo opened the item introducing Mr. Daniel "BeBe" Garcia and his work in coaching the Baytown Hawks. The Baytown Hawks were a Latin American fastpitch softball team that originated in Baytown. Before the formal recognition, Mayor Capetillo announced there were two individuals that had signed up to speak on the item. Former Council Member Mario Delgado of District 1, after a few introductions, spoke on his district and its deep roots in baseball. Mr. Delgado relayed the legacy Mr. Garcia and his father set, such as establishing a renowned softball tournament in Houston called the State Latin American Tournament. Mr. Garcia, as his father, organized local neighborhood kids into five-time state champions over a period of ten years. Many of those former players were present in the audience that night to applaud Mr. Garcia's recognition by the City of Baytown. Mr. Delgado expressed his appreciation and profusely thanked Mr. Garcia. Mr. Luis Rodriguez, the second citizen speaker, had no further comments. Mayor Capetillo proceeded to recite whereas in 1957, Coach Daniel "Bebe" Garcia started the Baytown Hawks Athletic Club and over the past 65 years led the team to great success with twelve Latin American State Championships and two ISC World Tournament appearances. The Baytown Hawks were the first team to host the ISC Regional Tournament and were the first Hispanic team to compete in the Houston Mayor City Fastpitch Softball League. In 1994,Mr. Garcia was inducted in to the Amateur Softball Association Hall of Fame and in 1996 was inducted in to the Latin American Hall of Fame. Therefore, Mayor Capetillo recognized Mr. Garcia who then gave a few words extending his appreciation to the Mayor and everyone present. 3. PROPOSED SPECIAL USE PERMIT AT 3404 AND 3406 WISCONSIN STREET a. Conduct a public hearing for a Special Use Permit (SUP) for the reconstruction and expansion of a non-conforming use and homeless shelter located at 3404 and 3406 Wisconsin Street, on approximately 0.25 acres of land, zoned Mixed Residential at Low to Medium Densities (SF2). At 6:48 P.M., Mayor Capetillo opened the public hearing for a Special Use Permit (SUP) for the reconstruction and expansion of a non-conforming use and homeless shelter located at 3404 and 3406 Wisconsin Street, on approximately 0.25 acres of land, zoned Mixed Residential at Low to Medium Densities (SF2). Planning and Development Assistant Director Chris Chavis summarized the subject matter of the hearing and noted the item before Council was a reconstruction of an existing homeless shelter located in Old Baytown, or also known as the Historic West End. The property was approximately 0.25 acres and currently developed. Mr. Chavis displayed images of that development as well as a site plan of what the applicant was proposing to reconstruct. The applicant wished to demolish the entire site,combine the two lots,and rebuild the homeless shelter's men's dorm and administration City Council Regular Meeting Minutes July 14,2022 Page 3 of 32 building. Mr. Chavis explained the applicant wanted to swap the location of those two structures. With the proposal, the applicant also sought to build a common building to support laundry and a common kitchen facility. Currently, there was a large facility located on the Minnesota side of the street where the family services were held. The individual men's and women's dorms as well as the administration building were held off of Wisconsin Street. Mr. Chavis additionally displayed images of the interior of the proposed construction and noted City staff believed the proposal would improve the area. The structures on the site were from 1930, so it was aging and becoming harder to maintain. The new construction, however, was proposed to be of residential character.Mr.Chavis relayed staff recommended approval with two conditions: 1) that it met the compatibility standards for residential development, and 2) that it was in conformance with the site plan presented before Council. As that concluded staffs summary, Mayor Capetillo noted three individuals signed up to speak. Mr. Bill Eckert, Executive Director of the Bay Area Homeless Services, proceeded to introduce himself and his organization. Mr. Eckert explained both of the original properties were designed as single-family homes and already more than fifty years old when his organization purchased them. In the next forty years,the Bay Area Homeless Services built a women's shelter on the 3406 property, demolished a dilapidated garage apartment on the 3404 Wisconsin property, and built the homeless family center on the Minnesota side of their campus. The 3404 Wisconsin property was used as their men's shelter, while their 3406 Wisconsin property was used as their administrative office. Mr. Eckert further shared their shelter's analytics and current services. For the past five years, the organization's board of directors planned to update the campus on the Wisconsin side. During those years, Mr. Eckert noted they had added expensive expenditures in an effort to make the buildings last. The buildings were now well past their functioning use and maintenance expenses were fiscally irresponsible for their organization.Mr.Eckert believed the plan presented to Council brought value to the community and allowed their agency to provide the best level of services to their residents. With that, Mr. Eckert requested Council to approve the plan. Next,Mr. Paul Bonnette from PGAL Architects spoke to Council. Since the end of last year,PGAL Architects assisted the Bay Area Homeless Services with architectural services and would continue to do so in their development. Mr. Bonnette assured Council the development would meet the residential look and aesthetic of the neighborhood. As Mr. Eckert had explained the services they provided, Mr. Bonnette added PGAL Architects wished to help them help the community as well. Lastly,Ms. Pete Lester,Director of the Bay Area Homeless Services, spoke on the item and wished for Council to know that the plan was something they had worked on for a long time. It was not a want, but a need as their organization could not maintain those buildings anymore. She assured the structures proposed to be built would conform to the community. Ms. Lester shared Mr. Bonnette had designed wonderful buildings that would blend in with the homes on the street of Wisconsin.The plan had been in place for two years and was presented to the board two years ago. Ms. Lester relayed the Directors of the Bay Area Homeless Services were in full support. City Council Regular Meeting Minutes July 14,2022 Page 4 of 32 With there being no further questions from Council, Mayor Capetillo closed the public hearing at 6:57 P.M., for a Special Use Permit (SUP) for the reconstruction and expansion of a non- conforming use and homeless shelter located at 3404 and 3406 Wisconsin Street,on approximately 0.25 acres of land, zoned Mixed Residential at Low to Medium Densities (SF2). b. Consider an ordinance authorizing a request for a Special Use Permit (SUP) for the reconstruction and expansion of a non-conforming use, located at 3404 and 3406 Wisconsin Street, on approximately 0.25 acres of land, zoned Mixed Residential at Low to Medium Densities (SF2). Planning and Development Assistant Director Chris Chavis wished to add to the item that it had been reviewed by the Planning and Zoning Commission, whom recommended approval. A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley to approve Ordinance No. 15,130,related to Item 3.b. However,there was discussion prior to the vote. Council Member Alvarado commented Mr. Bill Eckert, a citizen speaker from the previous item, had been invited to talk to the West Baytown Civic Association as the Bay Area Homeless Services buildings were within their neighborhood. Council Member Alvarado shared that the neighborhood was supportive. In fact,the organization was invited to be a continued partner of the association, as they were neighbors. The association expressed they were happy the buildings would blend into their neighborhood. Council Member Alvarado thanked Mr. Eckert for speaking with the association. On a final note,Mayor Capetillo encouraged everyone to tour the facilities and offered good words on the Bay Area Homeless Services' behalf. While the organization had done a remarkable job with the resources they had, Mayor Capetillo believed the buildings did need to be updated. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT (SUP) FOR THE RECONSTRUCTION AND EXPANSION OF A NON-CONFORMING USE, LOCATED AT 3404 AND 3406 WISCONSIN STREET, ON APPROXIMATELY 0.25 ACRES OF LAND, ZONED MIXED RESIDENTIAL City Council Regular Meeting Minutes July 14,2022 Page 5 of 32 AT LOW TO MEDIUM DENSITIES (SF2); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED REZONING AT 715 ALAMO STREET FROM GC TO SF2 a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 5.26 acres of land located at 715 Alamo Street from a General Commercial(GC)district to a Mixed Residential at Low to a Medium Densities (SF2)zoning district. At 7:00 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 5.26 acres of land located at 715 Alamo Street from a General Commercial (GC) district to a Mixed Residential at Low to a Medium Densities (SF2) zoning district. Planning and Development Director Martin Scribner summarized the subject matter of the hearing for Council, and noted the property in question had a request for a rezone from GC to SF2 to build about twenty-five single family detached homes. Also,the planned lot sizes would be 5,400 square feet. Considering the location and surrounding existing uses, staff did support the rezone request. The item went before the Planning and Zoning Commission in June with no objections; therefore, Mr. Scribner relayed the Commission recommended Council's approval of the request. With there being no one signed up to speak regarding the item, Mayor Capetillo closed the public hearing at 7:01 P.M., concerning a request to amend the official zoning map to rezone approximately 5.26 acres of land located at 715 Alamo Street from a General Commercial (GC) district to a Mixed Residential at Low to a Medium Densities (SF2) zoning district. b. Consider an ordinance concerning a request to amend the official zoning map to rezone approximately 5.26 acres of land located at 715 Alamo Street from a General Commercial (GC) district to a Mixed Residential at Low to Medium Densities (SF2) zoning district. A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to approve Ordinance No. 15,131, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes July 14,2022 Page 6 of 32 ORDINANCE NO. 15,131 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 5.26 ACRES LOCATED AT 715 ALAMO STREET, LEGALLY DESCRIBED AS PARCEL G IN THE SAN JACINTO CROSSING SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A GENERAL COMMERCIAL(GC)ZONING DISTRICT TO A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) 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. 5. PROPOSED ANNEXATION OF APPROXIMATELY 62.02 ACRES GENERALLY LOCATED EAST OF N MAIN STREET BETWEEN EAST WALLISVILLE ROAD AND FM 1942 a. Conduct the first public hearing regarding the proposed annexation of approximately 62.02 acres generally located east of North Main Street between East Wallisville Road and FM 1942. At 7:02 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of approximately 62.02 acres generally located east of North Main Street between East Wallisville Road and FM 1942. Planning and Development Director Martin Scribner summarized the subject matter of the hearing and noted the property was requested to be annexed by Castle Rock Communities to add more single-family detached homes to the Bay Creek subdivision. Mr. Scriber imparted the subdivision consisted of seventy-one acres that were annexed and zoned to Mixed Residential at Low to a Medium Densities (SF2) a year ago. He indicated that Castle Rock Communities were currently undergoing the rezoning process for that property, as well, which would be completed around the same time the annexation would be finalized. As the Mayor mentioned, the item was the first public hearing in the property's annexation process;thus, Council would see the item several more times before it was finalized. With there being no questions nor comments from Council, and no one had signed to speak regarding the item,Mayor Capetillo closed the public hearing at 7:03 P.M.,regarding the proposed annexation of approximately 62.02 acres generally located east of North Main Street between East Wallisville Road and FM 1942. b. Consider an ordinance authorizing a Service Agreement with Castlerock Communities, LLC, concerning approximately 62.02 acres of land located generally east of North Main Street between East Wallisville Road and FM 1942. City Council Regular Meeting Minutes July l4,2022 Page 7 of 32 Council Member Betancourth requested a description of the agreement itself. Planning and Development Director Martin Scribner responded that it was a standard Service Agreement that mirrored what was already agreed upon on the southern part of that same development. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem Charles Johnson to approve Ordinance No. 15,132, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A SERVICES AGREEMENT WITH CASTLEROCK COMMUNITIES, LLC, CONCERNING APPROXIMATELY 62.02 ACRES OF LAND SITUATED IN THE GEORGE ELLIS LEAGUE, A-21, HARRIS COUNTY, TEXAS, LOCATED GENERALLY EAST OF NORTH MAIN STREET BETWEEN EAST WALLISVILLE ROAD AND FM 1942, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED TEXT AMENDMENTS TO THE UNIFIED LAND DEVELOPMENT CODE FOR MIXED-USE ZONING DISTRICT a. Conduct a public hearing concerning the proposed text amendments to the Unified Land Development Code regarding the Mixed-Use Zoning District. At 7:04 P.M., Mayor Capetillo opened the public hearing concerning the proposed text amendments to the Unified Land Development Code regarding the Mixed-Use Zoning District. Planning and Development Assistant Director Chris Chavis summarized the subject matter of the hearing for Council, and noted the City was attempting to use the Mixed-Use Zoning District to balance the area out. Currently, the area was operating as a Commercial Zoning District. Mr. Chavis conveyed staff hoped to introduce some residential components to give that area some balance and so that it could meet up to its Mixed-Use Zoning name. Council Member Presley requested the specifics of the residential components. Mr. Chavis replied staff was looking at duplexes, single-family attached units, and a mixed-use building. At that time, the Mixed-Use Zoning District did not accommodate any of those that he mentioned. Staff hoped to introduce that into the district because of development interests, particularly in the duplex model. The district was located with small lots, so people did not want to place single-families City Council Regular Meeting Minutes July 14,2022 Page 8 of 32 there because the lots were on streets like Pruett, West Main, etc., and looked more towards a denser product, and the item before Council was the City's ability to accommodate that. City Attorney Scott Lemond pointed out there was a red-lined copy of the ordinance before Council. Mr. Lemond assured there were no substantive changes to the original copy provided,but staff did wordsmith the ordinance a bit. Staff wanted to be more consistent with the language used in the code. In regards to the term "mixed-used building," Council Member Powell requested clarification on whether staff was trying to better define what a mixed-use building was. Mr. Chavis confirmed so and explained the City had a definition, but it had not been assessed for the Mixed-Use Zoning District. Thus, staff wished to move it over to the Unified Land Development Code to include that. Council Member Lester requested the definition of a mixed-use building. Mr. Chavis replied mixed-use buildings allowed for commercial and residential uses inside of one building. Whether vertical or horizontal, it was the developer's choice. In the older part of town, Council Member Presley noted there were instances of folks converting commercial properties into single-family residential properties. On the mixed-use building on the commercial use, he understood there was a minimum square footage—or it had to have a particular commercial use. Mr. Chavis confirmed for a mixed-use building, there would be a commercial occupancy for that particular structure. With there being no one signed up to speak regarding the item, Mayor Capetillo closed the public hearing at 7:07 P.M., concerning the proposed text amendments to the Unified Land Development Code regarding the Mixed-Use Zoning District. b. Consider an ordinance for the proposed text amendments to the Unified Land Development Code regarding the Mixed-Use Zoning District. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris Presley to approve Ordinance No. 15,133, related to Item 6.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.07 "DENSITY AND USE," TABLE 2-1 "NET DENSITY/ ALLOWED USE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, City Council Regular Meeting Minutes July 14,2022 Page 9 of 32 TO ADD A COLUMN FOR "UP TO 15, MU;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2-2 "NON-RESIDENTIAL USES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2-4 "RESIDENTIAL USES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS," ITEM I AND ITEM 14A, OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 1 "PROPERTY DEVELOPMENT STANDARDS," TABLE 3-1 "PROPERTY DEVELOPMENT STANDARDS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 7. BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT BUDGET FOR FISCAL YEAR 2022-23 a. Receive the Fiscal Year 2022-23 Budget of the Baytown Crime Control and Prevention District. Finance Director Victor Brownlees presented the item and reported to Council that the budget was approved by the Baytown Crime Control and Prevention District("CCPD")on Tuesday,July 12th. Mr. Brownlees drew Council's attention to one change in the budget: the movement of staffing from the budget to the General Fund with a consequent transfer of equipment purchases from the General Fund to the CCPD. Mr. Brownlees stated there was a neutral effect on both funds. Council Member Lester was pleased to hear that staff had moved personnel costs out of the CCPD budget and into the General Fund. Likewise, he liked placing the equipment purchases into the CCPD fund. He believed it was a long time coming and appreciated staffs efforts in making that happen. 8. DISCUSSIONS a. Receive and discuss a presentation by Bird Scooters regarding bringing their scooter business to the City of Baytown. Mayor Capetillo announced an individual, Mr. David Isaac, had signed up to speak on the item. City Council Regular Meeting Minutes July 14,2022 Page 10 of 32 (Zoom) Mr. Isaac noted he utilized scooters often and wished to move Council to use proactive leadership when it came to the safety of citizens. He relayed citizens would like to use the scooters in the future, but it should be a part of the process to inform the public on being safe by using the right training and safety gear to ride the scooters. Other than that, Mr. Isaac was in favor of the item as it related to the economic development in their town. Economic Development Manager Bret Gardella then introduced Mr. Mike Butler from Bird Scooters and his company. Bird Scooters had analyzed Baytown's market and believed that their transportation vehicle would work in the City. Mr. Butler presented a PowerPoint presentation that began with further introductions of the company, Bird Scooters. One note made was that the scooters were not only for large cities, but smaller cities as well. Bird Scooters' services were all done through a phone application, of which Mr. Butler listed the steps. In regards to pricing, unlocking a vehicle would cost $1 in addition to a per-minute fee. However, discount programs would be available for veterans, senior citizens, and healthcare workers. Moreover, Mr. Butler relayed there was a lot of programming and input done by the City beforehand, and Bird Scooters would work with the City to designate certain areas, or zones, to throttle down speeds. For example, if a vehicle entered a certain zone, it would slow down. If there were certain locations where the City did not want any vehicle activity,there would be an invisible fence where the vehicle would slow down and the rider would be notified that they cannot ride beyond that point. In regards to economic impact to the community, it was estimated that $100 million was spent by Bird riders in mostly food and beverage spaces. Also,Bird Scooters paid out$8.4 million on local business over the last few years that benefited from their program. Mr. Butler added his company had a localized Texas network when it came to operations. The network ran some of the solutions in the background and were not necessarily on-the-ground operations—that would be done by individuals or businesses living there. Bird Scooters would own the equipment, the relationship with the City, and the insurance policies. Their company also provided a data dashboard that included where residents were going. Mr. Butler suggested the information could influence future programs or city planning. In conclusion of his presentation, Mr. Butler noted there was no cost to the program. The City would have access to a dedicated Account Manager from Bird Scooters to ensure the success of their program and data dashboard. The number of vehicles would depend on the local rider demand, and the launch was largely dependent on when an approval document would be executed. Bird Scooters recommended a twelve-month pilot be done via an Operating Agreement. Council Member Betancourth commented she was familiar with the transportation method and was happy to see from Bird Scooters a process in place for pickup and clean-up. However, she noticed in other cities that process had not been effective and requested Mr. Butler to talk about that and how they plan to mitigate the issue. Mr. Butler could not speak for other companies, but Bird Scooters had operating procedures to mitigate that issue both proactive and relatively. For the proactive side, there were rebalancing efforts, which meant moving vehicles from one location to another. The reactive side was in terms of going out and responding to inquiries from the City Council Regular Meeting Minutes July 14,2022 Page 11 of 32 community, or the City, about moving separate vehicles to park properly. Next, Mr. Butler addressed that there were no staffing issues as they only ran their business if they had staff in place. Furthermore, Council Member Betancourth gave a hypothetical instance where the City would enter into an agreement and the scooters were then not picked up and did not meet the City's expectations. She asked what kind of recourse would the City have to get out of such agreement? Mr. Gardella communicated that would be the reason why the City would start with a pilot program. Although Bird Scooters recommended a twelve-month pilot program, he suggested it could be as short as six months.Also,a unique part about Bird Scooters was that their fleet manager would be someone local. Thus, an entrepreneurial type of job would be created in Baytown who would be responsible to and for the City. Mr. Gardella further assured Council that the scooters would work in Baytown. Council Member Betancourth also wondered if there was a certain area in mind for the scooters. Mr. Gardella replied Bird Scooters had nailed down about two or three locations, but the City had not specified where it would like to see them. He made a note that someone, last summer,had tried scooters on Texas Avenue but it did not have the success level anticipated. Mr. Gardella reasoned there was COVID at the time and a different marketing level for their type of vehicle. On the other hand, Mr. Gardella believed Bird Scooters had a better marketing vehicle. In terms of locations, he perceived the Hotel Convention Center and bike trail system to be good locations as well as Texas Avenue. Northward, Mr. Gardella believed Garth Road would be challenging because of traffic and did not think the City should introduce that type of vehicle at that time. Alternatively, there were nice bike trails on San Jacinto Boulevard. Regardless, Mr. Gardella noted the City would have to have further conversations on that as the east and west side of the City would also want to have scooters. Council Member Alvarado added the library could be a possible location. If the City were to come into an agreement, Mayor Capetillo questioned if they were allowing Bird Scooters to have only that type of amenity within the City. Mr. Gardella clarified the City was not signing an exclusive right for Bird Scooters to do that, and that Bird Scooters was the only large company that approached the City for such amenity. He believed it was a good analysis to find out if it would work in Baytown. As long as Bird Scooters were willing to work on a trial basis, he believed it would benefit the City to figure out if it did work. Mayor Capetillo asked a few follow- up questions that resulted to why the City needed an agreement.Mr. Gardella replied Bird Scooters would be using a lot of the City's right of ways and the vehicles might use city power depending on where they were docked. Also,with the City thinking about transportation on their trail system, Mr. Gardella wanted to make sure there were safety regulations so the City did not undertake a lot of liability in that respect. Mr. Butler interjected to clarify their scooters did not have any "docking stations" nor was there any type of construction or power needed on the City's right of ways. He explained that meant they could move the deployment zones to whichever areas they saw fit. The reason Bird Scooters sought an agreement was to set those expectations with the City. The biggest factor, as Mr. Gardella mentioned, was that Bird Scooters would use city property in some fashion. In closing, Mr. Gardella relayed staff would continue to work on the endeavor. As the City moved forward and obtained an agreement, the City Attorney would ratify that. Once ready to present, Mr. Gardella stated it would be put back on the agenda for Council's approval. City Council Regular Meeting Minutes July 14,2022 Page 12 of 32 b. Discuss proposed agreement for bringing the Battleship Texas to the Bayland Marina. Mayor Capetillo announced Mr. David Isaac had signed up to speak regarding this item. (Zoom) Mr. David Isaac briefly discussed a bit about the island and deemed that the Battleship Texas would accommodate the area well. The Battleship would give a unique experience that residents had never seen before. Mr. Isaac asked Council to have an open ear and diligently work for the people that had been trying to bring the Battleship home to Baytown. City Manager Rick Davis then spoke on the item stating the agreement was the product of using the model agreement the City of Corpus Christi utilized with the Lexington. It was a Lease and Participation Agreement with the objective to provide a framework by which the City could facilitate and participate in the permanent location of the Battleship Texas to Bayland Island. Mr. Davis presented a chart,via PowerPoint,that captured the feedback of Council with regard to what provisions were originally proposed by the Battleship Texas Foundation that the City would be willing to integrate into an agreement. In basic terms, the elements of the agreement were that the City would lease certain submerged and other city-controlled properties on Bayland Island for the citing of the battleship. It would likely be a forty-year term which could be renewable. The monetary participation would come in the form of reimbursed qualified expenses associated with citing the battleship, constructing facilities, and providing other accommodating elements. Mr. Davis noted that utilities were available on the island. With regard to wastewater, the City was building out the island with a new lift station that should handle the complete build-out. Mr. Davis indicated there were also electrical facilities and a twelve-inch waterline in place; therefore, the City was fully able to accommodate the battleship in terms of utilities. The Foundation, in turn, would be responsible for the connection and usage of said utilities. Revenues would be generated by fundraising, and other revenues generated would be controlled by the Foundation. The City would agree not to engage in a separate fundraising endeavor for the Battleship at the same time as the Foundation. Mr. Davis then displayed a satellite image of the proposed placement of the battleship. The next steps for bringing the battleship to Baytown were listed as the following: 1) Council's feedback that night; 2) the finalization of the proposed agreement; and 3) the submission of that draft agreement to the Battleship Texas Foundation. Mr. Davis presumed there may be some back and forth based on what was determined that night. Their level of participation was what had not been determined in the agreement,but all other elements were in the agreement as per Council's earlier feedback. With that, Mr. Davis was happy to take any additional feedback from Council. Mayor Capetillo had understood the costs of the dredging and placement would not be the responsibility of the City, but rather, of the Foundation. Mr. Davis believed the Foundation understood the fundraising would be focused on all the elements associated with citing the Battleship. Hypothetically, the City could then reimburse certain qualified expenses up to a not- to-exceed number. There were no specificity on the agreement as per the responsibilities for the City in terms of dredging, construction of the museum store, etc. It was simply a reimbursement. City Council Regular Meeting Minutes July 14,2022 Page 13 of 32 Council Member Alvarado had a comment over the beginning as there seemed to have been a sense of urgency for some of the proponents of the battleship.Thus,she had spoken with Mr.Davis to ensure that the City was meeting any present timelines. Mr. Davis had gone back to the Foundation and determined they were fine. Council Member Alvarado concluded it was not that the City was lagging on a decision, but working in the confines of the timeline of the Foundation. Mr. Davis relayed he had spoken with a Foundation Board Member about the City's timeline and what Council was considering that night, and Mr. Davis conveyed that it did fit the Foundation's needs. Mayor Capetillo presumed Council needed to provide financial direction, but questioned what exactly would Council be doing and what was the estimate. He did not want to pull out a number out of thin air because there needed to be a basis to it, such as if it were infrastructure or an improvement. He asked what did it take to accommodate the Battleship's placement that the City would be responsible for. Mr. Davis replied, in the beginning, it was important to understand Council's tolerances with regard to qualified expenses. Such expenses could be as broad as including dredging, a museum store, parking accommodations, and/or other public accommodations. Mr. Davis assumed parking and the museum store would take a few million dollars to construct. However, he would not include dredging as there were many other expenses associated with accommodating the battleship after it arrived in Baytown. Council could choose among those qualified expenses and then Mr. Davis would recommend Council discuss a not-to- exceed number. Council Member Betancourth wondered if staff had recommendations on a number as she did not know what a museum or parking structures cost. Also, she asked where would the funding come from, and Mr. Davis replied the City had not determined a funding source yet, as it would depend on the level of funding Council wanted to give. In terms of cost, a parking garage with 300 spots could be anywhere from $6 million to $10 million, but there were construction alternatives to get that price lowered. On the museum store, Mr. Davis estimated about $2.5 million to build that structure with offices and storage. Those were some preliminary figures and other costs had not been looked into, but the utilities were already being taken care of, and perhaps pedestrian accommodations could be somewhat negligible. Nonetheless, Mr. Davis recommended starting with the museum store and a parking facility. He remarked there was nothing to say that any of those items could not be a part of the fundraising endeavor. In fact, he relayed it could all be covered by fundraising. Council Member Betancourth further inquired if Council's Bring the Battleship to Baytown Ad Hoc Committee had a recommendation. Council Member Alvarado answered that she did not, as she shared the same questions about what it would take to accomplish the task. In the present moment, her understanding was that the City would not pay for the dredging because of the fundraiser. The initial proposal was that the City would allocate funds to help towards that fundraiser, which would take care of the biggest bulk of the price. Council Member Alvarado's next question was if the City were to allocate any money, would there be an opportunity to set a minimum and then have a change order later. Mayor Capetillo's recommendation was to allow their Ad Hoc Committee to engage staff and the Foundation. First, he supposed Council needed to determine the size of the building. He believed Council could get an estimate based off the construction and costs. Mayor Capetillo did not think City Council Regular Meeting Minutes July 14,2022 Page 14 of 32 the City needed a whole parking structure for the Battleship. However, if other things on the island were successful, that could be part of helping accommodate all the activities on Bayland Island. But, Mayor Capetillo needed to have some framework on costs and a funding source. He asked their Ad Hoc Committee to engage staff and the Foundation to agree on the size of a museum and whatever would be associated with that, then give Council a recommendation. Mayor Capetillo added that would also give Council an indication of what would be agreeable to the Foundation. He hoped they can move forward with two things: 1)an agreement the Foundation could consider, and 2) an announcement that Baytown had been selected as the battleship location. Those were the things Mayor Capetillo needed to happen which he believed they had a month, or so, to do so. As the City moved forward with different plans, Council Member Alvarado shared her and residents' concern with the traffic impact to the southwest neighborhood. The neighborhood had a direct entry to Bayland Island and was already congested. Residents wondered what it would look like having the Battleship and the Hotel Convention Center all there. Council She relayed the Ad Hoc Committee had been looking at strategies to curve traffic going straight through the neighborhood. She researched and found another battleship in Hawaii that similarly ran through a neighborhood, but she did not have any data on the impact it had made. As far as costs went,Council Member Lester shared they were already in discussions of the capital program as far as the renovations and expansions to the marina and ship store. As the City built structures out there,he suggested the City could tie those together.However,he agreed they needed to start nailing down on the costs. Council Member Lester did not believe the battleship needed a parking structure. The City had been talking about a parking structure for the Hotel Convention Center since day one, which was separate and distinct. Nonetheless, there would be fees to park there if individuals would not stay at the hotel that would provide revenue to the City. He reiterated his belief that there was an opportunity with the renovations and expansions he previously mentioned in addition to the potential museum, or whatever would be built. He deemed it a great opportunity to tweak the proposal to then provide to the Foundation. Council Member Lester agreed the Foundation needed to state Baytown would be the definitive location. If it was still up in the air, it would be hard for the City to hammer out a deal. Mayor Capetillo agreed and stated it was time for decisions to be made with the information at hand. On the agreement, he understood it was direction on a not-to-exceed number but questioned what would be the City's and the Foundations financial responsibilities, and then, what would be the costs associated with that. Mayor Capetillo agreed Baytown was the best place for the Battleship, but the City needed to be fiscally responsible if they were to move forward with the agreement. Mr. Davis had understood the direction of Council was not to get tied to specific improvements but have a reimbursement type of approach. His recommendation for Council was to make an amendment to the agreement and send it to the Foundation so that they had something to begin working on. In the agreement, the City would revisit the level of funding through that addendum. In the terms of funding sources, the City was usually prone to look at the Municipal Development District("MDD")and the Capital Improvement Projects("CIP"). However,Mr. Davis recalled the City had access to a Bill that he believed could provide the City with about $9 million in sales tax and hot tax rebates from the state. In fact, Mr. Davis relayed City staff was working on that as there had been a city able to secure that—or at least received a commitment from the Comptroller. City Council Regular Meeting Minutes July 14,2022 Page 15 of 32 Baytown was trying to do the same thing. If Council so wished, Mr. Davis would reformat the agreement and send that back out to Council. He requested Council to indicate if that was satisfactory so he could send that on to the Foundation so the City's delegation could begin having conversations about what that funding level would look like. Mayor Pro Tern Johnson inquired if the City knew what criteria the Foundation would use in deciding where the Battleship would go. Mr. Davis did not know, but believed their primary criterion had to do with potential visitor-ship. Baytown had performed a study years ago that indicated the level of visitor-ship to the island to see the Battleship. Mayor Pro Tern Johnson wondered if that would have changed as the study was conducted long ago and if it would be wise to take another look. He explained he wanted to be sure the Foundation's decision would not be based on which City would write the bigger check. Mr. Davis confirmed he could check in to that. In closing, Mayor Capetillo repeated Council would lean on their Ad Hoc Committee to have communication with the Foundation and come back to Council with the final recommendation. Mayor Capetillo suggested an item be placed on July 28th or the first council meeting in August for something to be forwarded to the Foundation and for the decision to be made. c. Receive a Presentation Regarding the Modified Proposed FY23 Utility Rates. Mayor Capetillo announced Mr. David Isaac had signed up to speak regarding this item. (Zoom) Mr. David Isaac recalled that at their last meeting, Council had asked the right questions and were inquisitive with administration on how not to raise the utility rates. Mr. Isaac commended Council for working together to make sure the issues with inflation and their spending at the gas pump were not piled up on citizens by Council's leadership. Assistant Director of Utilities Sterling Beaver then presented the item by addressing the presentation given at Council's last meeting regarding utility rates. At that time, Council provided feedback for staff to look into, and now, Mr. Beaver relayed staff hoped the current presentation would address those comments and would better align with Council's vision for the rates. Similar to the last meeting, the agenda of the presentation was to go over the background, recommended changes, water tiers, the existing versus the proposed rates, example bills of 2,000 and 5,000 gallons, and how Baytown ranked in comparison to other cities. As background, the City of Baytown's last rate adjustments were in the following years: • Water: 2014 • Wastewater: 20 19 • Outside City Multiplier: 2021 The rate increase drivers were listed as the following: • 18.5% Houston rate increase to Baytown Area Water Authority(BAWA) in the last year • 6% BAWA rate increase to Baytown • Inflation of costs to utility • Historical underfunding of utility maintenance City Council Regular Meeting Minutes July 14,2022 Page 16 of 32 The recommended changes based on Council's feedback were: • No change to 2,000 gallons a month user • No change to fixed charges • Increase to volumetric charges for amounts over 2,000 gallons a month • Reduce Tiers from five to three • Implement 1.5 Outside City Multiplier for fixed and volumetric charges • Evaluate future rates in the middle of FY23 based on impact of proposed changes Mr. Beaver then presented the following graph that indicated the historical water charges the City of Houston charged BAWA and that BAWA charged the City of Baytown. Baytown's water rate, in the graph below, was based off of Tier 1 users (2,000 gallons a month). Historical Water Rate Comparison Year Houston's Rate to BAWA BAWA's Rate to Baytown Baytown's Water Rate 2022 $0.90 $3.27 $2.57 2021 $0.7573 (4/21) & $0.85 (9/21) $3.08 $2.57 2020 $0.7460 $2.90 $2.57 2019 $0.7208 $2.82 $2.57 2018 $0.7012 $2.82 $2.57 2017 $0.6821 $2.74 $2.57 2016 $0.6597 $2.74 $2.57 2015 $0.6506 $2.74 $2.57 2014 $0.6232 $2.61 $2.57 The following pie chart was the breakdown of the City's current tiers: 4.80% 3.30% •Tier 1 -Less than 2,000 411,11 •Tier 2-Less than 6,000 d Tier 3-Less than 12,000 Tier 4-Less than 18,000 ■Tier 5-More than 18,000 Next, Mr. Beaver displayed the following series of charts regarding water rates: Comparison of Existingand Proposed Inside CityFixed Water Rates P P WATER RATES EXISTING PROPOSED VARIANCE Customer Charge (per bill) $3.62 $3.68 $0.00 Basic Facility Charge(per EDU) 7.53 7.53 0.00 Monthly Rate $11.15 $11.15 $0.00 City Council Regular Meeting Minutes July 14,2022 Page 17 of 32 Non-Residential EDU 5/8"Meter 1.00 $7.53 $7.53 $0.00 3/4"Meter 1.50 11.31 11.31 0.00 1"Meter 2.50 18.83 18.83 0.00 1 1/2" Meter 5.00 37.67 37.67 0.00 2" Meter 8.00 60.26 60.26 0.00 3"Meter 16.00 120.51 120.51 0.00 4"Meter 25.00 188.31 188.31 0.00 6" Meter 50.00 376.60 376.60 0.00 8"Meter 80.00 602.59 602.59 0.00 10"Meter 115.00 866.20 866.20 0.00 Comparison of Existing and Proposed Inside City Volumetric Water Rates VOLUMETRIC RATES EXISTING PROPOSED VARIANCE Single Family Residential Tier 1 $2.57 $2.57 $0.00 Tier 2 5.60 6.41 0.81 Tier 3 6.71 8.84 2.13 Tier 4 8.74 Tier 5 11.36 Multifamily Residential Tier 1 $2.60 $2.60 $0.00 Tier 2 5.63 6.41 0.78 Non-Residential $5.60 $6.41 $0.81 High Volume Users 4.13 Irrigation Tier 1 $5.60 $6.41 $0.81 Tier 2 6.71 8.84 2.13 Tier 3 8.74 Tier 4 11.36 Comparison of Existing and Proposed Outside City Fixed Water Rates WATER RATES EXISTING PROPOSED VARIANCE Customer Charge (per bill) $5.43 $5.43 $0.00 Basic Facility Charge(per EDU) 11.30 11.30 0.00 Monthly Rate $16.73 $16.73 $0.00 Non-Residential EDU 5/8" Meter 1.00 $11.30 $11.30 $0.00 City Council Regular Meeting Minutes July 14,2022 Page 18 of 32 3/4" Meter 1.50 16.97 16.97 0.00 1"Meter 2.50 28.25 28.25 0.00 1 1/2"Meter 5.00 56.51 56.51 0.00 2"Meter 8.00 90.39 90.39 0.00 3"Meter 16.00 180.77 180.77 0.00 4" Meter 25.00 282.47 282.47 0.00 6" Meter 50.00 564.90 564.90 0.00 8" Meter 80.00 903.84 903.84 0.00 10" Meter 115.00 1,299.30 1,299.30 0.00 Comparison of Existing and Proposed Outside City Volumetric Water Rates VOLUMETRIC RATES EXISTING PROPOSED VARIANCE Single Family Residential Tier 1 $3.08 $3.86 $0.78 Tier 2 6.72 9.62 2.90 Tier 3 8.05 13.26 5.21 Tier 4 10.49 Tier 5 13.63 Multifamily Residential Tier 1 $3.12 $3.90 $0.78 Tier 2 6.76 9.62 2.86 Non-Residential $6.72 $9.62 $2.90 Irrigation Tier 1 $6.72 $9.62 $2.90 Tier 2 8.05 13.26 5.21 Tier 3 10.49 Tier 4 13.63 Mr. Beaver then displayed the following series of charts regarding sewer rates: Comparison of Existing and Proposed Inside City Fixed Wastewater Rates SEWER RATES EXISTING PROPOSED VARIANCE 1 Customer Charge(per bill) $3.91 $3.91 $0.00 Basic Facility Charge (per EDU) 8.13 8.13 0.00 Monthly Rate $12.04 $12.04 $0.00 Non-Residential EDU 5/8"Meter 1.00 $8.13 $8.13 $0.00 3/4"Meter 1.50 12.21 12.21 0.00 1"Meter 2.50 20.33 20.33 0.00 City Council Regular Meeting Minutes July 14,2022 Page 19 of 32 1 1/2" Meter 5.00 40.68 40.68 0.00 2" Meter 8.00 65.08 65.08 0.00 3"Meter 16.00 130.15 130.15 0.00 4"Meter 25.00 203.37 203.37 0.00 6"Meter 50.00 405.73 405.73 0.00 8"Meter 80.00 650.76 650.76 0.00 10"Meter 115.00 935.50 935.50 0.00 Comparison of Existing and Proposed Inside City Volumetric Wastewater Rates VOLUMETRIC RATES EXISTING PROPOSED VARIANCE Single Family Residential Tier 1 $2.81 $2.81 $0.00 Tier 2 6.08 6.36 0.28 Tier 3 0.00 6.36 6.36 Multifamily Residential Tier 1 $2.81 $2.81 $0.00 Tier 2 6.08 6.36 0.28 Non-Residential $6.08 $6.36 $0.28 High Volume Users 4.59 Comparison of Existing and Proposed Outside City Fixed Wastewater Rates SEWER RATES EXISTING PROPOSED VARIANCE Customer Charge(per bill) $5.87 $5.87 $0.00 Basic Facility Charge(per EDU) 12.20 12.20 0.00 Monthly Rate $18.07 $18.07 $0.00 Non-Residential EDU 5/8"Meter 1.00 $12.20 $12.20 $0.00 3/4" Meter 1.50 18.32 18.32 0.00 1"Meter 2.50 30.50 30.50 0.00 1 1/2"Meter 5.00 61.02 61.02 0.00 2"Meter 8.00 97.62 97.62 0.00 3"Meter 16.00 195.23 195.23 0.00 4" Meter 25.00 305.06 305.06 0.00 6" Meter 50.00 610.10 608.60 - (1.50) 8"Meter 80.00 976.14 976.14 0.00 10"Meter 115.00 1,403.25 1,403.25 0.00 Mr. Beaver noted that on the Non-Residential 6" Meter from the table above, staffs previous calculation showed a multiplier that was not correct. Thus, staff made the proper adjustment. City Council Regular Meeting Minutes July 14,2022 Page 20 of 32 Comparison of Existing and Proposed Outside City Volumetric Wastewater Rates VOLUMETRIC RATES EXISTING PROPOSED VARIANCE Single Family Residential Tier 1 $3.37 $4.22 $0.85 Tier 2 7.30 9.54 2.24 Tier 3 0.00 9.54 9.54 Multifamily Residential Tier 1 $3.37 $4.22 $0.85 Tier 2 7.30 9.54 2.24 Non-Residential $7.30 $9.54 $2.24 Mr. Beaver proceeded to touch on the customer bill impact with the following charts: Assuming 2,000 gallons of usage •Existing Rates ■Proposed Rates $80.00 $73.12 $70.00 $62.84 $60.00 $48 73 _$50.96 $47 $49.39 $50.00 $46.f $47. $40.00 $33.S$33.95 $34.($34.01 $30.00 $20.00 $10.00 $0.00 Single Family MultiFamily Non-Residential Single Family MultiFamily Non-Residential (Inside City) (Inside City) (Inside City) (Outside City) (Outside City) (Outside City) Assuming 5,000 Gallons of Usage •Existing Rates •Proposed Rates $140.00 $130.60 $120.00 $108.44 $106.82 $104.9 $100.00 $81 ,$87.04 $89.76 $89.96 $80.00 $68.5$72.26 $69.1$72.32 $60.00 $40.00 $20.00 $0.00 Single Family MultiFamily Non-Residential Single Family MultiFamily Non-Residential (Inside City) (Inside City) (Inside City) (Outside City) (Outside City) (Outside City) In comparing Baytown to other cities, Mr. Beaver used the following charts: City Council Regular Meeting Minutes July 14,2022 Page 21 of 32 Assuming a Single Family Residential Customer (Inside City) with 2,000 Gallons of Monthly Water Usage $70.00 $60.00 $60.68 $60.48 11111 $50.00 $35.82 $30.24 $42.76 $40.00 $33.95 $33.95 $30.00 $21.64 $31.36 $31.12 $20.00 $10.00 $24.86 $0.00 1 1 Pearland Deer Park Sugar Land Baytown Baytown League City Houston Proposed Existing •Water r Sewer Assuming a Single Family Residential Customer (Inside City) with 5,000 Gallons of Monthly Water Usage $120.00 $100.00 $96.93 $89.30 $87.97 $80.00 S49.14 � $72.26 $68.99 $65.57 $60.00 S50.15 S51.5 $57.52 $40.001111 $31.15 SS $20.00111 $39.15 36 i $0.00 Deer Park Pearland Baytown Baytown Sugar Land League City Proposed Existing ■Water si Sewer With that, Mr. Beaver was open to entertain any questions or comments from Council. Mayor Capetillo had a comment over the last chart regarding 5,000 gallons of monthly water usage. The information was what the City looked at in comparison to neighboring cities and noted that operating a water and sewer plant-and the entire enterprise itself-was not cheap. The information showed where Baytown was which he believed was important as there was a high misunderstanding amongst citizens. Mayor Capetillo was confident to state the data was accurate, truthful, and transparent. In regards to that same chart,Council Member Betancourth inquired if League City got their water from the City of Houston as well. Mr. Beaver answered League City did, but they purchased at retail and also had wells, which explained their lower number. All the other cities had surface water facilities, but Sugar Land also heavily relied on their well system as well. Council Member Betancourth further clarified the increases were all usage increases and none of them were fixed. Mr. Beaver confirmed the fixed rated remained the same for inside the City. Council Member Betancourth then inquired about the outside of the City. Mr. Beaver replied it was at a 1.5 rate for the fixed and at a 1.2 rate for volumetric. Now, both fixed and volumetric would be at a 1.5 rate for outside the City. City Council Regular Meeting Minutes July 14,2022 Page 22 of 32 Council Member Betancourth commented that was an important distinction because the usage came from the City of Houston—Baytown's only water supplier. Thus, if they raise rates, she understood why Baytown had to raise the rates as well.The fact that Baytown had been subsidizing that rate increase for so many years for its citizens was something Council Member Betancourth was unaware of and appreciated. The fixed rates were something that she would like to continue to monitor. She suggested that could be something to work on as a Council in the future as that was not something to tackle in their budget. However, the fixed rate was theirs, as a City, to maintain its infrastructure. Nonetheless, Council Member Betancourth liked the proposal and appreciated all the effort staff put in to accommodate Council's wishes. Mayor Capetillo echoed Council Member Betancourth's sentiment on Baytown absorbing and subsidizing the increases by the City of Houston. However,there did come a point where Baytown could no longer subsidize. Mayor Capetillo believed the rates were as minimalized as possible. In comparing Baytown to other cities,he observed Baytown was in the median when it came to those rates. Thus,Mayor Capetillo thought it was reasonable and fair as Baytown was not on either ends. Council Member Presley agreed with the comments made and commended staff for coming back to Council with the proposal. Likewise, Council Member Powell seconded what was said and happy to see the changes. 9. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 9.a. through 9.m. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance authorizing an Amendment No. 1 with Kimley-Horn and Associates, Inc., for additional services related to additional parking for the Wayne Gray Sports Complex, Turf and Parking Improvements Project. ORDINANCE NO. 15,134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR ADDITIONAL SERVICES RELATED TO ADDITIONAL PARKING ASSOCIATED WITH THE WAYNE GRAY SPORTS COMPLEX, TURF AND PARKING IMPROVEMENTS City Council Regular Meeting Minutes July 14,2022 Page 23 of 32 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY-SIX THOUSAND AND NO/100 DOLLARS ($86,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Change Order No. 3 for the Citizens Bank Renovation Project. ORDINANCE NO. 15,135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 TO THE CITIZENS BANK RENOVATION PROJECT WITH CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND TWENTY-FOUR AND 86/100 DOLLARS ($12,024.86); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the award of the West District Wastewater Treatment Plant Rapid Mix and Aeration Basin Cleaning to Magna Flow Environmental, Inc. ORDINANCE NO. 15,136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MAGNA FLOW ENVIRONMENTAL, INC., FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT RAPID MIX AND AERATION BASIN CLEANING CONTRACT IN THE SUM OF THREE HUNDRED TWO THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($302,100.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding an Annual Mechanical Services contract to IPS Pump Services, Inc. ORDINANCE NO. 15,137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF IPS PUMP SERVICES, INC., FOR THE ANNUAL MECHANICAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance awarding the Annual Generator Maintenance Contract to Clifford Power Systems,Inc,through the Texas Local Government Purchasing Cooperative, BuyBoard,for the Public Works Department. City Council Regular Meeting Minutes July 14,2022 Page 24 of 32 ORDINANCE NO. 15,138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-SEVEN THOUSAND FIFTY-SIX AND 60/100 DOLLARS ($57,056.60) TO CLIFFORD POWER SYSTEMS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE ANNUAL GENERATOR MAINTENANCE CONTRACT FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an amendment to Ordinance No. 15,121 authorizing the purchase of one(1) KX-057-5R3AP Track Unit from Kubota Tractor Corporation through Sourcewell, rather than BuyBoard,for the Public Works Department. ORDINANCE NO. 15,139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AMENDING ORDINANCE NO. 15,121 BY AUTHORIZING THE PAYMENT OF NINETY-NINE THOUSAND NINE HUNDRED THIRTEEN AND 87/100 DOLLARS ($99,913.87) TO KUBOTA TRACTOR CORPORATION, THROUGH THE SOURCEWELL COOPERATIVE CONTRACT PROGRAM RATHER THAN THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE (1) KX-057-5R3AP TRACK UNIT FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of three (3) Ford Trucks from Silsbee Ford, through Good Buy Purchasing Cooperative, for Public Works and Engineering. ORDINANCE NO. 15,140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY THOUSAND FIVE HUNDRED THREE AND 50/100 DOLLARS ($140,503.50) TO SILSBEE FORD INC., THROUGH GOODBUY PURCHASING COOPERATIVE, FOR THE PURCHASE OF THREE(3)FORD F-250 TRUCKS FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 14,2022 Page 25 of 32 h. Consider an ordinance authorizing a purchase from Foster Fence LTD, through BuyBoard, for the Fire Department Project for fencing equipment and installation at Fire Stations 1, 5, and 6, and the Fire Training Academy. ORDINANCE NO. 15,141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY- NINE THOUSAND NINETY-SEVEN AND 41/100 DOLLARS ($139,097.41) TO FOSTER FENCE, LTD.,THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE AND INSTALLATION OF FENCING EQUIPMENT FOR THE FIRE TRAINING ACADEMY AND FIRE STATIONS 1, 5, AND 6; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as the City's insurance broker, to place the City's Cyber Liability Coverage for FY 2022-23 with Cowbell Cyber, Inc. ORDINANCE NO. 15,142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS THE CITY'S INSURANCE BROKER, TO PLACE THE CITY'S CYBER LIABILITY COVERAGE FOR FY 2022 WITH COWBELL CYBER, INC.;AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SIXTY-TWO THOUSAND ONE HUNDRED NINETY AND NO/100 DOLLARS ($62,190.00) FOR THE CYBER LIABILITY COVERAGE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing project acceptance and release of retainage to Kirila Fire Training Facilities, Inc., for the industrial exterior gas fired training props and thermal lining for the Fire Training Facility. ORDINANCE NO. 15,143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE INDUSTRIAL EXTERIOR GAS-FIRED TRAINING PROPS AND THERMAL LINING FOR THE FIRE TRAINING FACILITY PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY-FIVE THOUSAND TWO HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($45,265.00)TO KIRILA FIRE TRAINING FACILITIES, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 14,2022 Page 26 of 32 k. Consider an ordinance authorizing the abandonment and conveyance of an interest in a current Public Safety Zone Easement while also establishing a new Public Safety Zone Easement on the same property, located at 4919 N. Main Street. ORDINANCE NO. 15,144 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PUBLIC SAFETY ZONE EASEMENT ABANDONMENT AND CONVEYANCE AGREEMENT WITH THE PROPERTY OWNER; AUTHORIZING THE ABANDONMENT AND CONVEYANCE OF AN INTEREST IN A CURRENT PUBLIC SAFETY ZONE EASEMENT WHILE ALSO ESTABLISHING A NEW PUBLIC SAFETY ZONE EASEMENT ON THE SAME PROPERTY, LOCATED AT 4919 N. MAIN STREET, BAYTOWN, HARRIS COUNTY,TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing a Wastewater Disposal Agreement with Lake Municipal Utility District. ORDINANCE NO. 15,145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A WASTE DISPOSAL AGREEMENT WITH LAKE MUNICIPAL UTILITY DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing an Economic Development Agreement for Tourism and Promotion Services with Economic Alliance Houston Port Region to enhance and promote tourism and the convention and hotel industry in Baytown, its vicinity, and throughout the San Jacinto Texas Historic District. ORDINANCE NO. 15,146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ECONOMIC DEVELOPMENT AGREEMENT FOR TOURISM AND PROMOTION SERVICES WITH ECONOMIC ALLIANCE HOUSTON PORT REGION TO ENHANCE AND PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE CITY OF BAYTOWN AND ITS VICINITY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 14,2022 Page 27 of 32 10. APPOINTMENTS a. Consider one (1) appointment to the Community Development Advisory Committee. City Clerk Angela Jackson relayed Council Member Betancourth nominated Ms. Katherine Brown for her District 4 vacancy on the Community Development Advisory Committee (CDAC). A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to appoint Ms. Katherine Brown as the District 4 appointment for an unexpired term to the Community Development Advisory Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved b. Consider appointments to the Baytown Municipal Development District. Mayor Capetillo noted Items 1 0.b. and 10.c. would be taken together as the two bodies were in tandem since those that served on the Municipal Development District ("MDD") also served the Hospitality Public Facilities Corporation. The item had numerous applications with two current members and four additional applications. Mayor Capetillo opened the floor to nominations. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado to approve the reappointment of the current directors on Agenda Items 10.b. and 10.c. However, there was discussion prior to the vote. Council Member Presley relayed he had a District 2 constituent submit an application. As he made a point to try to get new folks involved,he visited with the applicant and also the current directors. Council Member Presley shared he had a change of heart in those conversations and requested Council to accept another term of those current directors. However, Council Member Betancourth voiced that she disagreed with the motion to reappoint the current members. While she appreciated their service,she would like to see new citizens on the MDD Board that were vocal and contributed to the debate and conversations. As far as those four individuals, Council Member Betancourth could not recall any of them debating or even disagreeing with Council. She believed it was extremely important that those citizens' seats had good debate and dialogue on the MDD. Council Member Alvarado shared that she had originally appointed Ms. Suhey Rios-Alvarez when she was in her district and then engaged Council Member Presley when Ms. Rios-Alvarez moved to his district. Council Member Alvarado supported her reappointment to serve her second term as she had discussed with Ms. Rios-Alvarez her engagement in future meetings. City Council Regular Meeting Minutes July 14,2022 Page 28 of 32 Mayor Capetillo wished to be fair to the other citizens that had applied, which was the motion he initially sought. The item was for at-large appointments so it was open to the entire Council to make nominations. As there was a motion, Mayor Capetillo suggested it to be amended to see if there were other nominations. Council Member Presley stated he would not amend his motion as he believed that was in the best interest of the MDD. He reasoned sitting on the dais with elected officials could be intimidating and it did take a while for citizens to feel comfortable, and would not hold it against anyone for not being so vocal. On a final comment, Mayor Capetillo clarified his stance did not have anything to do with the performance of any individual. He was just looking at people who served for numerous years and wished to bring in fresh thoughts and ideas. The vote for the motion on the table was as follows: Ayes: Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: Mayor Brandon Capetillo and Council Member Heather Betancourth Approved Mayor Capetillo expressed his appreciation to the citizens that applied. As the previous motion was for two individuals, Mayor Capetillo entertained a motion for the other three appointments. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado to approve the appointments of the Council Members of District 4, 5, and 6 to the Baytown Municipal Development District and Baytown Hospitality Public Facilities Corporation, related to Items 10.b. and 10.c. However, there was discussion prior to the vote. Council Member Betancourth questioned if it was required for council members to serve on the MDD. City Attorney Scott Lemond responded that it was not required under the statute. With that, Council Member Betancourth stated she would like to make a motion to remove herself from the MDD and appoint one of the citizens in her stead. Mr. Lemond advised Council to take a vote under statutory language to remove a member as Council would be accepting a resignation. Mayor Capetillo requested further clarification. Mr. Lemond relayed Council would have to do the following: 1)amend the motion to reappoint two of the Council Members;2)have a second motion to accept the removal of a current member; and 3) have a third motion to appoint someone else. An amended motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado to approve the appointments of the Council Members of District 5 and 6 to the Baytown Municipal Development District and the Baytown Hospitality Public Facilities Corporation, related to Items 10.b. and 10.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes July 14,2022 Page 29 of 32 Nays: None Approved A motion was made by Council Member Heather Betancourth and seconded by Mayor Brandon Capetillo to accept the resignation of the Council Member of District 4 from the Baytown Municipal Development District and Baytown Hospitality Public Facilities Corporation,related to Items 10.b. and 10.c. However, there was discussion prior to the vote. Council Member Powell read the Local Government Code that stated the MDD be composed of the Mayor, Council Members, and four residents of the City at-large. He wondered if Council would not be complying with that. Mr. Lemond believed the statutory langue was permissive as it stated Council Members "may" serve as opposed to "must" serve. Council Member Lester expressed his concern of loosing a Council Member on the MDD Board and alternatively inquired if it was only limited to four residents. He questioned if they were able to increase the number of directors serving on the MDD, as it was four citizens against seven Council Members. He preferred adding another citizen, rather than losing a Council Member. Council Member Betancourth replied she could go either way and further clarified her position as she believed MDD would be better served with more citizen input and less of elected official input. She noted anything the MDD approved would always go to Council for approval, so Council's power and authority would not be taken away. Also, Council Member Betancourth wondered if the decisions made on the MDD Board would have been different if there had been more citizen input. Furthermore, Council Member Betancourth was not sure why her fellow Council Members felt uncomfortable with her not serving on the MDD and requested to hear why. Council Member Lester replied Council Members were privy to a lot more information than the average citizen— even the citizens on the MDD Board. Also, as previously articulated, he noted Council Members were a lot more comfortable on the dais than the average citizen. Council Member Lester would rather add additional voices, rather, than lose a strong voice. In regards to citizen input, Mayor Pro Tem Johnson noted citizens had the opportunity to speak at MDD Meetings. Likewise, he shared the sentiment that just because they do not say anything did not mean they had not done their homework because they voted alongside Council. Mayor Pro Tem Johnson explained he had not seconded the motion because he shared the same question as Council Member Powell. He had believed it was written for Council to serve on the MDD Board and did not want to be part of a mistake. If Council Member Betancourth did not want to serve— which she stated was not the case—then he would support her. He understood her question was about citizen input and further discussed ways in which citizens could do just that. Council Member Betancourth clarified her stance in that it was about having more citizen input in the governing body and not at the podium. As an MDD Director, they get privileged information in executive sessions and privileged discussions with City Administration that others did not get by simply giving their opinion. Besides, she believed those opinions were usually based on misinformation from media outlets. Thus, there was a big difference in serving as opposed to coming up to speak. It was not about her not wanting to serve, it was about more citizen input. City Council Regular Meeting Minutes July 14,2022 Page 30 of 32 Council Member Presley agreed with Council Member Lester. He did not believe anybody was against more citizen input and suggested perhaps Council have a discussion about adding two citizens to the MDD Board. If that were the case, Council Member Presley would recommend the District 2 applicant who had never served on a committee and was truly new blood. Council Member Alvarado shared that her hesitance on the matter was because Council Member Betancourth brought value to the table—especially as the Chair of the Finance Committee. Council Member Betancourth had a second lens that the other Council Members did not have. Council Member Alvarado's other hesitance was on her questioning if they were making the right decision based on their statute. Nevertheless, she was in favor of adding citizen positions to the MDD Board. Mayor Capetillo inquired to legal counsel if Council had the ability to add seats to the MDD Board. Mr. Lemond replied Council did have that option as the agenda item was written broad enough to allow the creation of additional positions or appointments, and for Council Member Betancourth to resign if she so chose to. Council Member Lester requested she withdraw her motion and make a new motion to add two seats with the two nominations. On matters regarding the MDD, Council Member Presley questioned if there was an Interlocal Agreement on every single item. Mr. Lemond answered there was not. Council Member Alvarado also discussed having term limits for their boards and commissions to help rotate members. She recommended, at a later time, for Council to review some sort of term limits for that. Mayor Capetillo reminded Council there was a motion with a second regarding the acceptance of a resignation. He suggested they may vote on that or Council Member Betancourth may withdraw her motion for then a new motion to be made on alternatives for the item. Council Member Betancourth withdrew her motion and entertained the following motions instead. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem Charles Johnson for the addition of two (2) additional citizen board members to the Baytown Municipal Development District and the Baytown Hospitality Public Facilities Corporation, related to Items 10.b. and 10.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern 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 to approve Ms. Donna Winfrey as an appointment to the Baytown Municipal Development District and Baytown Hospitality Public City Council Regular Meeting Minutes July 14,2022 Page 31 of 32 Facilities Corporation, related to Items 10.b. and 10.c. However, before the motion was seconded and voted on, Council Member Presley requested to include his nomination as well. An amended motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem Charles Johnson to approve Ms. Donna Winfrey and Ms. Shaunna Bernshausen as the two (2) new appointments to the Baytown Municipal Development District and the Baytown Hospitality Public Facilities Corporation,related to Items 10.b. and 10.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem 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 Jacob Powell and seconded by Council Member Laura Alvarado to approve Council Member Heather Betancourth as the District 4 appointment to the Baytown Municipal Development District and the Baytown Hospitality Public Facilities Corporation, related to Items 10.b. and 10.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved c. Consider appointments to the Baytown Hospitality Public Facilities Corporation. Item 10.c. was considered in tandem with Item 10.b. d. Consider the confirmation of the City Manager's appointment of the Assistant City Manager. City Manager Rick Davis announced his recommendation, Mr. Jason Reynolds, as the new Assistant City Manager, who respectively accepted the appointment. • A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley to approve the City Manager's appointment of Mr. Jason Reynolds as the Assistant City Manager. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member City Council Regular Meeting Minutes July 14,2022 Page 32 of 32 Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved 11. MANAGER'S REPORT City Manager Rick Davis wished to congratulate the following individuals who received their certifications for Advanced Structure Firefighter: Firefighter Paramedic Martin Cepielik, Firefighter Paramedic Gary Hausl,Trent Darr,Firefighter Paramedic Joseph South,and Firefighter Paramedic Taylor Soltau. Mr. Davis also wished to congratulated Mr. Billy Fregia who had been promoted to engineer, and Mr. J.B. Hebard who had been promoted to Lieutenant. Lastly, Mr. Davis was proud to announce Neighborhood Planning Manager Francesca Linder passed her AICP Exam. 12. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Mayor Pro Tem Charles Johnson as it relates to Council District No. Three. Mayor Capetillo announced that Mr. David Isaac had signed up to speak regarding this item. (Zoom) Mr. David Isaac stated he hoped to hear the District 3 Report some other time. He shared that he had spent time knocking on doors in District 3, specifically Quail Hollow and Craigmont. District 3 had a lot of growth taking place and Mr. Isaac relayed the sentiment of the residents were positive about their leadership. Thus, Mr. Isaac thanked Mayor Pro Tem Johnson. As there was no presentation, Mayor Capetillo proceeded to the following item to adjourn. 13. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the July 14,2022, City Council Regular Meeting at 8:46 P.M. •D . o •l' ''cr'rot, Angela Ja son, City Cler 1 n �� City of Baytown y r �% \ 'ol'r A�Eoortxae��i�1r.