2022 09 08 CC Minutes MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
September 8, 2022
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 8, 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:
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 September 8, 2022, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present with the exception of the absence of Council
Member Laura Alvarado.
The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Presley.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on August 11,2022.
b. Consider approving the minutes of the City Council Budget Work Session held on
August 16,2022.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Jacob
Powell to approve the minutes of Items l.a. and 1.b., as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern
Charles Johnson, Council Member Heather Betancourth, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Laura Alvarado (Absent)
Approved
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September 8,2022
Page 2 of 18
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Presentation of the Life Saving Award to Officer Nicholas Lewin by the Chief of
Police.
Police Chief John Stringer opened the item to recognize Officer Nicholas Lewin. On June 5,2022,
Officer Lewin responded to an assault and welfare call on the 1300 Block of Wright Boulevard
where a male attempted to choke the caller and threatened to hang himself. Officer Lewin arrived
and realized the citizen was not simply a perpetrator of an assault, but also suffering a mental
health crisis. As the citizen was in position and indicated they would end their life by hanging,
Officer Lewin talked with the citizen and was able to convince them to descend from their position.
Along with his fellow officers,Officer Lewin ensured the individual was able to get help that Chief
Stringer hoped would lead to long-term and sustainable mental health care. For that reason, Chief
Stringer awarded Officer Lewin with the Baytown Police Department's Life Saving Award.
b. Ms. Amy Skicki with the Bay Area Houston Transportation Partnership (BayTran)
has requested to speak to the Council in regard to its program and membership.
Bay Area Houston Transportation Partnership (BayTran) Executive Director Amy Skicki opened
the item introducing herself and her organization. BayTran was an advocate for transportation,
mobility, and air quality for the Bay Area Houston region and Southeast Texas. The organization
is a 501(c)(d) nonprofit and served the following five counties: Galveston, Brazoria, Chambers,
Fort Bend, and Harris. Ms. Skicki relayed their members consisted of counties, cities, agencies,
local residents,area businesses,engineering firms,and trade organizations.A few benefits to being
member of BayTran was that they would do the following:
• Advocate and educate members on different transportation and costal protections;
• Agency coordination for public and private partnerships; and
• Offered advocacy via Houston-Galveston Area Council (H-GAC) and Texas Department
of Transportation (TxDOT)
In the future, BayTran planned to advocate for the following:
• Grand Parkway Segments A, B, and C; • Beltway 8 and all 8 Direct Connectors; and
• The Widening of State Highway 146; • The Widening of I-45
• State Highway 225;
In addition,Ms. Skicki shared they also support coastal protections and widening the Houston Ship
Channel. With that, Mayor Capetillo suggested the City of Baytown become a member.
3. PROPOSED REZONING OF APPROXIMATELY 25.20 ACRES GENERALLY
LOCATED AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD AND IH-
10
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September 8,2022
Page 3 of 18
a. Consider an ordinance to amend the official zoning map to rezone approximately
25.20 acres generally located at the southeast intersection of Sjolander Road and IH-10 from
Open Space/Recreation (OR) to a General Commercial (GC) Zoning District.
Planning and Development Services Assistant Director Chris Chavis explained the item was to
continue the conversation of the last Council Meeting. The property in question was annexed into
the City as Open Space/Recreation(OR) and the applicant had proposed to change that to General
Commercial (GC). However, Council asked for additional information, so the applicant supplied
a site plan for a retail center. As previously discussed, the site plan did show the pipeline and
detention ponds serving as a buffer to Needlepoint Road. The architect was present to answer any
further questions from Council, and Mr. Chavis lastly relayed staff recommends approval.
Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item.
Mr. Isaac was a resident of the area and spoke on behalf of his community. The rezoning was
something they did not want to see due to the existing traffic on Sjolander Road. As the City had
a tax abatement for $16 million written in the contract for the mall, Mr. Isaac believed that was
where citizens wanted to focus their commerce. The more busyness of Sjolander Road would be a
detriment to his community, so Mr. Isaac requested Council vote against the rezone.
A motion was made by Council Member Jacob Powell and seconded by Council Member Heather
Betancourth to approve Ordinance No. 15,190, related to Item 3.a. However, there was discussion
prior to the vote.
Council Member Powell expressed his appreciation to the developer for coming back. He believed
GC would fit the area along I-10, but GC could be very broad. Thus, some homeowners along
Needlepoint Road had concerns that the site would become a truck stop, motel, or other things of
that nature. However,Council Member Powell did not hear any concerns over retail,so he believed
good retail would be appreciated. He was in favor of the rezone and appreciated the developer for
providing more details so Council would know what they would approve. Mayor Capetillo agreed
and expressed he was more comfortable knowing there was not any access to Needlepoint Road.
On that intersection, Mayor Capetillo noted some improvements would have to take place at some
point. Nevertheless, he appreciated the site plan and proceeded with the vote for the motion on the
table.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern
Charles Johnson, Council Member Heather Betancourth, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Laura Alvarado (Absent)
Approved
City Council Regular Meeting Minutes
September 8,2022
Page 4 of 18
ORDINANCE NO. 15,190
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 25.20 ACRES GENERALLY
LOCATED AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD
AND IH-10, LEGALLY DESCRIBED AS A TRACT OF LAND OUT OF THE
WILLIAM BLOODGOOD SURVEY, ABSTRACT NO. 4, BAYTOWN,
HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR)
ZONING DISTRICT TO A 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.
4. PROPOSED ANNEXATION OF APPROXIMATELY 55.49 ACRES GENERALLY
LOCATED EAST OF NORTH MAIN STREET BETWEEN E. WALLISVILLE ROAD
AND FM 1942
a. Consider the second and final reading of an ordinance for the proposed annexation
of approximately 55.49 acres of land, located generally east of North Main Street between
East Wallisville Road and FM 1942.
Planning and Development Services Assistant Director Chris Chavis explained the item had
previously been viewed by Council and was an attempt to add land to a subdivision for Bay Creek
2.0. Mr. Chavis ended on the note that they were seeking to get the property in to the City limits.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris
Presley to approve Ordinance No. 15,179, related to Item 4.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern
Charles Johnson, Council Member Jacob Powell, and Council Member
Mike Lester
Nays: None
Other: Council Member Laura Alvarado (Absent) and Council Member Heather
Betancourth(Abstain)
Approved
ORDINANCE NO. 15,179
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 55.49
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September 8,2022
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ACRES OF LAND, LOCATED GENERALLY EAST OF NORTH MAIN
STREET BETWEEN EAST WALLISVILLE ROAD AND FM 1942, WHICH
SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
b. Consider an ordinance adding the newly annexed properties generally described as
approximately 55.49 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 into Council District No. 4.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Jacob
Powell to approve Ordinance No. 15,191, related to Item 4.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo,,Council Member Chris Presley,Mayor Pro Tern
Charles Johnson, Council Member Jacob Powell, and Council Member
Mike Lester
Nays: None
Other: Council Member Laura Alvarado (Absent) and Council Member Heather
Betancourth(Abstain)
Approved
ORDINANCE NO. 15,191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,ADDING APPROXIMATELY 55.49 ACRES OF LAND SITUATED IN
THE GEORGE ELLIS LEAGUE SURVEY, A-21, HARRIS COUNTY, TEXAS,
TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
5. PROPOSED UNIFIED LAND DEVELOPMENT CODE TEXT AMENDMENTS
a. Conduct a public hearing concerning the proposed text amendments to the Unified
Land Development Code of the City of Baytown to consolidate certain land development
ordinances.
At 6:49 P.M., Mayor Capetillo opened the public hearing concerning the proposed text
amendments to the Unified Land Development Code of the City of Baytown to consolidate certain
land development ordinances.
Planning and Development Services Assistant Director Chris Chavis summarized the subject
matter of the hearing. The item was in continuation of the City's Comprehensive Plan. Staff was
attempting to consolidate all of their Land Development Ordinances in to one section to make it
easier to assess. Also, Mr. Chavis relayed staff would eventually overhaul the ordinance for the
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September 8,2022
Page 6 of 18
new Land Development Code that would be in alignment with the Comprehensive Plan. The
amendment did not have any substantive changes as staff only moved the sections into one area,
got rid of some inconsistencies, and added all definitions in to one section for ease of assessment.
No one signed up to speak.
At 6:49 P.M.,Mayor Capetillo closed the public hearing concerning the proposed text amendments
to the Unified Land Development Code of the City of Baytown to consolidate certain land
development ordinances.
b. Consider an ordinance for the proposed text amendments to the Unified Land
Development Code of the City of Baytown to consolidate certain land development
ordinances.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Jacob
Powell to approve Ordinance No. 15,192, related to Item 5.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern
Charles Johnson, Council Member Heather Betancourth, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Laura Alvarado (Absent)
Approved
ORDINANCE NO. 15,192
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I
"GENERAL," DIVISION 1 "JURISDICTION AND AUTHORITY," TABLE 1-1,
AND DIVISION 2 "REVIEW AND DECISION-MAKING BODIES" TABLE 1-
2; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE,"
ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND
PROCEDURES," SECTION 1.12 "SIMULTANEOUS SUBMISSION OF
RELATED APPLICATIONS," AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3
"ADMINISTRATION AND PROCEDURES," TABLE 1-3 "SUMMARY OF
NOTICE REQUIREMENTS," TABLE 14 "REQUIRED PUBLIC HEARINGS;"
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE,"
ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND
PROCEDURES," SECTION 1.27 "NONCONFORMITIES," SECTION (D)
"VARIANCES FOR THE EXPANSION OF NONCOMPLIANT
STRUCTURES," SUBSECTION (4) "VARIANCE CREDITS" AND TABLE 1-4
"VARIANCE CREDITS"BY RENUMBERING IT AS TABLE 1-5;AMENDING
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September 8,2022
Page 7 of 18
APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I
"GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES,"
SECTION 1.27 "NONCONFORMITIES" SUBSECTION (D)(4)c.(i)-(ii), AND
SECTION 1.29 "ZONING VARIANCE PROCESS;"AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL,"
DIVISION 3 "ADMINISTRATION AND PROCEDURES," TO ADD SECTION
1.29.5 "SUBDIVISION VARIANCE PROCESS;" AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS,"
DIVISION 2 "ZONING DISTRICTS," SECTION 2.05 "RESIDENTIAL ZONING
DISTRICTS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE,"ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS,"
SECTION 2.082 "SAN JACINTO OVERLAY DISTRICT;" AMENDING
APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE
DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.082 "SAN
JACINTO OVERLAY DISTRICT;" AMENDING APPENDIX A "UNIFIED
LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION
3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE
CONDITIONS;" AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY
STANDARDS," DIVISION 1 "PROPERTY DEVELOPMENT STANDARDS,"
SECTION 3.02 "SETBACKS;" AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY
STANDARDS," DIVISION 2 "OPERATIONAL PERFORMANCE
STANDARDS," SECTION 3.08 "STANDARDS;" AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND
COMPATIBILITY STANDARDS," DIVISION 3 "NON-RESIDENTIAL
ZONES," SECTION 3.10 "APPLICABILITY;" AMENDING APPENDIX
A"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND
COMPATIBILITY STANDARDS," DIVISION 3 "NON-RESIDENTIAL
ZONES"TO ADD SECTION 3.10.5 "LANDSCAPING REQUIREMENTS"AND
SECTION 3.10.7 "OFF-STREET PARKING&OPEN SPACE AREAS;"
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE,"
ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 4
"RESIDENTIAL ZONES," SECTION 3.12 "APPLICABILITY, BUILDINGS
WITH MULTIPLE UNITS;" AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY
STANDARDS," DIVISION 4 " RESIDENTIAL ZONES" TO ADD SECTION
3.13.5 "RESIDENTIAL OFF-STREETPARKING;" AMENDING APPENDIX A
"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND
COMPATIBILITY STANDARDS," DIVISION 5 "DISTRICT
COMPATIBILITY STANDARDS," SECTION 3.14 "COMPATIBILITY
STANDARDS;" AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," TO RENUMBER ARTICLE IV "DEFINITIONS" AS
ARTICLE VI AND ADDING THE DEFINITIONS OF "AMENDING PLAT,"
"CALIPER," "DEVELOPED LAND," "DRIVE-THROUGH RESTAURANT,"
"EVERGREEN TREE," "EXISTING TREE," "FILED," "GROUNDCOVER,"
"HORIZONTAL MIXED-USE DEVELOPMENT," "IMPERVIOUS SURFACE,"
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September 8,2022
Page 8 of 18
"INTERSTATE, EXPRESSWAY,OR FREEWAY," "LANDSCAPE RESERVE,"
"LARGE TREE," "LOCAL STREET," "LOT CONSOLIDATION," "LOT LINE
ADJUSTEMENT," "MINOR ARTERIAL," "MINOR PLAT," "MINOR
REPLAT," "MIXED-USE BUILDING," "MONUMENT SIGN," "MULCH,"
"MULTI-FAMILY," "OUTDOOR LIVING AREA," "PARKING SPACE,"
"PLAT," "PLOT PLAN," "PRIMARY BUILDING(S)," "PRIMARY
ENTRANCE(S)," "PRINCIPAL OR MAJOR ARTERIAL," "PROJECT AREA,"
"RESUBDIVISION," "RESUBMITTED," "SECONDARY BUILDING(S),"
"SECONDARY ENTRANCE(S)," "SHADE TREE," "SHRUB," "SINGLE-
FAMILY DWELLING," "SMALL BOX DISCOUNT RETAIL," "SMALL
SUBDIVISION," "SMALL TREE," "STREETSCAPE," "SUBDIVISION,"
"SUBDIVISION PLAT," "TREE," AND "USABLE OPEN SPACE";
AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," TO
ADD ARTICLE IV "SUBDIVISIONS" AND ADD DIVISION 1 "GENERAL,"
DIVISION 2 "ADMINISTRATION," DIVISION 3 "LOT CONSOLIDATION,"
"DIVISION 3.25 SMALL SUBDIVISION," DIVISION 3.50 "MINOR PLATS,"
DIVISION 3.60 "MINOR REPLATS," DIVISION 3.70 "AMENDING PLATS,"
DIVISION 4 "SUBDIVISION PLAT," DIVISION 5 "SUBDIVISION
VARIANCE," DIVISION 6 "SPECIAL DEVELOPMENTS AND
SUBDIVISIONS," AND DIVISION 7 "ENGINEERING AND CONSTRUCTION
STANDARDS;" AMENDING APPENDIX A "UNIFIED LAND
DEVELOPMENT CODE," TO ADD ARTICLE V "SIGNS" AND ADD
DIVISION 1 "IN GENERAL," DIVISION 2 "ADMINISTRATION, AND
DIVISION 3 "REGULATIONS;" 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.
6. UNOPPOSED CANDIDATE - COUNCIL MEMBER DISTRICT NO. 1
a. Receive the Certificate of Unopposed Status for the Office of Council Member,
District No. One.
Mayor Capetillo received the Certificate of Unopposed Status for the Office of Council Member,
District No. One.
b. Consider an ordinance declaring the unopposed candidate Laura Alvarado elected to
the Office of Council Member District No. One of the City of Baytown.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Heather Betancourth to approve Ordinance No. 15,193, related to Item 6.b.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tem
Charles Johnson, Council Member Heather Betancourth, Council Member
Jacob Powell, and Council Member Mike Lester
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September 8,2022
Page 9 of 18
Nays: None
Other: Council Member Laura Alvarado (Absent)
Approved
ORDINANCE NO. 15,193
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE UNOPPOSED CANDIDATE LAURA
ALVARADO ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT
NO. ONE (1) OF THE CITY OF BAYTOWN AND CANCELING THE
ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE
HELD ON THE 8TH DAY OF NOVEMBER, 2022, FOR THE PURPOSE OF
ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. ONE (1)
OF THE CITY OF BAYTOWN; ORDERING THE CITY CLERK TO INCLUDE
ON THE BALLOT FOR THE CITY'S MUNICIPAL ELECTION TO BE HELD
ON THE 8TH DAY OF NOVEMBER, 2022, A HEADING ENTITLED
"UNOPPOSED CANDIDATES DECLARED ELECTED"UNDER WHICH THE
OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. ONE(1)AND
LAURA ALVARADO'S NAME SHALL APPEAR; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
7. PROPOSED ORDINANCE
a. Consider an ordinance awarding the Annual Residential Solid Waste Collection,
Disposal, and Recycling Services Contract for the City of Baytown to Best Trash, LLC.
A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern
Charles Johnson to discuss Item 7.a. However, there was discussion prior to the vote.
Public Works and Engineering Director Frank Simoneaux relayed at the last Council Meeting he
had presented a contract for solid waste collection. However, Council requested an option that
would include cart collections, so staff went back and negotiated a new contract with Best Trash
to include such option. Therefore, Item 7.a. was to consider an ordinance authorizing an Annual
Solid Waste Contract with Best Trash for the duration of five years and with the option to extend
for six years. The contract included a twice-a-week collection of trash in a sixty-five-gallon cart
that would be provided by the contractor. Or, up to ten thirty-gallon trash bags placed outside the
cart and a once-a-week recycling collection in a sixty-five-gallon cart. Both materials would be
collected on the second collection day and would be limited to four cubic yards. The price per
household would be $24.10 with the total estimated value in the first year for $5,928,600. The
amount may be adjusted annually based on an agreed Consumer Price Index (CPI) with a total
adjustment over five years that would be limited to 20%. As relayed, staff recommends approval.
Mayor Capetillo recalled Waste Management would be receptacle only while Best Trash would
allow for both receptacles of sixty-five gallons of trash and trash bags. Mr. Simoneaux confirmed
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September 8,2022
Page 10 of 18
that was correct and added Waste Management's option was ninety-five-gallon containers for both
trash and recycling.Mayor Pro Tern Johnson questioned if Best Trash took the time to ride through
their city, especially District 1 alleyways. Mr. Simoneaux replied they had, so Mayor Pro Tern
Johnson further questioned if they were able to accommodate to that. Mr. Simoneaux confirmed
Best Trash was comfortable getting into those alleyways as they would use rear load trucks.
Mayor Capetillo questioned if he were to put out two sixty-five-gallon receptacles, would that be
picked up?Mr. Simoneaux replied there was an option to purchase,or rent,an additional container
for the cost of$8 per month. However, if residents put out a smaller trash can, there would not be
an additional charge.Best Trash Owner Matthew May confirmed residents could put out additional
cans and bags up to fifty gallons in size, but they could not be privately owned. It was further
clarified each citizen would receive a sixty-five-gallon cart for trash and recycling. If they needed
an additional can and if it was lower than that, it would be fine. However, if it was sixty-five or
above, they could purchase an additional cart for$8 per month or$6 per month for recycling.
The vote for the motion on the table for Council to discuss Item 7.a.had not been taken by Council.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Chris Presley to approve Ordinance No. 15,194,related to Item 7.a. However,there was discussion
prior to the vote.
Mayor Pro Tern Johnson noted the difference of the two bids would be about $7. Mr. Simoneaux
confirmed it was $24.10 versus $31.16. Mayor Pro Tern Johnson further shared most people in his
neighborhood put out two sixty-five-gallon trash cans, so they would have to pay an $8 fee.
Residents would have to pay out of pocket for that or to find a smaller trash can. He wished there
was an option that took what most citizens already had to not add them any costs. $8 per month
came out to almost $100 a year, and for the next five years that would be about $500. Council
Member Lester noted most of his neighbors also used a couple of carts and trash bags. As he lived
along the bayou, he had hoped the City would get away from bags. However, Council Member
Lester believed the proposal was closer to what the City currently had and Waste Management's
proposal for strictly containers may be a harder step for residents. He was torn because if$24.10
was the saving for citizens and if they had to pitch in another$8, it would then not be a saving.
Mr. Simoneaux clarified the $7 difference with Waste Management would be for all residents to
pay. With Best Trash, select people who would like a second cart would have to pay. On that note,
Council Member Powell shared his neighborhood also used multiple cans and that some only put
their trash out once despite the City offering twice-a-week.Thus, going with the higher cost option
for the sake of those that needed it would cause everyone to pay more. He also agreed the option
presented was closest to their current service. Council Member Presley and the Mayor concurred.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern
Charles Johnson, Council Member Heather Betancourth, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
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September 8,2022
Page 11 of 18
Other: Council Member Laura Alvarado (Absent)
Approved
ORDINANCE NO. 15,194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ANNUAL RESIDENTIAL SOLID WASTE
COLLECTION, DISPOSAL, AND RECYCLING SERVICES CONTRACT
WITH BEST TRASH, L.L.C.; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE MILLION TWO
HUNDRED SEVENTY-SIX THOUSAND NINE HUNDRED FIFTY-SEVEN
AND NO/100 DOLLARS ($5,276,957.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
8. PROPOSED RESOLUTION
a. Consider a resolution to amend the City of Baytown's City Council Rules and
Procedures to establish new time limits for public speakers.
Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item.
Mr. Isaac relayed the resolution looked like a reactionary measure to the last meeting where an
individual was allocated time by several different members of the community. He believed the
reaction was a little extreme to limit that to only three people because a lot of people did not have
the gift of public speaking. Also, Mr. Isaac believed it was a reactionary measure against himself.
He cautioned Council against limiting citizen's freedom to communicate with their elected
officials, and for them to consider speakers who spoke for those that could not do it themselves.
He requested Council to not limit that to three people as Lee College had four and Goose Creek
had five or six. Baytown's City Council should have more than those two entities, in his opinion.
Mayor Capetillo clarified Council did look at other governmental entities. Goose Creek, for
example, had a set timeframe regardless of how many speakers. The resolution would allow an
individual up to nine minutes. It would not limit an item to nine minutes, only one speaker. Mayor
Capetillo affirmed public hearings would remain the same as well as the citizens that signed up on
an item would be given their three minutes. He believed that allowed for the freedom of speech.
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles
Johnson to approve Resolution No. 2,797, related to Item 8.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern
Charles Johnson, Council Member Jacob Powell, and Council Member
Mike Lester
Nays: Council Member Heather Betancourth
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September 8,2022
Page 12 of 18
Other: Council Member Laura Alvarado (Absent)
Approved
RESOLUTION NO. 2,797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CITY COUNCIL RULES OF PROCEDURE;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
9. DISCUSSIONS
a. Discuss the City of Baytown Fiscal Year 2022-2023 Proposed Budget.
Finance Director Victor Brownlees opened the item recalling he had emailed Council two sets of
proposals relating to the General Fund that were predicated upon a tax reduction of 2.5¢ and a$25
million debt issuance. One option set the general contingency at $1 million with the days in the
fund balance being at seventy-five. The second option set the contingency at $2 million which
dropped the fund balance to seventy-two days. In addition, there was a second set of three options
relating specifically to the Capital Investment Program (CIP) that dealt with the debate between
the two Ad Hoc Committees. Thus, Mr. Brownlees presented the Architectural and Engineering
Committee's proposal,the Finance Committee's proposal, and also a suggestion made by himself.
The Architectural and Engineering Committee's proposal was for the Jenkins Park Pavilion to be
delayed and for the 100 Block of Texas Avenue to be funded from the CIP. The Finance
Committee's proposal was to move both of those in to the Municipal Development District
(MDD), so it would have to be requested by the MDD to consider that and amend their budget to
do so. Mr. Brownlees's suggestion was that the CIP could shoulder the burden for both projects.
Thus,the City would not have to delay the Jenkins Park Pavilion nor go to the MDD. After further
clarifications, Mayor Capetillo shared he was in favor of the seventy-two days and $2 million
contingency. Council Member Presley and Council Member Betancourth agreed. With the CIP
options, Council Member Powell and Council Member Presley supported Mr. Brownlees' option.
Council Member Lester wished to discuss the Art League Building because the number they
discussed was $150,000 while $250,000 was in the budget. Council Member Betancourth noted
that was incorrect as the Architectural and Engineering Committee proposed$150,000 in cash and
$100,000 in debt issuance. The Finance Committee recommended that all be cash-funded and not
split in to two funding sources. However, Council Member Presley stated it was the Architectural
and Engineering Committee's intent to recommend a total of$150,000 while the $250,000 came
out of the deliberations of the Finance Committee. Regardless, he did not have an issue with the
$250,000, but requested a structural engineer be consulted to see if the second floor was useable.
Mayor Pro Tern Johnson questioned why the Architectural and Engineering Committee initially
suggested $150,000. Council Member Lester replied they were looking for ways to cut the budget
and a miscommunication added$100,000. Council Member Betancourth shared she did not know
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September 8,2022
Page 13 of 18
why it came to the Finance Committee that way, but she did not believe that was nefarious. Mr.
Brownlees explained$250,000 was the minimum needed for all the work necessary to the building.
If it was cut to $150,000, he suggested the item be cut entirely. Mayor Pro Tem Johnson was
concerned that a structural engineer was not discussed to be used with the listed amount, so some
repairs would not be done. Council Member Presley and Mayor Capetillo disagreed and advocated
for the structural engineer. In addition, Mayor Pro Tern Johnson expressed concern over the
$100,000 that came out of nowhere and that Council was finding ways to spend that money.
After further clarifications, Council Member Betancourth agreed the$250,000 did not account for
a structural engineer so she would support adding another $20,000 for that. On the other hand,
Council Member Presley and Mayor Capetillo believed the$250,000 could absorb that. So,Public
Works and Engineering Director Frank Simoneaux listed what the $250,000 was supposed to
include which would not be covered with$150,000. With that, Council Member Lester expressed
concerns with repairs to the upstairs, and recapped on the clarification of the miscommunication
with the$100,000. If$250,000 was determined to be needed for all the work proposed,Mayor Pro
Tern Johnson was okay with that. Thus, Council reached a consensus on Mr. Brownlees's option.
Assistant City Manager Jason Reynolds questioned if there was a consensus on the structural
engineer. Mayor Capetillo repeated it could be absorbed in the $250,000. Council Member Lester
suggested they do the necessities first. If there were a few thousand left,then do that. If not,Council
would have a conversation about it. On another note, he had an issue with the two Economic
Development positions as Council reached a consensus on one. He interpreted the situation had
been one could be done, but they found they could fund another. Mr. Reynolds understood his
concern, yet requested trust in staff that they would not do that without Council knowing.
Moreover, Council Member Presley believed the City did not yet have an Economic Development
Department and expressed his doubts in approving two positions that would not have any one to
report to. He advised there be a more holistic approach. As it was beyond his time on Council,
Council Member Presley believed the matter was beyond his and the City Manager's tenure.
Nonetheless, City Manager Rick Davis touched on how he handled vacancies with the Police and
Fire Departments. Thus, he recommended Council eliminate the positions entirely. Staff would
approach Council when they were ready to satisfy their needs for Economic Development and
when there was enough latitude in the budget. With that way, Council would not authorize
anything but there would be an understanding that staff would reconfigure the program and would
need that additional help. Mr. Davis explained staff would then come to Council and ask for that
position. Council Member Lester countered the City had a current position. He proposed they keep
one position and fill those two. If staff were to need a third,he requested trust in Council that they
would respond to that. Assistant City Manager Kevin Troller further clarified the reason two were
proposed was because of the meeting he did not attend where the discussion happen. Council's
consensus was to leave the two positions, staff would hire one, and when staff was ready they
would come back to Council. With that settled, Mr. Brownlees recapped on Council consensus.
10. REPORTS
a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending June 30, 2022.
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September 8,2022
Page 14 of 18
Finance Director Victor Brownlees reported the General Fund balance the City would end with
stood at about 140 days which would allow them to fund more in the Capital Investment Program
(CIP)in the next year.On the Aquatics Fund,Mr. Brownlees summarized the fund was in a healthy
position. For the Hotel/Motel Fund, the City continued to outperform it. The Water and Sewer
Fund was spot on in terms of revenues and expenditures as predicted, and the Sanitation Fund
would be even better going in to the next year with their new contract. Mr. Brownlees noted that
would give the City an opportunity, as they go through the next year,to consider what to do if that
fund balance grew. On the Storm Water Utility Fund, it was as staff expected as well as the Street
Maintenance Fund. Mr. Brownlees lastly reported their quarterly earnings were up significantly
thanks to interest rates growing and the outsourcing of the City's investment advisory service. The
quarterly earnings were almost at half a million while the last quarter did not even reach$100,000.
b. Receive the no-new revenue tax rate and voter-approval tax rate.
Finance Director Victor Brownlees reported the new revenue rate came in at 75.1560, and the
voter-approval rate came in at 83.30. Council's proposal was to drop the tax rate to 760 which was
significantly below the voter-approval tax and closer to their new revenue tax rate.
c. Receive the 2022 Appraisal Rolls certified by the Harris County Appraisal District
and the Chambers County Appraisal District.
Finance Director Victor Brownlees reported the City of Baytown's value was up 20%. Of that,
18% was in Harris County and Chambers County increased by 48%, much of which was with
industrial valuations. Baytown's revenue rate dropped because their appraised values increased.
11. CONSENT
Mayor Capetillo announced Mr.David Isaac had signed up to speak on Item 11.f. Instead of pulling
the item for discussion, Council proceeded to Item 11.f. before entertaining the motion to approve
the entire Consent Agenda. After which, Council proceeded to do just that.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris
Presley to approve Consent Agenda Items 11.a. through 11.f. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern
Charles Johnson, Council Member Heather Betancourth, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Laura Alvarado (Absent)
Approved
a. Consider an ordinance authorizing Change Order No. 8 for Baytown Animal Shelter
and Adoption Services Project between the City of Baytown and Construction Masters of
Houston LLC.
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September 8,2022
Page 15 of 18
ORDINANCE NO. 15,195
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 8 TO THE BAYTOWN
ANIMAL SHELTER AND ADOPTION SERVICES PROJECT WITH
CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO
EXCEED NINETY-SIX THOUSAND EIGHT HUNDRED TEN AND 62/100
DOLLARS ($96,810.62); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance authorizing a Professional Services Agreement with HDR
Engineering, Inc. for project management, construction management, and inspection
services for the Annexation Utilities Connally Area Package One Project.
ORDINANCE NO. 15,196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH HDR ENGINEERING, INC., FOR PROJECT MANAGEMENT,
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE
ANNEXATION UTILITIES CONNALLY AREA PACKAGE ONE PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED THREE HUNDRED FOURTEEN THOUSAND NINE
HUNDRED EIGHTY-SIX AND 23/100 DOLLARS ($314,986.23); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Consider an ordinance approving Change Order No. 2 to the contract for Housing
Reconstruction between the City of Baytown and R&R Commercial & Residential
Construction, LLC.
ORDINANCE NO. 15,197
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT FOR
HOUSING RECONSTRUCTION WITH R&R COMMERCIAL &
RESIDENTIAL CONSTRUCTION, LLC, IN AN AMOUNT NOT TO EXCEED
THIRTY-SIX THOUSAND EIGHT HUNDRED FORTY-THREE AND 80/100
DOLLARS ($36,843.80); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance authorizing the purchase of GIS remediation services from
DATAMARK, a division of Michael Baker International, Inc., to establish location
validation, routing, and the geospatial layers necessary to be in compliance with National
Emergency Number Association (NENA) Next Generation 9-1-1 (NG9-I-1) Core Services.
City Council Regular Meeting Minutes
September 8,2022
Page 16 of 18
ORDINANCE NO. 15,198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PURCHASE OF GIS REMEDIATION
SERVICES FROM DATAMARK, A DIVISION OF MICHAEL BAKER,
INTERNATIONAL, INC., TO ESTABLISH LOCATION VALIDATION,
ROUTING, AND THE GEOSPATIAL LAYERS NECESSARY TO BE IN
COMPLIANCE WITH NATIONAL EMERGENCY NUMBER ASSOCIATION
(NENA) NEXT GENERATION 9-1-1 (NG9-1-1) CORE SERVICES;
AUTHORIZING PAYMENT IN THE AMOUNT OF NINETY-ONE
THOUSAND, FIVE-HUNDRED, TWENTY DOLLARS ($91,520.00) BY THE
CITY OF BAYTOWN; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing a Professional Services Agreement with Kimley-
Horn and Associates, Inc.,to provide assistance in the submission of a Rebuilding American
Infrastructure with Sustainability and Equity Grant for Segments C-F of Garth Road.
ORDINANCE NO. 15,199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE
ASSISTANCE IN THE SUBMISSION OF A REBUILDING AMERICAN
INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY GRANT FOR
SEGMENTS C-F OF GARTH ROAD; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY
THOUSAND AND NO/100 DOLLARS ($60,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing payment to Baker Wotring, L.L.P., for legal
services in connection with United States of America and State of Texas v. City of Baytown;
Civil Action No. 4:22-cv-01279, in the United States District Court for the Southern District
of Texas, Houston Division.
Before the approval of the Consent Agenda, Mr. David Isaac was announced to have signed up to
speak on Consent Item 11.f.
Mr. Isaac believed $250,000 was allocated to hire an attorney for the litigation of the matter, and
commented that could have been spent on many other things. He wished to compel Council to be
responsible with the water going forward as many people were affected, especially on the west
side of Baytown in District 1. Mr. Isaac requested they help those people affected by the situation.
With that, Council proceeded with the motion to approve the entire Consent Agenda, as presented.
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September 8,2022
Page 17 of 18
ORDINANCE NO. 15,200
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT TO BAKER WOTRING, L.L.P., FOR
LEGAL SERVICES IN CONNECTION WITH UNITED STATES OF AMERICA
AND STATE OF TEXAS V. CITY OF BAYTOWN, CIVIL ACTION NO. 4:22-CV-
01279, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF TEXAS, HOUSTON DIVISION, IN AN ADDITIONAL
AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND
NO/100 DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
12. APPOINTMENTS
a. Consider three (3) appointments to the Parks and Recreation Board.
Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item.
Mr. Isaac noted one of the individuals listed for the appointments was former Council Member
Terry Sain who served on two different committees. He believed it was time to cycle Mr. Sain out
for new representation. Also, Mr. Kevin Jones had been in place since 2009, but it was his first
time as Chair. Mr. Isaac hoped there would be new leadership on the Parks and Recreation Board.
Mayor Capetillo relayed all three appointments were for the Mayor and announced his first
nomination was for Mr. Sain. Next, he nominated Mr. Jamari Gilbert. As for the third vacancy,
Mayor Capetillo stated he would make an appointment on a future date.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Mike
Lester to approve Mr. Terry Sain and Mr. Jamari Gilbert as the two (2) appointment to the Parks
and Recreation Board. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern
Charles Johnson, Council Member Heather Betancourth, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Laura Alvarado (Absent)
Approved
13. MANAGER'S REPORT
City Manager Rick Davis recognized Firefighter Paramedic Bradley Bryant for achieving his
Intermediate Structure Firefighter certification. Likewise, Mr. Davis recognized Fire Equipment
Operator George Lusito who received his Advanced Structure Firefighter certification.
City Council Regular Meeting Minutes
September 8,2022
Page 18 of 18
14. COUNCIL MEMBER DISTRICT REPORT
a. Receive a report from Council Member Chris Presley regarding District No. Two
projects and programs.
Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item.
Mr. Isaac shared the community was working to supplement the progress made with the San
Jacinto Mall and were focusing their efforts on the old K-Mart on North Pruett. Mr. Isaac expressed
his hope that they could get some compliance and cooperation from Council Member Presley.
Council Member Presley began his report by noting the new Utility Building was coming along
nicely. The parking lot had been completed, the steel frame went up the week before, and the roof
deck was installed earlier that day. He similarly stated the new artificial turf at Town Square was
coming along and that,despite the weather,the new shade structures had been installed. Moreover,
two businesses had moved in to the Arts District: La Bocanegra and the Black Orchid Florist. He
additionally confirmed another small business of food and beverage was still in the works on the
corner of Pruett Street in West Texas. Also on Pruett, the old Grace Methodist Church would be
undergoing an $8 million renovation and would be converted in to the Bob Hope School. Next,
Lee College would be opening their new bookstore on Texas Avenue and would also move their
cosmetology program in to an adjacent building on the same block. In addition, the college was
finishing up a $1 million renovation of the McNulty Haddick Building to double the size of their
nursing program. Lastly, Council Member Presley relayed he and Council Member Alvarado
attended a Pelly neighborhood meeting. He thanked staff and spoke on the success of that meeting.
15. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the September 8,
2022, City Council Regular Meeting at 7:50 P.M.
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