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2022 12 08 CC Minutes, Special MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 8, 2022 The City Council of the City of Baytown,Texas,met in a Special Meeting on Thursday,December 8, 2022, at 7:00 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 Sarah Graham Council Member Kenrick Griffith Council Member Heather Betancourth Council Member Jacob Powell Mayor Pro Tem 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 December 8, 2022, City Council Special Meeting with a quorum present at 7:00 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Alvarado. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. 5 YEAR Karen Anderson, City Attorney, Paralegal Agnes Mckay, Human Resources, HR Specialist II Brodrick Thompson, Public Works, Utility Maintenance Specialist Bryce Perkins, Police, Patrol Officer Bret Rasch, Police, Patrol Officer Justin Turpin, Police, Patrol Officer Ruben Servantes, Public Works, Utility Maintenance Specialist 10 YEAR Beverly Vercher, Building Services Div., Building Service Inspector I Jose Gonzales, Parks, Heavy Equipment Specialist I 15 YEAR Clarence Jones, Fire, Firefighter Dana Jenkins, Fire, Firefighter City Council Special Meeting Minutes December 8,2022 Page 2 of 26 Mark Houser, Fire, Firefighter Norberto Galindo, Police, Police Sergeant 20 YEAR Steven Jones, Police, Police Sergeant 25 YEAR Eleazar Arellano, Parks, Crew Leader 30 YEAR Carol Flynt, Human Resources, Director Human Resources/CS b. Recognize the Youth Leadership Academy participants. Library Director Jamie Eustace opened the item introducing Community Engagement Coordinator Sabrina Martin and Librarian II Catherine Beverly. Ms. Martin relayed they had representatives from the Fall Youth Leadership Academy present at the meeting. In the past few months, the students participated in Baytown Bucks, planned an event with Parks and Recreation, had a meet and greet with Council, and toured the City's street equipment with Public Works. c. Recognition of City Manager Rick Davis. Former President of the Baytown Municipal Police Association Bill Nelson opened the item to comment over City Manager Rick Davis and his partnership with the Baytown Police Department (BPD). Mr. Davis treated BPD as a partner and developed their relationship based on trust. Mr. Nelson relayed that relationship allowed BPD and the City to grow even while facing hurdles like Hurricane Harvey and COVID-19. On behalf of the Baytown Municipal Police Association, he presented Mr. Davis a small token of their appreciation and wished him well. Former Mayor Stephen DonCarlos also gave a few words and stated that the City was better off because of him. Council Member Alvarado then expressed her appreciation for having Mr. Davis as their City Manager. She shared with the public that Mr. Davis had went over every single Agenda Item with her on her first few days on Council. In addition to that,she thanked him for making the community a core in his strategic planning process. Council Member Betancourth similarly thanked Mr. Davis for the time and effort he had given to the City over the years. The Strategic Plan and process was his legacy and the City was better off for it. Of all the different projects and policies they worked on together over the past five years,her favorite was the Parental Leave Policy for City employees. Mayor Pro Tern Powell expressed it had been a pleasure working with Mr. Davis and thanked him for all that he did. Council Member Lester reminisced over the time he was Mr. Davis's employee prior to being elected to Council. He shared Mr. Davis exemplified professionalism in handling staffing issues, budgetary issues, as well as Council issues. Council Member Lester believed Mr. Davis had done an excellent job and that he would be successful in whatever he does in the future. Mayor Capetillo also enjoyed serving with Mr. Davis. With things like the Strategic Plan and the elevation of their professionals, it made the City a healthier and more credentialed organization. City Council Special Meeting Minutes December 8,2022 Page 3 of 26 2. ZONING MAP AMENDMENT OF APPROXIMATELY 2.47 ACRES LOCATED AT 5225 MIDDLETON ST a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 2.47 acres located at 5225 Middleton Street from a General Commercial(GC)to a Mixed Residential at Low to a Medium Densities(SF2)zoning district. At 7:26 P.M., Mayor Capetillo opened the hearing concerning a request to amend the official zoning map to rezone approximately 2.47 acres located at 5225 Middleton Street from a General Commercial (GC) to a Mixed Residential at Low to a Medium Densities (SF2) zoning district. Planning and Development Assistant Director Chris Chavis summarized the subject matter of the hearing. The item was for a 2.47-acre tract to be rezoned from GC to SF2 which was supported by their Comprehensive Plan. By displaying an aerial photo, Mr. Chavis explained residentials were located on the east end of Middleton Street and that was now transitioning to the west end. He additionally showed their existing zoning map and noted three parcels on the south end of Middleton were recently rezoned for a single-family. The Comprehensive Plan indicated there was a mixed residential use for that street. Mr. Chavis displayed what the map would look like if the rezone was accepted. SF2 allowed for nine units per acre and that could be detached or attached units. At 7:28 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 2.47 acres located at 5225 Middleton Street from a General Commercial (GC) to a Mixed Residential at Low to a Medium Densities (SF2) zoning district. b. Consider an ordinance to amend the official zoning map to rezone approximately 2.47 acres located at 5225 Middleton Street from a General Commercial (GC) to a Mixed Residential at Low to Medium Densities (SF2) zoning district. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,293, related to Item 2.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Kenrick Griffith did not vote. Approved ORDINANCE NO. 15,293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF City Council Special Meeting Minutes December 8,2022 Page 4 of 26 BAYTOWN TO REZONE APPROXIMATELY 2.47 ACRES LOCATED AT 5225 MIDDLETON STREET, LEGALLY DESCRIBED AS TRACT 2B, THE HURR ESTATE, 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. 3. ZONING MAP AMENDMENT OF APPROXIMATELY 35.1 ACRES GENERALLY LOCATED NEAR 703 HUNT RD, BETWEEN N MAIN ST AND GARTH RD a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 35.1 acres generally located near 703 Hunt Road from a General Commercial (GC) to a Medium Density Mixed Residential (MF1) Zoning District. At 7:30 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 35.1 acres generally located near 703 Hunt Road from a General Commercial (GC)to a Medium Density Mixed Residential (MF 1) Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The item was a request for the property in question to be rezoned from GC to MF1. The proposed project would be detached rentals with one big lot of small single-family homes, duplexes, and sixplexes. All the units would be for rent and managed like an apartment complex. The proposal included 267 units that would be made up of 91 cottages, 80 duplex units, and 96 sixplex units. Mr. Scribner noted the Future Land Use Map showed that area as commercial which did allow zoning that would permit multifamily in certain circumstances. Therefore, due to that recent change Council approved of, the request did meet the Future Land Use Map requirements. The current zoning map showed the surrounding areas had MF1, Mixed Uses (MU), and MF2. As the property was zoned GC, MF1 would fit in with those other areas. However, Council adopted a policy that discouraged new multifamily within a half mile of existing multifamily. Mr. Scribner confirmed there were existing multifamily projects within a half mile of the property. Thus, Staff made a recommendation to the Planning and Zoning Commission for denial based on the lack of community need. The Planning and Zoning Commission held a public hearing in October where a few neighbors expressed opposition. Nonetheless, the item continued to November. The Commission recommended approval and disagreed with Staff on the issue of community need. Mr. Scribner further noted the applicant discussed with Staff about their desire to apply for a Planned Unit Development(PUD). A PUD was a type of zoning that would hold the developer to a higher standard and solidify the proposal as presented. Staff directed the applicant to apply for an MF1 zoning, but the proposal did not rise to the level of a PUD. Nevertheless, the proposal before Council was for an MF 1 zoning. Mr. Scribner explained that allowed for anything up to garden-style apartments at a maximum of fifteen units per acre. Staff believed the applicant fully City Council Special Meeting Minutes December 8,2022 Page 5 of 26 intended to build what they proposed, but things could happen over time. He reminded Council Staffs recommendations were made on the uses allowed and not just on what would be proposed. Mayor Capetillo announced several citizens had signed up to speak on the public hearing. First to the podium was Mr. Elbert Miller. Mr. Miller's concern was that the thirty-five acres behind his property would be 75% to 85% concrete. Thus, all the water would go his way. He informed Council a storm drain was right at his driveway, but it did not adjoin the applicant's property yet. Mr. Miller questioned if the City would put that in or would the applicant be liable for that. He additionally questioned if the applicant would put in a privacy fence. Or, would the detention pond be that privacy fence between the development and their residentials? While the applicant proposed certain things, Mr. Miller was concerned that those things could be changed. Ms. Sylvia Foster shared the same concern about flooding. In addition, right next to her property would be the retention pond. She already battled with mosquitoes,West Nile,and water moccasins. Ms. Foster also discussed the issue of traffic. Cars sped at seventy or eighty miles an hour and, because of the s-curve,people could not see. At night,it was awful. However,putting a light would block residents in. She further questioned the need for the rezone due to the apartments down their street. With all the units proposed, how would residents get in and out with no other exits? Former Mayor Stephen DonCarlos then commented the project was not a normal multifamily as it would be Florida-style cottages. He had visited the applicant's Conroe development and described it as the most unique multifamily he had ever seen. The largest structure he saw was two-stories with six apartments, and all the cottages had porches and small lawns. The cottages were family oriented and had a mix of tenants from retired folks to young professionals. He added it would also be high-end, multifamily housing. The rents would be substantially more than any other complex in Baytown at that time. The applicant also agreed to donate the right-of-way for Santavy and future East Road extensions. Mr. DonCarlos relayed that would help the City with the master planning of that entire track.Thus,he urged Council to carefully consider the applicant's proposal. Mr. Tim Crawford, the applicant, then presented a drone video of their project in Conroe and introduced himself and his company. While Baytown did not want to see rentals, Mr. Crawford claimed there was a need that would be met. Ms. Tiffany Foster and himself had put together a housing analysis and presented it to the Planning and Zoning Commission. It was discovered that Baytown's average rental versus single-family was not any different than the national average. However, mistakes were made in Baytown by all the multifamily being the same style. Baytown did not have a lot of middle housing which the Comprehensive Plan called"The Missing Middle." The Missing Middle consisted of townhomes, condos, patio homes, etc. Mr. Crawford expressed the Cottage Green, their proposed project, was that Missing Middle. It was a cottage-style living community with front and back yards on most of their homes. The project would have two-story products which were intended to create a good look when driving in to the community. One of the things that allowed them to charge a premium was because the cottages were spread out and residents would have a sense of space. Mr. Crawford proceeded to talk about their other projects to note that they moved fast and to list the other things that they could provide Baytown. City Council Special Meeting Minutes December 8,2022 Page 6 of 26 At 7:51 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 35.1 acres generally located near 703 Hunt Road from a General Commercial (GC)to a Medium Density Mixed Residential (MF 1) Zoning District. b. Consider an ordinance to amend the official zoning map to rezone approximately 35.1 acres generally located near 703 Hunt Road from a General Commercial(GC) to a Medium Density Mixed Residential(MF1) Zoning District. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Jacob Powell to discuss Item 3.b. As Council had their discussion, no vote was taken on the motion. Council Member Alvarado requested the developer to address drainage. While the pictures of the proposed development were beautiful, she noted many developments did not plant trees nor planned for any other type of natural drainage. From Staffs perspective, Planning and Development Director Martin Scribner replied they would not have all of that detailed as part of the rezone. From the applicant, Ms. Tiffany Foster responded that they had brought in an Engineer to talk more about drainage and the pond issue. She informed Council that any development would plan for everything to be contained onsite. Thus, the development would have detention onsite. In comparison to their Conroe project,Council Member Lester questioned if there would be similar acreage. Mr. Tim Crawford replied their Baytown project would be a larger site; however, their Conroe site had offsite detention. Council Member Lester further inquired and received details on the detention ponds. Council Member Graham then recalled the surrounding property owners had asked about a privacy fence to keep their establishment separate. Mr. Crawford stated they would exceed the City Code requirements. On a separate note, they had a traffic study done at the Planning and Zoning Commission as well. Hunt Road was underserved and the amount of traffic their development would bring would not put a dent on what Hunt Road could handle long-term. Council Member Graham additionally recalled Staff were against the development due to there not being a need. As there were a lot of rentals in Baytown, she questioned why the applicant believed there was a need. Mr. Crawford replied, after the Planning and Zoning Commission, he had ordered a second market study to compare the suburbs of multiple cities. It was extrapolated that Baytown could handle a thousand now and, over time, another thousand of their style of multifamily. Moreover, Council Member Graham believed the development looked like housing for college students. In response, Mr. Crawford shared the demographics of their other development: 94% had no kids; 78% were single; 74% were with women in the household; and 59% were women-only households. With the singles, 80% were in the 20-59 age category and 45% were 40 plus. Council Member Betancourth proposed to table the item. She explained Council had access to information about the project while their new Council Members have not had that level of access. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem Jacob Powell to suspend Item 3.b. for no later than January 31, 2023. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council City Council Special Meeting Minutes December 8,2022 Page 7 of 26 Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved After Item 3.b., Mayor Capetillo took a Point of Privilege to consider the Consent Agenda Items. 4. PROPOSED ANNEXATION OF APPROXIMATELY 11.19 ACRES LOCATED GENERALLY ALONG BLUE HERON PKWY BETWEEN BARKULOO AND CROSBY CEDAR BAYOU RD a. Conduct the second public hearing regarding the proposed annexation of approximately 11.19 acres, located generally along Blue Heron Parkway between Barkuloo Road and Crosby Cedar Bayou Road. At 8:28 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of approximately 11.19 acres, located generally along Blue Heron Parkway between Barkuloo Road and Crosby Cedar Bayou Road. Planning and Development Director Martin Scribner summarized the subject matter of the second public hearing. The item would be part of a rezone that would come before Council next month. Mr. Scribner noted that was Staff initiated; however, the item was just for the annexation itself. There would be two more steps after that night, and the rezone would come to Council as well. At 8:29 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of approximately 11.19 acres, located generally along Blue Heron Parkway between Barkuloo Road and Crosby Cedar Bayou Road. b. Consider the first reading of an ordinance for the proposed annexation of approximately 11.19 acres,the eastern portion of a larger tract situated in the J.W.Singleton Survey,Abstract 709 and the David McFadden Survey,Abstract 591, Harris County,Texas, located generally along Blue Heron Parkway between Barkuloo Road and Crosby Cedar Bayou Road. A motion was made by Mayor Pro Tern Jacob Powell and seconded by and Council Member Mike Lester to approve Ordinance No. 15,310, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Special Meeting Minutes December 8,2022 Page 8 of 26 ORDINANCE NO. 15,310 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 11.19 ACRES OF LAND, LOCATED GENERALLY ALONG BLUE HERON PARKWAY BETWEEN BARKULOO ROAD AND CROSBY CEDAR BAYOU ROAD, AND LEGALLY DESCRIBED AS THE EASTERN PORTION OF A LARGER TRACT SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, AND THE DAVID MCFADDEN SURVEY, ABSTRACT NO. 591, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 5. PROPOSED ANNEXATION OF APPROXIMATELY 19 ACRES LOCATED GENERALLY ALONG IH-10 BETWEEN GARTH RD AND NORTH MAIN ST a. Conduct the first public hearing regarding the proposed annexation of approximately 19.86 acres of land,generally located along the north side of IH-10 between Garth Road and North Main Street. At 8:31 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of approximately 19.86 acres of land, generally located along the north side of IH-10 between Garth Road and North Main Street. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The item was the first public hearing and Council would see the second hearing at the next meeting as well as the first reading. The property would come in to the City as Open Space/Recreation (OR) and Staff anticipated the owner to apply for Mid-Rise Density Mixed Residential (MF2). At 8:32 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of approximately 19.86 acres of land, generally located along the north side of IH -10 between Garth Road and North Main Street. b. Consider an ordinance authorizing a Services Agreement with Roy Elliott, Lois Horton,Lynn M.Weiskittel Revocable Trust,and Laura Reyes,for the proposed annexation of approximately 19.86 acres of land,generally located along the north side of IH-10 between Garth Road and North Main Street. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern Jacob Powell to approve Ordinance No. 15,311, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester City Council Special Meeting Minutes December 8,2022 Page 9 of 26 Nays: None Approved ORDINANCE NO. 15,311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES AGREEMENT WITH ROY ELLIOTT, LOIS HORTON, LYNN M. WEISKITTEL REVOCABLE TRUST, AND LAURA REYES FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 19.86 ACRES OF LAND, GENERALLY LOCATED ALONG THE NORTH SIDE OF IH-10 BETWEEN GARTH ROAD AND NORTH MAIN STREET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. EMERGENCY MANAGEMENT UPDATE a. Receive and discuss a presentation from the Office of Emergency Management (OEM) regarding the status of the City's Emergency Management Program. Emergency Management Coordinator David Alamia presented to Council an annual review of the accomplishments and priorities of the Office of Emergency Management (OEM). First, their biggest accomplishment was re-staffing their office. Mr. Alamia previously worked as the Deputy Emergency Manager and their new Deputy was now Mr. Thomas Quinn. Mr. Alamia then displayed a list of the OEM priorities that they achieved that year which was available in the packets provided to Council. He presented the following information to Council and the public: PLANNING Completed In-Progress • Health and Medical Annex(ESF 8); • Disaster Debris Management Plan; • Agriculture and Natural Resources Annex • Hazard Mitigation Support Annex; and (ESF 11); • Evacuation Support Annex. • Animal Issues Committee Plan and Animal Response SOG; and • Hurricane Response and Recovery Annex. COMMUNITY OUTREACH • Monthly LEPC meetings; • Baytown Area Community Advisory Panel; • Annual Hurricane Preparedness Workshop; • Hurricane Preparedness Packets for Faith- • Community Emergency Response Team Based Organizations; (CERT)Training; • Baytown Nature Nurture Fest; and • Goose Creek Safety and Security Committee • Community Presentations. Meetings; CERT TRAINING PROGRAM • 2 CERT Classes; City Council Special Meeting Minutes December 8,2022 Page 10 of 26 • 16 CERT Training Modules: Disaster Preparedness, Disaster Psychology, Medical Treatment, Search and Rescue, Fire Extinguisher, and Terrorism; and • 29 CERT Graduates. DISASTER SUPPLY WAREHOUSE Completed In-Progress • Dual Fuel Generator Sent to Auction(due to • Palletized Shelter Cot Ready Kids; and age); • Purchased New Dual Fuel Generators. • 2 Generators Serviced by Fire Shop; • 4 Generators Serviced by Parks; and • Disposed Freeze-Dried Food and Replaced with Self-Heating Meals. CHEMICAL SIRENS System Overview System Enhancement Requirements • 22 Sirens; • Control Boards Upgrades; • 1 Control Unit at EOC; • Radio Upgrades; • 1 Back-Up Unit at ExxonMobil; and • Battery Replacements; and • Commander 1 Cloud-Based Remote Access. • Antenna Upgrades. NOTIFICATION SYSTEMS • Transitioned from Swift911 to RAVE; • Notification Options: Baytown Alert, Fire • All Contact and Mapping Data Migrated; Department Advisories,Police Department • Pricing Remained the same as Swift911; Advisories, and Public Work Advisories; and • Limited Non-Emergency Messaging; • Live Date-January 2023 EOC ACTIVATIONS • Rail Car Leak; • Juneteenth Celebration; • Invest 95L/Flash Flooding; • July 4th Celebration; and • Tabbs Bay Oil Spill; • Grito Fest. • Battleship Texas; TRAININGS & EXERCISES Exercises Trainings • Baytown Hurricane Tabletop Exercise; • EOC 101 Training; • Exxon Hurricane Tabletop Exercise; • Debris Management; • Standard Response Model Reunification; • G-300 Intermediate ICS; • GCCISD Joint Active Shooter Tabletop; • G-191 EOC-ICS Interface; and • Baytown Public Information Officer and JIC • National Emergency Management Advanced Workshop; Academy. • CIMA Zone 4 and La Porte Shelter-in-Place Drill; and • Enterprise Products Pipeline Drill. RECOVERY AND MITIGATION FEMA Public Assistance Hazard Mitigation Assistance • DR 4332 Harvey • GLO LHMPP($75,000); - 1 Project Opened • BRIC Mitigation Plan($80,000); City Council Special Meeting Minutes December 8,2022 Page 11 of 26 — Withdrew Lift Station projects due to • HMGP Fire Public Education Project; and costs from FEMA requirements. • HMGP Fire Warning Sign Project. • DR 4586 Winter Storm — Submitted appeal for Force Account Labor($230,957.11). • DR 4485 COVID-19 — Withdrew application and used other COVID funds. 2022 BY THE NUMBERS • 6 Public Education and Outreach Events; • 18 Residential Board and Care Licenses • 6 Emergency Plans Updated; Issued; • 7 EOC Activations and Monitoring Incidents; • 33 EM Meetings with City Departments; • 7 Trainings Instructed, Hosted, or Attended; • 56 EM Meetings with External Agencies; • 8 Exercises Conducted or Attended; • 60 Communication Drills; and • 17 LEPC and Industry Meetings; • 250 E-Notify Industrial Notifications. To end his presentation,Mr. Alamia opened the floor to questions and comments. Council Member Alvarado expressed it was alarming that not a lot of people had the City's Swift911 activated. She appreciated OEM for their community engagement and stressed the importance of having the app. Mr. Alamia noted they had an Integrated Public Alert Warning System (IPAWS). Thus, OEM could reach those that were not registered by using that.The other option was that their new system allowed for multiple ways to register. In fact,people could register by just sending a text message. 7. PROPOSED ORDINANCE a. Consider an ordinance authorizing a Tax Abatement Agreement with Port 10 Intermodal, LLC. Mayor Capetillo announced a citizen, Mr. David Isaac, signed up to speak on the item. Mr. Isaac had never heard of Port 10 Intermodal and expressed the abatement of about$26 million sounded like a handout. He noted a lot of people were hurting from COVID-19 and the mall situation with the $16 million abatement. He asked how long would the City continue to give money away in that way. He believed Port 10 Intermodal should deliver something that would benefit the City in wholesale or fit in to the Strategic Plan. With that, Mr. Isaac requested Council to vote against the abatement unless there was a good reason to approve it. Mayor Capetillo then made note of a revision to Port 10's Tax Abatement application that was requested by the company. Although the cover letter correctly stated that the new building would be 451,008 square feet, the actual application incorrectly stated the building was 294,323 square feet.The City received the confirmation with the company that the new building would,in fact,be 451,008 square feet. Also, the City's notice of the meeting stated the correct square footage. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,312, related to Item 7.a. The vote was as follows: City Council Special Meeting Minutes December 8,2022 Page 12 of 26 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: Council Member Sarah Graham and Council Member Kenrick Griffith Approved ORDINANCE NO. 15,312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A TAX ABATEMENT AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED WITHIN THE PORT 10 LOGISTICS REINVESTMENT ZONE WITH PORT 10 1NTERMODAL, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 2 "Administration," Article V "Finance," Division 1, "Generally," Section 2-595(6), "Engineering services," of the Code of Ordinances, Baytown, Texas, for GIS As-Built Verification. Civil Design Engineer Juan Macias opened the item considering an amendment to Chapter 2 of the City ordinance regarding the Geographic Information System (GIS) bill fees. When a new subdivision was built, the City needed GIS information for the new infrastructure for record purposes. Currently,there were two options for the fees. One was for the developer to pay$75 per lot, and that would be the option the amendment would eliminate. The other option was for the developer to provide the GIS information and pay $50 per lot which would not change. All the developers and staff would follow the same process, so the amendment would simplify the process as there was currently two paths. Mr. Macias ended on the note that staff recommended approval. Council Member Betancourth wished to verify that the fees were not changing and that Staff would just be simplifying the process. Mr. Macias clarified they were eliminating one of the fees which was the $75 per lot. The City was going from two options to one by keeping the $50 per lot. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,313, related to Item 7.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Special Meeting Minutes December 8,2022 Page 13 of 26 ORDINANCE NO. 15,313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595, "FEES FOR VARIOUS CITY SERVICES," SUBSECTION 6 "ENGINEERING SERVICES," OF THE CODE OF ORDINANCES, BAYTOWN,TEXAS, BY DELETING THE FOLLOWING ACTIVITY AND FEE OPTION: "GIS DEVELOPMENT AS- BUILT VERIFICATION FOR SUBDIVISION PLATS THAT ARE NOT SUBMITTED IN A GEOGRAPHIC (AL) INFORMATION SYSTEMS FORMAT" AT $75.00 PER LOT, PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Consider an ordinance awarding a professional services agreement to Development Counsellors International for work associated with the Baytown Image Research and Marketing Strategy. Public Affairs Director Thomas Reeves presented to Council the Baytown Image Research and Marketing Strategy. As part of the budget process, Council adopted $150,000 for the project and Staff went out for a Request for Proposal(RFP)in October.A month later,the City received twelve proposals. Mr. Reeves convened a Selection Committee of three individuals from the City and two from outside. They shortlisted and interviewed five teams before landing on Development Counsellors International (DCI). Thus, Staff requested Council to adopt a contract with DCI. Mr. Reeves relayed there were three stages of the project. The first was research. Mr. Reeves did not want to spend taxpayer dollars on advertising until they knew what their message was and who was their audience. Through an extensive community engagement process, they would answer the question: Why Baytown? Why live, work, develop, invest, and visit here? The three stages of the project were as follows: 1. Market Research (January-March 2023) - Immersion Tour; - External Perception Study; - Community Engagement (surveys, intercepts, focus groups); - Existing Research Review; and - SWOT Analysis. 2. Brand Identity and Messaging(March-June 2023) - Brand Audit; - Target Audience Identification; - Brand Promise; - Key Messages; and - Messaging Collateral. 3. Marketing Blueprint(June-September 2023) - Marketing Strategy and Implementation Plan; - Timeline; - Budget; and City Council Special Meeting Minutes December 8,2022 Page 14 of 26 - Key Performance Indicators. Mr. Reeves relayed it was roughly an eight-month process that would being in January of next year. Staff would come back before the end of the fiscal year to let Council know what the program uncovered and what their next steps would be after the action item and implementation plan. At 8:49 P.M., Council Member Kenrick Griffith stepped out of the meeting and later returned at 8:53 P.M. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,314, related to Item 7.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Kenrick Griffith(Not Present) Approved ORDINANCE NO. 15,314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH DEVELOPMENT COUNSELLORS INTERNATIONAL FOR WORK ASSOCIATED WITH THE BAYTOWN IMAGE RESEARCH AND MARKETING STRATEGY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. DISCUSSIONS a. Receive a presentation from the City Manager to review the progress of the City's first Strategic Plan. City Manager Rick Davis opened the item presenting the Strategic Plan Accomplishment Report. Image and Infrastructure Community Neighborhood Operation Reputation and Mobility Amenities Quality Excellence City Council Special Meeting Minutes December 8,2022 Page 15 of 26 Initiatives 4 4 ti ■Completed •In-Progress 14 Strategies �`. 20". 1 1110 ■Completed •In-Progress 39 Mr. Davis relayed the data was out of the hundreds of initiatives, ideas, and directives shared with the City from their citizens. The first directive identified by the Strategic Planning Advisory Committee (SPAC) was community image and reputation. While there were several initiatives implemented, Mr. Davis highlighted three initiatives for each of the following directives: Image and Reputation Neighborhood Quality 1. The Hotel and Convention Center; 1. Enhancing citizen engagement; 2. Evolving Public Affairs; and 2. Implemented measures to enhance 3. Building relationships to attract high- neighborhood beauty; and quality housing and incentivizing master 3. Continued investment in the Art, planned communities. Entertainment, and Cultural (ACE) District. Infrastructure and Mobility 1. Developed a budgetary practice of Operation Excellence investing in the City's capitol; 1. Bolstered customer service; 2. Expanding pedestrian and mobility 2. Better utilizing technology, such as options; and Baytown Engage; and 3. Addressed chronic flooding in flood 3. Generating public-private partnerships prone areas. for the new Public Safety Campus. Community Amenities 1. Bringing golf back to Baytown; 2. Creating a revitalization plan for Market Street; and 3. New Agreement to redevelop the San Jacinto Mall. While correlation was not causation, Mr. Davis presented the chart below which showed how successful the City had been. He additionally displayed other scores from their citizen surveys which similarly showed Baytown's satisfaction scores exceeding the average of the United States. City Council Special Meeting Minutes December 8,2022 Page 16 of 26 Overall Satisfaction Index - 2016 to 2021 103 103 105 100 102 101 100 - 2016 100 .4_r 95 96 ■2017 95 93 93 '`"` ::: 85 ■2021 Baytown US Average Mr. Davis ended his presentation advising Council to not neglect, abandon, nor distance themselves from the Strategic Plan. It was a guide that would magnify the impacts they would have on the community if Council continued to utilize it. Mr. Davis thanked Council for the privilege of serving them and looked forward to hearing many good things from Baytown. 9. CONSENT A motion was made by Council Member Mike Lester and seconded by Council Member Heather Betancourth to approve Consent Agenda Items 9.a. through 9.s., with the exception of Items 9.m., 9.p., 9.q., and 9.s. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved After the motion to approve the Consent Agenda, Mayor Capetillo proceeded to Item 9.o. a. Consider an ordinance awarding a Professional Services contract to Kimley Horn & Associates,Inc for On Call Engineering Services to assist the Public Works and Engineering Department in plan reviews and miscellaneous engineering services. ORDINANCE NO. 15,294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE AGREEMENT FOR PROFESSIONAL SERVICES WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PERFORM ON-CALL ENGINEERING SERVICES TO ASSIST THE PUBLIC WORKS AND ENGINEERING DEPARTMENT IN PLAN REVIEWS AND MISCELLANEOUS ENGINEERING SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes December 8,2022 Page 17 of 26 b. Consider an ordinance authorizing the purchase of one (1) 2022 Model No. 7724 Pipehunter with tandem trailer from Texas Underground, Inc., through BuyBoard for the Public Works and Engineering Department. ORDINANCE NO. 15,295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-SEVEN THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($77,300.00) TO TEXAS UNDERGROUND, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE OF ONE (1) 2022 MODEL NO. 7724 PIPEHUNTER WITH TANDEM TRAILER FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the purchase of one (1) Tymco Street Sweeper Truck from Tymco Inc, through BuyBoard for the Public Works Department. ORDINANCE NO. 15,296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED FORTY- FIVE THOUSAND FIVE HUNDRED FORTY-ONE AND 30/100 DOLLARS ($345,541.30) TO TYMCO, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE OF ONE (1) TYMCO STREET SWEEPER TRUCK FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of one (1) Global Street Sweeper Truck from Texas Pack and Load,through Sourcewell for the Public Works Department. - ORDINANCE NO. 15,297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED SIXTY- ONE THOUSAND EIGHT HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($361,856.00) TO TEXAS PACK + LOAD FOR THE PURCHASE OF ONE (1) GLOBAL MODEL M4HSD STREET SWEEPER, THROUGH THE SOURCEWELL COOPERATIVE CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes December 8,2022 Page 18 of 26 e. Consider an ordinance authorizing the purchase of one(1)Toro 30609 Groundmaster 4000-D Mower from Professional Turf Products LP through the Texas Local Government Purchasing Cooperative (BuyBoard) for the Parks and Recreation Department. ORDINANCE NO. 15,298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED NINETY-THREE THOUSAND THREE HUNDRED TWO AND 57/100 DOLLARS ($93,302.57) TO PROFESSIONAL TURF PRODUCTS, LP, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE OF ONE (1) TORO GROUNDMASTER 4000-D MOWER FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance rejecting all bids for the Annexation Utility Project Package 2. ORDINANCE NO. 15,299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS RECEIVED FOR THE ANNEXATION UTILITY PROJECT PACKAGE 2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance rejecting all bids for the Annexation Utility Project Package 3. ORDINANCE NO. 15,300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS RECEIVED FOR THE ANNEXATION UTILITY PROJECT PACKAGE 3; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel Fuel Contract with Gold Star Petroleum, Inc. ORDINANCE NO. 15,301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT WITH GOLD STAR PETROLEUM, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE MILLION ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes December 8,2022 Page 19 of 26 i. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts, and supplies for meter maintenance from Core & Main LP. ORDINANCE NO. 15,302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) TO CORE & MAIN LP FOR THE SOLE-SOURCE PURCHASE OF A NEPTUNE WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the payment of an annual assessment to the Harris County Appraisal District. ORDINANCE NO. 15,303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO THE HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2023 TAX YEAR IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHTY-EIGHT THOUSAND ONE HUNDRED TWENTY- TWO AND NO/100 DOLLARS ($288,122.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the purchase of backup radio consoles for Communications, and the licenses necessary to enable encrypted communication on all Police Department radios. ORDINANCE NO. 15,304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00) TO MOTOROLA SOLUTIONS, INC., THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF BACKUP RADIO CONSOLES FOR COMMUNICATIONS, AND THE LICENSES NECESSARY TO ENABLE ENCRYPTED COMMUNICATIONS ON ALL POLICE DEPARTMENT RADIOS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing payment with The Lincoln National Life Insurance Company as the carrier/administrator for the City of Baytown's long-term disability benefits. City Council Special Meeting Minutes December 8,2022 Page 20 of 26 ORDINANCE NO. 15,305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH THE LINCOLN NATIONAL LIFE INSURANCE COMPANY AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S LONG-TERM DISABILITY BENEFITS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-EIGHT THOUSAND AND NO'100 DOLLARS ($198,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing payment with United Healthcare of Texas, Inc., as the carrier/administrator for the City of Baytown's medical and pharmaceutical claims. The item was pushed to the City Council Meeting that would be held on December 12, 2022. n. Consider an ordinance authorizing payment to Stealth Partner Group for services as the carrier/administrator for the City of Baytown's 2023 stop loss coverage. ORDINANCE NO. 15,306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWO MILLION FIFTY THOUSAND AND NO/100 DOLLARS ($2,050,000.00) TO STEALTH PARTNER GROUP AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S 2023 STOP LOSS COVERAGE; AUTHORIZING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the First Amendment to the Meet and Confer Agreement with the Baytown Municipal Police Association, Inc. Mayor Capetillo announced a citizen, Mr. David Isaac, signed up to speak on the item. In regards to the Baytown Municipal Police Association,Mr. Isaac had been fixated on the process and was displeased with the item appearing on the Consent Agenda. He noted Council appointed members from the public to serve on the Baytown Police Advisory Committee (BPAC) and the Baytown Police Strategic Planning Committee. The City had two different committees that represented the public while, in the recent campaign season, the Association invested in one or more Council candidates. Mr. Isaac believed that process belonged to the people and wished there would be a discussion on how taxpayer lobbying entities were paid. He then listed a few issues with the Baytown Police Department(BPD) which he believed the public should be involved in. After Item 9.o., Mayor Capetillo proceeded to consider Item 9.q. before Item 9.p. ORDINANCE NO. 15,307 City Council Special Meeting Minutes December 8,2022 Page 21 of 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE MEET AND CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing the second renewal of the Towing and Storage Services Contract with Baytown Wrecker Service, Inc. Council Member Betancourth pulled Items 9.p. and 9.q. because it was the second time those contracts had come up for renewals since the bid process. She understood staffs recommendation, but she supported going back to a bid process and questioned if any other Council Member supported that as well. Council Member Griffith shared he had conversations with people that had been unhappy with their towing service. Thus, he wished to reconsider the contract. Council Member Alvarado clarified, while the City chose their wrecker services, constituents could go to anyone. If they did not choose another service,then the City's would be the one police would call. Council Member Alvarado then questioned Staff on what satisfactory ratings had been done. City Manager Rick Davis responded by discussing the City's history with their towing services. Since pursuing a Request for Proposal(RFP) and securing a provider,the City eliminated the Tow Truck Committee, moved that out of the City Clerk's Office, and moved it under the police. Mr. Davis's relayed that had been a tremendous improvement. Also, the RFP process would take time and the City would need services in that time. Therefore, Mr. Davis advised Council to renew the contract as it was the final time they could do so. Then, the City could prepare to get their next RFP out. Police Chief John Stringer noted the City went in to the contract two years ago. Prior to that, they had a rotating list of multiple wrecker services. The issue with that was their efficiency in clearing the roadways after a collision. When the wrecker company was unable to respond within a certain amount of time, it created traffic hazards. Chief Stringer then shared the other issues Baytown Police Department (BPD) experienced with their previous service providers. When the RFP went out and the contracts were accepted, BPD had not received any complaints and officers had no issues clearing the roadways efficiently. He also confirmed that citizens could have their own towing service and the police would provide a courtesy call through dispatch to get them out there. Council Member Betancourth clarified she was not suggesting to go back to the old way,but to go back to the RFP process. She believed it was a healthy practice to make sure they were continuing to get the best rate and service for the City. She preferred that instead of renewing contracts without seeing if there was more competitiveness out there. Council Member Lester was not worried about having the renewal options for two more terms because that was what the contractor provided their bid initially thinking of. Nonetheless,he agreed the City should not do more than that. He recalled the complaints in the past were horrendous and constant. So, he questioned if the City got a lot of complaints and if the company was performing well. Chief Stringer confirmed they were and there had not been any issues nor complaints that had been made aware of in the Chiefs office. Mayor Pro Tem Powell had no problem extending for another two years,but he agreed to go back to the RFP process at some interval. He believed six years was not too long of a time in between that. With the fact that the fees would be the same,he was comfortable renewing. Council Member City Council Special Meeting Minutes December 8,2022 Page 22 of 26 Graham also addressed complaints. If her car was towed, she would be upset at the tow truck company and would not call the Police Department. She would call the company and she would assume the company may not relay to the City that they had been getting complaints. She could see there being a discrepancy on how many complaints the City received versus the company. Mayor Capetillo was comfortable with a renewal, not for two years, but for one year. He believed conflict was created when the tow truck company was also owned and operated by the autobody shop. Mr. Davis confirmed one year would allow Staff the time to put an RFP together. Back to complaints, Council Member Alvarado recalled the City had audited those towing companies and one requirement was to submit complaints. She questioned if there was a way for the City to track that. Mayor Capetillo suggested they give direct complaints to the Texas Department of Licensing and Regulation (TDLR). Council Member Alvarado agreed with that and having an RFP process. Mayor Pro Tern Powell questioned if Council could amend that down to a year as the contract stated it would be a two-year renewal. City Attorney Scott Lemond replied he did have concerns. As he was not with the City when it happened, he looked for that Invitation for Bid (IFB) to see exactly what that language was. If it was styled as a two-year contract with two-year renewals,the answer would be no. With that, Council Member Alvarado suggested to suspend the item. Mr. Lemond offered to bring the item back to Council at the next Council Meeting in January. A motion was made by Council Member Sarah Graham and seconded by Council Member Kenrick Griffith to suspend Items 9.p. and 9.q. until the January 12, 2023, City Council Meeting. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved After suspending Items 9.p. and 9.q., Mayor Capetillo proceeded to Item 9.s. q. Consider an ordinance authorizing the second renewal of the Heavy-Duty Towing and Storage Services contract with Dan Wheeler Wrecker Services, Inc. Mayor Capetillo announced a citizen, Mr. David Isaac,had signed up to speak on the item. Mr. Isaac's first question was who would be profiting off the second renewal of the Heavy-Duty Towing and Storage Services contract? The State of Texas stipulated anybody should be able to use any towing service. He additionally asked Council when would the public be involved with who towed their cars? Mr. Isaac stated he had a document of someone who had to pay $1,357 to the towing company that the City picked. He argued the public needed to be involved in the vendor process and that there should not be a monopoly on the towing companies of Baytown. City Council Special Meeting Minutes December 8,2022 Page 23 of 26 After Mr. Isaac's comments, Mayor Capetillo returned to Item 9.p. r. Consider an ordinance for the purchase and installation of a basketball court shade structure at Bergeron Park and Allenbrook Park, by Kraftsman, L.P. through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 15,308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FIFTY-FIVE THOUSAND SEVEN HUNDRED SIXTY AND 62/100 DOLLARS ($255,760.62) TO 'CRAFTSMAN, LP, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE AND INSTALLATION OF BASKETBALL COURT SHADE STRUCTURES AT BERGERON PARK AND ALLENBROOK PARK FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. s. Consider an ordinance to repeal and replace Ordinance No. 15,292 authorizing the sale of the property located along the north line of the frontage road of SH146,approximately 142.7 feet east of North Main Street, Baytown, TX 77520, Harris County. Council Member Lester pulled the item to request more information on the property. Assistant to the City Manager Brian Moran responded that it was a very small parcel of approximately 5,000 square feet north of SH-146 and North Main. The reason the item came back to Council was because there was a mistake in the buyer's name. Therefore, the item would correct that error. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,309, related to Item 9.s. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 15,292 WHICH AUTHORIZED THE SALE OF APPROXIMATELY 0.1148 ACRES, OR 5,000 SQUARE FEET OF LAND BEING RESERVE TRACT C 1, BLOCK 5, FAIR PARK EXEMPT, SITUATED IN THE HARVEY WHITING SURVEY, ABSTRACT NO. 840, City Council Special Meeting Minutes December 8,2022 Page 24 of 26 HARRIS COUNTY, TEXAS, TO HARVEY WINDHAM; AUTHORIZING THE SALE OF APPROXIMATELY 0.1148 ACRES, OR 5,000 SQUARE FEET OF LAND BEING RESERVE TRACT C 1, BLOCK 5, FAIR PARK EXEMPT, SITUATED IN THE HARVEY WHITING SURVEY, ABSTRACT NO. 840, HARRIS COUNTY, TEXAS TO AFZAL SHEKHANI; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. After considering the Consent Agenda, Mayor Capetillo returned to Item 4.a. 10. APPOINTMENTS A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve the appointments of Ms. Sarah Graham and Mr. Kenrick Griffith to the Baytown Hospitality Public Facilities Corporation and the Baytown Municipal Development District, related to Items 10.a. and 10.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider the appointment of Sarah Graham, City of Baytown Council Member District No. 2, to fill the unexpired term of former Council Member Chris Presley, and Kenrick Griffith, City of Baytown Council Member District No. 3,to fill the unexpired term of former Council Member Charles Johnson to the Baytown Hospitality Public Facilities Corporation. b. Consider the appointment of Sarah Graham, City of Baytown Council Member District No. 2, to fill the unexpired term of former Council Member Chris Presley, and Kenrick Griffith, City of Baytown Council Member District No. 3,to fill the unexpired term of former Council Member Charles Johnson to the Baytown Municipal Development District. 11. MANAGER'S REPORT City Manager Rick Davis gave a shout out to Assistant City Attorney Jerris Mapes. Police Chief John Stringer provided Mr. Davis a note he wrote about Ms. Mapes's efforts in assisting the Police Department in a variety of issues. Mr. Davis also recognized Officer Nicholas Lewin for assisting a woman in a domestic abuse case. 12. COUNCIL MEMBER DISTRICT REPORT City Council Special Meeting Minutes December 8,2022 Page 25 of 26 a. Receive a report from Council Member Laura Alvarado regarding projects, programs and events in District No. One. Council Member Alvarado reported she had worked with two neighborhoods along with Staff: Glen Arbor and Creekwood. They looked at the Pavement Condition Index (PCI) which rated the quality of the streets. The streets Council Member Alvarado mentioned they looked at and did work on included: Lloyd Drive which would have two blocks of panels replaced; Grantham Road which had asphalt patchwork and panels replaced; Pamela Drive would have new panels as well; and Harold Lane would have asphalt and new panels. The state street at the dead end would also have at least four panels replaced. Inwood Drive, Colombia Street, and several other blocks would have various panels replaced as well. All the asphalt work had been completed and the City was looking to start the concrete work in 2023. Council Member Alvarado expressed her appreciation to Staff for the work on the projects. Lastly, Council Member Alvarado discussed over her Civic Associations. The West Baytown Civic Association and the Southwest Edition wished to thank Officer Thomas King and Corporal Steve Ocanas for keeping them up to speed on crime and how to mitigate that. She also recognized Community Engagement Coordinator Sabrina Martin for her work supporting both Associations. 13. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to consult with the City's attorney(s) and deliberate regarding economic development negotiations. b. Recess into and conduct an executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment of an Interim City Manager. At 9:13 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to: 1) Sections 551.071 and 551.087 of the Texas Government Code to consult with the City's attorney(s) and deliberate regarding economic development negotiations; and 2) Section 551.074 of the Texas Government Code to deliberate the appointment of an Interim City Manager. At 10:05 P.M., Mayor Capetillo reconvened the open meeting and announced that, in accordance with the 551.102 of the Texas Government Code, no action was taken in the Executive Session. 14. APPOINTMENT OF INTERIM CITY MANAGER a. Consider the appointment of an Interim City Manager. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Sarah Graham to approve the appointment of Mr. Jason Reynolds as Interim City Manager beginning January 4, 2023, for thirty (30) days or until a City Manager was under contract. The vote was as follows: City Council Special Meeting Minutes December 8,2022 Page 26 of 26 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved 15. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the December 8, 2022, City Council Special_ Reing at 10:05 P.M. + r Angela Ja son, C tjrClerl City of Baytown • 1