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2023 09 14 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 14, 2023 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 14, 2023, at 6:33 P.M. in the Council Chamber of the Baytown City Hall at 2401 Market Street, Baytown, Texas, with the following in attendance: Laura Alvarado Council Member Sarah Graham Council Member Kenrick Griffith Council Member Jacob Powell Council Member Mike Lester Mayor Pro Tem Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the September 14, 2023, City Council Regular Meeting with a quorum present at 6:33 P.M. All members were present with the exception of the absence of Council Member Heather Betancourth. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Mayor Pro Tem Lester. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on August 24, 2023. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura Alvarado to approve the City Council Regular Meeting held on August 24, 2023, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved NOTE: While the agenda item was posted for the approval of both the Work Session and Regular Meeting minutes, Council moved to approve the minutes of only the Regular Meeting. City Council Regular Meeting Minutes September 14,2023 Page 2 of 24 b. Consider approving the minutes of the City Council and Crime Control and Prevention District Joint Meeting held on August 24,2023. A motion was made by Mayor Pro Tern Mike Lester and seconded by Council Member Jacob Powell to approve the minutes of the City Council and Crime Control and Prevention District Joint Meeting held on August 24, 2023, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tern Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved 2. CITIZEN COMMENTS Mayor Capetillo announced no citizen had signed up to speak on the Citizen Comments item. 3. AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 46.4 ACRES AT 7128 E. IH 10 a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 46.4 acres at 7128 E. III 10, from Open Space/Recreation (OR) to General Commercial (GC) Zoning District. At 6:36 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the offi- cial zoning map to rezone approximately 46.4 acres at 7128 E. IH-10, from Open Space/ Recrea- tion(OR)to General Commercial (GC) Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. Mr. Scribner first explained they had two (2) items linked together: 1) the public hearing for the rezone as well as the ordinance for the rezone, and 2) a public hearing for a Special Use Permit (SUP)as well as the ordinance for that SUP. He further clarified they were building up to the SUP. Mr. Scribner displayed aerial images of the property as well as the surrounding area. The Future Land Use Map (FLUP) called for large-scale industrial all throughout the area with low-density residential to the south. Mr. Scribner also displayed the site plan of what the applicant proposed. The plan contained nine(9) small warehouse buildings ranging from about twenty-three thousand (23,000) square feet to seventy thousand (70,000) square feet. He reiterated that the rezone itself was for GC which did not allow for that use until they obtained the SUP. The item went before the Planning and Zoning Commission in August with no testimony from the public nor were there comments online. Both Staff and the Planning and Zoning Commission recommended approval. Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item. City Council Regular Meeting Minutes September 14,2023 Page 3 of 24 As someone who lived off Sjolander, Mr. Isaac shared the sentiments from those on his side of town. They were tired of all the traffic and noise. Mr. Isaac relayed they understood that there was a plan and hoped they could participate in that plan. He further noted they lived outside of the City limits and did not get to vote nor participate in elections. Thus, they needed representation. On behalf of his community, Mr. Isaac stated they did not want this. While OR zoning was fine, he did not like the implications of the warehouses. Mayor Capetillo announced a citizen, Mr. Marlon Ratliff,had signed up to speak on the item. Mr. Ratliff spoke in opposition of the rezone and the SUP for the warehouse project. In viewing the site plan,he acknowledged it looked lucrative. However,did they really need more warehouses on the interstate? Mr. Ratliff made note of the warehouses around Sjolander that were not finished and those that were not full. He questioned if the City considered the impact to the residents in that vicinity. With Gateway Ten, they told the public there would be retail but they did not do as they said they would. Mr. Ratliff also noted this would limit Baytown and there would not be much open space left. He ended on the note that there were better uses for that land than the warehouses. Mayor Capetillo announced a citizen, Mr. Ryan Sweeney, had signed up to speak on the item. Mr. Sweeney was present on behalf of BCS Capital Group, the investor/development company looking at developing the project. The company considered different options of what could go there, but it was a very limited development site. He noted there were three (3) major pipelines and a big lake on the property. The configuration of the track also did not lend itself to anything. Nevertheless, Mr. Sweeney assured they were taking in to account all of the concerns they heard that day and the concerns they expected to hear. He provided a presentation further detailing the project,but his time to speak ran out. Mayor Capetillo entertained a motion to extend his time. A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Mike Lester to extend the citizen speaker's time to finish presenting their slides.The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved Mr. Sweeney continued on with his presentation with aerial images of the property along with conceptual renderings of the buildings. He assured BCS Capital Group adopted all the City's re- quirements and they would not have access to Sjolander because of the pipeline. At 6:53 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 46.4 acres at 7128 E. IH-10, from OR to GC. City Council Regular Meeting Minutes September 14,2023 Page 4 of 24 b. Consider an ordinance to amend the official zoning map to rezone approximately 46.4 acres at 7128 E. IH 10, from Open Space/Recreation (OR) to General Commercial (GC) Zoning District. While the details of what would go in the Special Use Permit(SUP)were discussed in the previous item, Planning and Development Director Martin Scribner noted the current item was for the re- zone. The rezone would only be for the uses allowed by General Commercial (GC). If approved,Mayor Capetillo asked the developer for the front facade facing IH-10 to put as much glass or to have an office-type of facade.Council Member Griffith also asked what type of clientele were they looking to accommodate. BCS Capital Group Representative Ryan Sweeney listed the type of companies that contacted them, such as: supply, service, and manufacturing companies. A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tem Mike Lester to approve Ordinance No. 15,533, related to Item 3.b. However, there was discussion prior to the vote. Council Member Alvarado commented she was against adding warehouses and distribution cen- ters along IH-10. As the residents mentioned, Council approved projects but the developers do not deliver what they said they would. Also, Sjolander was a highly traveled road and she did not want to entertain improvements that would allow heavy-truck traffic. She instead wished to alleviate traffic from residential zoning areas. Mayor Pro Tem Lester agreed and noted that was what they set the stage for when they added a SUP requirement in their last couple of sessions. The develop- ers would have to deliver what they proposed. Further discussion ensued over the SUP. Council Member Graham challenged Council to quit telling each other the only thing that could go there was a warehouse. She requested that they make decisions that might attract something different. She wanted to see something different and Council Member Griffith echoed the senti- ment. He was torn because he saw the benefit of the warehouses, but they already had warehouse spaces that were not being used. Mr. Scribner reiterated that the first motion would allow things like restaurants and retail,but not warehouses. If the rezone to GC was not approved,the chances that Council would see that come back as GC with a different proposal were high.Council Member Powell believed GC was the correct zoning for IH-10 frontage and was thus in favor of Item 3.b. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved City Council Regular Meeting Minutes September 14,2023 Page 5 of 24 ORDINANCE NO. 15,533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAY- TOWN TO REZONE APPROXIMATELY 46.4 ACRES LOCATED AT 7128 E. IH 10, LEGALLY DESCRIBED AS TRACTS 1, 1R, 1R-1, 1L, AND 1M, ABSTRACT 954, A. SMITH, HARRIS COUNTY,TEXAS, FROM AN OPEN SPACE/RECREA- TION(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 PUBLICA- TION AND EFFECTIVE DATE THEREOF. 4. SPECIAL USE PERMIT (SUP) TO ALLOW FOR A WAREHOUSE DEVELOPMENT FOR APPROXIMATELY 46.4 ACRES OF LAND LOCATED AT 7128 E. IH 10 a. Conduct a public hearing for a Special Use Permit (SUP) to allow for a warehouse development within the General Commercial (GC) Zoning District for approximately 46.4 acres of land located at 7128 E.IH 10. At 7:05 P.M., Mayor Capetillo opened the public hearing for a Special Use Permit(SUP)to allow for a warehouse development within the General Commercial (GC) Zoning District for approxi- mately 46.4 acres of land located at 7128 E. IH-10. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. He made note of the conditions for warehousing in GC,particularly that they must get a SUP. The applicant met all the other conditions. Mr. Scribner displayed the site plan to further detail the property and project. It would not have access to Sjolander due to pipeline easements. The ware- house buildings would also be small and the layout was not conducive to semi-truck traffic. The SUP would memorialize the site plan and would also allow Council to add conditions. Mr. Scribner relayed there would be substantial buffering and open space between them and the adja- cent users. The only road access they had would come out onto the frontage road for IH-10. Mr. Scribner then discussed the criteria for approving a SUP as follows: 1) Compatible with and not injurious to adjacent properties; 2) Will not impede normal, orderly development; 3) Will ensure adequate utilities; 4) Will ensure adequate nuisance prevention measures; 5) Sufficient landscaping and screening; 6) Consistent with the Comprehensive Plan and Unified Land Development Code(ULDC); and 7) The site plan must meet the criteria set forth in ULDC. Mr. Scribner informed Council that the applicant met those criteria. The matter went before the Planning and Zoning Commission in August with not testimony from the public nor online com- ments. Staff and the Planning and Zoning Commission recommended approval. Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item. City Council Regular Meeting Minutes September 14,2023 Page 6 of 24 Mr. Isaac was appreciative of the presentation,but he reiterated the people of Sjolander Road were not represented by Baytown. While there may not be heavy trucks expected with the SUP,it would contribute to the overwhelming traffic that was already there. He also noted about eighty-six per- cent(86%)of people,according to a non-scientific poll,were opposed to having more warehouses on IH-10. He profusely repeated that they did not want them. Mayor Capetillo announced a citizen, Mr. Marlon Ratcliff,had signed up to speak on the item. Mr. Ratcliff echoed that they did not have representation. He was heavily impacted by Gateway Ten who promised they would not have access to Sjolander. They put an emergency exit gate,but Mr. Ratcliff conveyed the gate had been open. He stated they"tore Sjolander up"by building the developments east of Sjolander. While this impacted him personally, Mr. Ratcliff discussed how it also affected Baytown's image. With regard to the property not being good enough for anything else,Mr. Ratcliff disagreed. On Gateway Ten, he suggested there could have been restaurants and stores there. He wanted something there that would benefit him and the residents of the town. Mayor Capetillo announced a citizen, Mr. Ryan Sweeney, had signed up to speak on the item. Mr. Sweeney understood the citizens' position; however, he had a constructive viewpoint. How would they know that any particular use,other than what BCS Capital Group was proposing,would not create just as much or more traffic? He shared the findings of their initial Traffic Impact Anal- ysis and noted they did not see a lot of people taking a ride on Sjolander for their project. Mr. Sweeney also believed it was important to distinguish the types of warehousing that they were talking about. The vacancy rates and buildings that were incomplete were larger buildings. Theirs were small and would be sold to small businesses. He alleged that was the best use for the site. At 7:19 P.M., Mayor Capetillo closed the public hearing for a Special Use Permit (SUP) to allow for a warehouse development within the GC Zoning District for approximately 46.4 acres of land located at 7128 E. IH-10. b. Consider an ordinance authorizing a request for a Special Use Permit(SUP) to allow for a warehouse development within the General Commercial (GC) Zoning District for approximately 46.4 acres of land located at 7128 E. IH 10. Planning and Development Director Martin Scribner reminded Council that they had the option for any reasonable conditions or restrictions on the property to be a part of their motion. Mayor Capetillo requested for their front façade to be at least fifty percent(50%)stacked stone,or some type of stone material, and glass. He suggested it could be a mix but to at least have fifty percent (50%) of that. If it were to be a business park, it needed to look like that and not a ware- house park. With the access road, Mayor Capetillo requested that no roadway would be permitted in any way. BCS Capital Group Representative Ryan Sweeney agreed to both terms. Additional requests were made, but Mr. Sweeney ultimately responded that the buildings would be sold and he could not represent what they planned to do. Nevertheless, Mayor Capetillo addi- tionally asked for downlighting that would not emit light pollution. Mr. Sweeney replied they had not gotten to that point,but they would take all the necessary efforts to meet that. Council Member Alvarado wished for the front offices to cater to what the residents in that area were looking for, City Council Regular Meeting Minutes September 14,2023 Page 7 of 24 such as retail or food businesses. Mr. Sweeney responded that was possible, but it would be hard to guarantee those types of uses. Council Member Graham similarly specified certain businesses she wished to have on the property, such as: restaurants, emergency rooms (ERs), and retail. Council Member Powell countered that if they wanted to specify every single thing that would go on the property, it was for sale and he encouraged them to buy it. While he would not say the proposal was the best use for the property, he believed it worked. The warehousing on the corner of that property was happening and they could not undo that. Thus, they would be limited on who would want to build next to large-scale warehousing.He believed it was a step in the right direction to make that use less intense with those smaller warehouses. Council Member Powell hoped it would prompt an even less intensive use next to it. As far as traffic, Council Member Powell inquired over the potential improvements on Sjolander that may help Council make their decision. Public Works and Engineering Director Frank Simo- neaux spoke a bit on the IH-10 Intersection Project, of which the intersection along Sjolander was the highest priority. The project would add a right-turn lane and a U-turn among other improve- ments. Staff was trying to get the project finalized and designed as soon as they could. Mayor Pro Tern Lester expressed concern of the uses in General Commercial (GC), aside from restaurants and ERs, that would not be "nice." He explained they wanted IH-10 to look nice with nice buildings, and the SUP would allow them to put that in stone. If they had the opportunity to control a development to some extent,they needed to take the opportunity in his opinion. City Manager Jason Reynolds informed Council on a future strategy in development that may help them make data-driven decisions. As the developers had data that showed what was the best use, the City needed to have their own data. Mayor Capetillo gave a few additional suggestions on that note, such as revisiting the Future Land Use Map (FLUP). A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tem Mike Lester to approve Ordinance No. 15,534,related to Item 4.b.,with the following provisions: 1)the front buildings' façade facing IH-10 would have a fifty percent(50%)mix of glass, stacked stone, and/or stone material; 2)the backside of the property could not be used for any access to Sjolander Road; and 3)to have downlighting and keep all the light on the property. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: Council Member Sarah Graham and Council Member Kenrick Griffith Other: Council Member Heather Betancourth(Absent) Approved [MISSING 15,534—Still with Legal] City Council Regular Meeting Minutes September 14,2023 Page 8 of 24 5. SPECIAL USE PERMIT (SUP) TO ALLOW FOR A CREMATORIUM ON APPROXIMATELY 3.23 ACRES OF LAND LOCATED AT 2850 FERRY ROAD a. Conduct a public hearing to approve a Special Use Permit (SUP) for approximately 3.23 acres located at 2850 Ferry Road to allow for a funeral home with a crematorium within a General Commercial (GC) Zoning District. At 7:45 P.M., Mayor Capetillo opened the public hearing to approve a Special Use Permit (SUP) for approximately 3.23 acres located at 2850 Ferry Road to allow for a funeral home with a crem- atorium within a General Commercial (GC) Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. Mr. Scribner provided aerial images of the property in question which was attached to the Masonic Cedarcrest Cemetery. The zoning was GC which did allow for a funeral home and a crematorium with the condition that they get a SUP approved by Council. Mr. Scribner confirmed the Future Land Use Map (FLUP) supported the current uses of the property and the surrounding area. Mayor Capetillo understood the crematorium operation but inquired if there would be a funeral home developed where people would hold funeral services. Mr. Danny Duncan, the applicant, replied they had to have a funeral home according to Texas State law. However, he did not plan on having funerals there but it had to be designed that they could. Mr. Scribner then provided a general layout of the site. The criteria for approval of a SUP applied to this property and Staff determined it met those criteria. The issue went before the Planning and Zoning Commission in August with no testimony from the public nor online comments. Thus, Staff and the Planning and Zoning Commission recommended approval of the SUP. At 7:50 P.M.,Mayor Capetillo closed the public hearing to approve a SUP to allow a funeral home with a crematorium within a GC Zoning District. b. Consider an ordinance authorizing a request for a Special Use Permit(SUP) to allow for a crematorium within the General Commercial (GC) Zoning District for approximately 3.23 acres of land located at 2850 Ferry Road. A motion was made by Mayor Pro Tem Mike Lester and seconded by Council Member Jacob Powell to discuss 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 Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved City Council Regular Meeting Minutes September 14,2023 Page 9 of 24 Mayor Pro Tem Lester inquired if they had a facade or elevation of the building. Mayor Capetillo similarly asked if they had a general rendering. Mr. Danny Duncan, the applicant, replied the building would be sixty (60) by thirty (30). It would be a metal building with a brick front. As crematories were heavily regulated, it would be done according to the State and the Texas Air Commission. Mayor Pro Tern Lester further questioned if there were specific requirements for the construction, such as brick on the front of a metal building. Planning and Development Director Martin Scribner replied, no,the zoning code is not allowed to require those things. On the Special Use Permit(SUP), the Planning and Zoning Commission was not recommending any conditions. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,535, 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 Jacob Powell, and Mayor Pro Tern Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO ALLOW FOR A CREMATO- RIUM USE; PERMITTING THE FOLLOWING PROPERTY, WHICH IS PRES- ENTLY ZONED AS A GENERAL COMMERCIAL ZONING DISTRICT,BEING A COMBINATION OF ALL OF TRACTS 1 AND 2 IN THE CHRISTIAN SMITH SURVEY ABSTRAST NO. 69, AND CONTAINING APPROXIMATELY 3.23 ACRES OF LAND,AS DESCRIBED IN INSTRUMENT NUMBER RP-2023-14792 OF HARRIS COUNTY, TEXAS, CLERK REAL PROPERTY RECORDS, AT- TACHED AS EXHIBIT "A;" PROVIDING THAT THIS SPECIAL USE PERMIT SHALL BE GRANTED SUBJECT TO CERTAIN CONDITIONS; PROVIDING THAT THIS SPECIAL USE PERMIT SHALL BE GRANTED SUBJECT TO CER- TAIN CONDITIONS; PROVIDING A MAXIMUM PENALTY OF TWO THOU- SAND AND NO/100 DOLLARS ($2,000.00); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 6. UNOPPOSED CANDIDATE—COUNCIL MEMBER DISTRICT NO. 5 a. Receive the Certificate of Unopposed Status for the Office of Council Member, District No. Five. As they had obtained the Certificate of Unopposed Status for the Office of Council Member Powell of District No. Five (5), Mayor Capetillo considered the item received. City Council Regular Meeting Minutes September 14,2023 Page 10 of 24 b. Consider an ordinance declaring the unopposed candidate Jacob Powell elected to the Office of Council Member District No. Five of the City of Baytown. A motion was made by Mayor Pro Tern Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,536, related to Item 6.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE JACOB POWELL ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. FIVE(5)OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 7TH DAY OF NO- VEMBER, 2023, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. FIVE (5) OF THE CITY OF BAYTOWN; ORDER- ING THE CITY CLERK TO INCLUDE ON THE BALLOT FOR THE CITY'S MU- NICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF NOVEMBER,2023,A HEADING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. FIVE (5) AND JACOB POWELL'S NAME SHALL APPEAR; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. 7. UNOPPOSED CANDIDATE - COUNCIL MEMBER DISTRICT NO. 6 a. Receive the Certificate of Unopposed Status for the Office of Council Member, District No. Six. As they had obtained the Certificate of Unopposed Status for the Office of Mayor Pro Tem Lester of District No. Six (6), Mayor Capetillo considered the item received. b. Consider an ordinance declaring the unopposed candidate Mike Lester elected to the Office of Council Member District No. Six of the City of Baytown. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Sarah Graham to approve Ordinance No. 15,537, 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 Jacob Powell, and Mayor Pro Tern Mike Lester City Council Regular Meeting Minutes September 14,2023 Page 11 of 24 Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE MIKE LESTER ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. SIX (6) OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 7th DAY OF NO- VEMBER, 2023, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. SIX(6)OF THE CITY OF BAYTOWN;ORDERING THE CITY CLERK TO INCLUDE ON THE BALLOT FOR THE CITY'S MUNICI- PAL ELECTION TO BE HELD ON THE 7th DAY OF NOVEMBER,2023,A HEAD- ING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. SIX (6)AND MIKE LESTER'S NAME SHALL APPEAR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED ORDINANCES a. Consider an ordinance amending the City of Baytown utility rates. Chief Financial Officer Teresa McKenzie opened the item by recalling their previous budget presentation for the proposed budget where they included a six percent(6%)water and sewer rate increase. She provided the visuals below to recap their rates and their impact to consumers: • IN Nate • New Rate 400 * Assumes 2,000 gallons of usage $40 t.0 C 3 M a--i $20 p, Ca O Cfl Cr, M p O M M M M M It) M 117 Lr) VS $0 Single family Multi Family Single Family Multi-Familyy (Inside City) (Inside City) (Outside City) (Outside City) Combined Water&Sewer Rates City Council Regular Meeting Minutes September 14,2023 Page 12 of 24 ■ Old Rate • New Rate sl50 * Assumes 6,000 gallons of usage sum $50 O ^ O CO C.O C . GV I� M ^ M CO CO CO CO T.'4 eM—I ,I 1 aM-1-I SO Single Famiy Multi-Family Single Family Multi-Family (Inside city) (Inside Oily) (Outside City) (Outside City) Combined Water&Sewer Rates WATER AND SEWER RATE SURVEY—COMBINED MONTHLY BILL *Assumes a Single-Family Residential Customer(Inside City)with 2,000 Gallons of Monthly Water Usage $50 — $47.02 — $45.75 $40 EIII6oj395j334j136j $30 $20 $10 $0 Sugar Land Pearland Baytown Baytown Deer Park League Houston Proposed Existing City WATER AND SEWER RATE SURVEY—COMBINED MONTHLY BILL *Assumes a Single-Family Residential Customer(Inside City)with 5,000 Gallons of Monthly Water Usage $100 — $89.27 $80 $78.03 _ $75.18 _ $73.54 — $72.26 _ $71.439 — $58.96 $ 0 III ■ ■ II III$440 $20 M — MIL $0 <. .�..._._.�_ __ Houston Pearland Baytown Deer Park Baytown Sugar Land League Proposed Existing City City Council Regular Meeting Minutes September 14,2023 Page 13 of 24 A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,538, related to Item 8.a. However, there was discussion prior to the vote. Mayor Pro Tem Lester commented that Ms. McKenzie indicated the six percent(6%) was neces- sary because of the increased charge form BAWA. However, he stated it was actually because of the increased charge from the City of Houston to BAWA and then to the City of Baytown. Council Member Alvarado also informed residents that they had the option to go in person or on the phone to talk to the Utility Billing Office to take a look at their bill. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,538 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAP- TER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98-59 "RATES," SUBSECTION (A) AND ARTICLE IV "SEWER SERVICE," SECTION 98-91 "SEWER SERVICE CHARGE" OF THE CODE OF ORDINANCES, BAY- TOWN, TEXAS, TO UPDATE SERVICE FEES; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance to adopt or postpone the City of Baytown Fiscal Year 2023-24 Municipal Budget. Chief Financial Officer Teresa McKenzie presented the City of Baytown's Fiscal Year 2023-24 Budget, as follows: BUDGET REALIGNING FOR A SUST B TO ' . '. OW SNAPSHOT 4, ity of Ba n P ed Budget * Fiscal Year Ending September 30, 2024 Property Tax Revenue I Property Tax Rate I Fund Balance n n II�II $25,450,617 72.00 / $100 $26,655,650 DEBT 75 Days Operating City Council Regular Meeting Minutes September 14,2023 Page 14 of 24 Personnel Costs w r m ' Water&Sewer Rate GF Revenue GF Expenditures 6% $133,068,544 $136,089,348 73.2% Revenue Expenditures Water& Sewer $54,362,473 $54,652,228 Ca•ital Pro•ram 2024 Hotel/Motel $1,742,577 $1,575,111 Total CIP - $143.1 Mil Aquatics $3,893,308 $4,534,548 General Fund CIP $15.0 Mil Sanitation $7,616,804 $8,308,309 Storm Water $5,058,792 $4,623,566 Garage $3,050,000 $3,362,722 Sales Tax Warehouse $390,204 $461,447 % $21.6 Mil In their agenda packets, Ms. McKenzie noted the Council Members were also provided a list of projects there were and were not funded this year out of the General Fund. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,539, related to Item 8.b. However, there was discussion prior to the vote. Mayor Pro Tern Lester spoke on the Capital Improvement Plan(CIP) list that came from the CIP Committee and Staff. He explained everything below the red line did not make the cut,but would not go away. They just needed to look at that for the future. He gave kudos to Staff and everybody that worked with the CIP Committee on the list. The CIP Committee looked forward to going in to the future and developing a five(5)year rotating CIP plan. Council Member Graham also agreed with the list and expressed her appreciation to Staff and everyone on the CIP Committee. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGIN- NING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024, IN ACCORD- ANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF City Council Regular Meeting Minutes September 14,2023 Page 15 of 24 BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing Public Necessity for four(4) tracts of land for the South Main Drainage Improvements Phase 2 Project. Public Works and Engineering Assistant Director Michael Leech presented the item to Council. Mr. Leech relayed that Staff was requesting from Council the authorization for a Declaration of Public Necessity. The South Main Drainage Improvements Phase 2 Project was a capital project for South Main Street. Mr. Leech noted the project encompassed a drainage corridor as well as a detention pond. It would be cooperatively funded with Harris County Flood Control, and property acquisition was required. Mr. Leech displayed an aerial image to show the limits of the project. He briefly spoke on the Public Necessity process that had been previously presented to Council. A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob Powell to approve Ordinance No. 15,540,related to Item 4.e. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tern Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE FOUR (4) TRACTS OF LAND FOR THE SOUTH MAIN DRAINAGE IMPROVEMENTS PHASE 2 PRO- JECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE SOUTH MAIN DRAINAGE IMPROVEMENTS PHASE 2 PROJECT; AP- POINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHOR- IZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE AC- QUIRED;AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES;AND AU- THORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEM- NATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL;AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. City Council Regular Meeting Minutes September 14,2023 Page 16 of 24 9. PROPOSED RESOLUTIONS a. Consider a resolution accepting a donation from ExxonMobil to assist in paying expenses associated with the Grito Festival. Mayor Capetillo announced Item 9.a. would be postponed to the September 28, 2023, meeting so representatives from ExxonMobil would be present. 10. REPORTS a. Receive the 2023 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. Chief Financial Officer Teresa McKenzie presented the 2023 Appraisal Rolls certified by the Har- ris County Appraisal District and the Chambers County Appraisal District, as follows: 2023 APPRAISAL ROLL CERTIFIED BY HARRIS COUNTY APPRAISAL DISTRICT Total Appraised Value $7,195,456,084 Total Taxable Value $5,585,877,131 Total Uncertified(Taxable Value) $540,652,189 2023 APPRAISAL ROLL CERTIFIED BY CHAMBER COUNTY APPRAISAL DISTRICT Total Certified Taxable Value $444,887,640 Mayor Capetillo noted that the Total Appraised Value for the Harris County Appraisal District had been incorrectly posted as: $7,195,456.084. The decimal should have been a comma. b. Receive the no-new revenue tax rate and voter-approval tax rate. Chief Financial Officer Teresa McKenzie relayed the rolls presented to Council on Item 10.a. were used to calculate the tax rate for this year. The tax rates were presented as follows: PROPERTY TAX RATE COMPARISON 2023-2024 2022-2023 No New Revenue Tax Rate $0.72594/$100 $0.75156/$100 No New Revenue Maintenance and Operations Tax Rate $0.44918/$100 $0.45287/$100 Voter Approval Tax Rate $0.72585/$100 $0.81383/$100 With that, Ms. McKenzie explained that was why Staff was proposing a tax rate of 720, flat. 11. CONSENT A motion was made by Council Member Jacob Powell and seconded by Council Member Sarah Graham to approve Consent Agenda Items 11.a. through 11.m. The vote was as follows: City Council Regular Meeting Minutes September 14,2023 Page 17 of 24 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Mayor Pro Tern Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved a. Consider a resolution adopting the Baytown Emergency Operations Plan. RESOLUTION NO. 2,857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S EMERGENCY OPERATIONS PLAN — BASIC PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a payment to Versaterm, Inc., for the annual support and software maintenance. ORDINANCE NO. 15,541 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED FIFTEEN AND NO/100 DOLLARS ($225,115.00) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTE- NANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage with MidWest Employers Casualty Company. ORDINANCE NO. 15,542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGE- MENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2024; AUTHORIZING PAY- MENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-SIX THOU- SAND EIGHT HUNDRED EIGHTY AND NO/100 DOLLARS ($146,880.00) FOR THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAK- ING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 14,2023 Page 18 of 24 d. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City of Baytown's property and casualty insurance. ORDINANCE NO. 15,543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNIC- IPAL LEAGUE FOR THE ANNUAL PROPERTY AND CASUALTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION SEVEN HUNDRED SEVENTEEN THOUSAND ONE HUNDRED NINE AND NO/100 DOLLARS ($1,717,109.00) FOR THE ANNUAL PROPERTY AND CASUALTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an Interlocal Agreement with Lee College District for the use of its Wellness Center and Swimming Pool by the City Council members and City employees. ORDINANCE NO. 15,544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE USE OF ITS WELLNESS CENTER AND SWIMMING POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing an Amendment for Services at an Onsite Center with Concentra Health Services, Inc., and authorizing payment to Concentra Health Services,Inc.,for the administration of an employee health clinic,including medical services and supplies. ORDINANCE NO. 15,545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR SER- VICES AT AN ONSITE CENTER WITH CONCENTRA HEALTH SERVICES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND AND NO/100 DOL- LARS ($600,000.00) FOR ADMINISTRATION OF AN EMPLOYEE HEALTH CLINIC, INCLUDING MEDICAL SERVICES AND SUPPLIES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a Consulting Services Agreement with Binkley& Barfield,Inc.,for the West District Wastewater Treatment Plant One Rehabilitation Project. City Council Regular Meeting Minutes September 14,2023 Page 19 of 24 ORDINANCE NO. 15,546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH BIN- KLEY & BARFIELD, INC., FOR ENGINEERING SERVICES FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT ONE REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($800,100.00); MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of one(1)fleet vehicle from Friendly Ford of Crosby, for Animal Control in the Health Dept. ORDINANCE NO. 15,547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) FLEET VEHICLE FROM FRIENDLY FORD FOR THE HEALTH DEPARTMENT; AUTHORIZING PAY- MENT TO FRIENDLY FORD IN AN AMOUNT NOT TO EXCEED SIXTY-ONE THOUSAND AND NO/100 DOLLARS ($61,000.00); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance granting a pipeline permit to LCY Elastomers LP, for one 4- inch pipeline. ORDINANCE NO. 15,548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO LCY ELASTOMERS LP, TO IN- STALL ONE NEW 4-INCH PIPELINE, APPROXIMATELY 0.3 MILES IN LENGTH; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance renewing the Annual Hot-Mix Asphalt Contract to Texas Materials Group, Inc., d/b/a Gulf Coast. ORDINANCE NO. 15,549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL HOT-MIX ASPHALT CONTRACT WITH TEXAS MATERIALS GROUP, INC., DB/A GULF COAST AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUN- DRED SEVENTY FIVE THOUSAND NINE HUNDRED TWENTY-FOUR AND NO/100 DOLLARS ($175,924.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 14,2023 Page 20 of 24 k. Consider an ordinance authorizing an Interlocal Agreement with Harris County for the Wallisville Road Widening from 900' west of John Martin Road to 965' west of Garth Road Project. ORDINANCE NO. 15,550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE WALLISVILLE ROAD WIDENING FROM 900' WEST OF JOHN MARTIN ROAD TO 965'WEST OF GARTH ROAD PROJECT; AUTHOR- IZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EX- CEED ONE HUNDRED THIRTY-FOUR THOUSAND FOUR HUNDRED NINETY-TWO AND 61/100 DOLLARS ($134,492.61); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the first amendment to the Detention Agreement originally entered into with REME Financial,LLC. ORDINANCE NO. 15,551 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO DETENTION AGREEMENT WITH CAREYBLANCO MANAGEMENT, LLC, FOR THE COTTAGES AT SAN JACINTO BLVD. PLANNED UNIT DEVELOPMENT; MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider a resolution granting consent to the inclusion of 3.0327 acres in the William Bloodgood League, Abstract No. 4, Chambers County, Texas, into Chambers County Municipal Utility District No. 1. RESOLUTION NO. 2,858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 3.0327 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS, IN CHAMBERS COUNTY MUNICIPAL UTILITY DIS- TRICT NO. 1; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. BOARDS AND COMMISSIONS a. Receive a report from the Board and Commission Review Committee. Mayor Capetillo announced Items 12.a. and 12.b. would be considered together. As Chair of the Boards and Commissions Ad Hoc Committee,Council Member Alvarado provided a PowerPoint presentation with the following talking points: City Council Regular Meeting Minutes September 14,2023 Page 21 of 24 COMMITTEE MEMBERS COMMITTEE PURPOSE Chair,Laura Alvarado,District 1 Review and discuss the policies, processes, and Sarah Graham, District 2 procedures for Boards and Commissions. Heather Betancourth,District 4 Municipal Development District(MDD)-Current • Purpose:Manage sales taxes received to facilitate economic development growth that will enhance the quality of life for the City of Baytown. • 13 members - 7 elected(Mayor+City Council) - 6 non-elected(at-large citizens appointed by City Council) • Meetings held monthly on the first Thursday of every month. MDD Proposal • Purpose:Manage sales taxes received to facilitate economic development growth that will enhance the quality of life for the City of Baytown. • 7 members - Elected(Mayor+City Council) • Meetings held congruently with City Council meetings as needed. Council Member Alvarado noted the proposal was presented to the MDD earlier that day,but there was only one(1) citizen member at the meeting. He provided feedback and was not in opposition. Create a new Economic Development Advisory Committee • Purpose: An advisory board who works with City Economic Development Staff to identify and review opportunities that will grow and enhance the quality of life for the City of Baytown,includ- ing but not limited to:reviewing Business Improvement Grants and make recommendations to City Council. • 7 non-elected members(at-large citizens appointed by City Council) • Meetings held quarterly,or as needed. Boards Recommended to be Dissolved • Affirmative Action Program • Cultural Arts Council • Architectural Committee • Fair Housing Commission • Battleship Steering Committee • Golf Ad Hoc • Baytown Air and Water Conservation Board • Industrial Appraisal Review Board • Baytown Community Assistance Board • Industrial District Agreement Committee • Baytown Museum Advisory Board • Legislative Ad Hoc Committee • Board of Equalization • Patients at San Jac Hospital • Council Committee on Municipal Judges • Sign Committee Boards Recommended to be Kept • Baytown Area Water Authority • Civil Service Commission • Baytown Crime Control and Prevention • Fire Control,Prevention,and EMS District • Baytown Municipal Development District • Hospitality Public Facilities Corporation • Board of Adjustment • Planning and Zoning Commission Council Member Alvarado mentioned there were additional boards on the list that the Committee still had questions on and they wanted to make sure they got an opportunity to further review those. City Council Regular Meeting Minutes September 14,2023 Page 22 of 24 Review Process and Next Steps • Approve MDD and Hospitality Public Facilities Corporation to run concurrently with City Council • Moving forward: - Aside from MDD,there were 40 other boards and commissions. - Discussion to be held with administration support. - Additional committee session(s) to be held to discuss remaining boards and commissions as well as MDD make-up. Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac first commended the Ad Hoc Committee for their performance. He wished to note that there had been no mention of the Ethics Commission and requested a report on that. He spoke on the importance of the Commission and suggested it to be citizen driven. Mr. Isaac similarly be- lieved it was important to have a Sign Committee that was citizen driven. For the Baytown Police Advisory Committee(BPAC), Mr. Isaac hoped Council would keep that and spoke favorably on their behalf. He lastly suggested they should reinstate the Cultural Arts Council. Mayor Pro Tem Lester reiterated that they had asked the other members of the MDD to provide feedback that night. He agreed with the direction of the Ad Hoc Committee,but he wanted to hear the MDD Director's comments before they made a formal approval. Mayor Capetillo agreed. Council Member Graham noted they still had over ten (10) boards that were not mentioned that night. They were trying to be very thorough and were still researching those. As far as the MDD, she noted that Staff would make sure that all the MDD Directors got all the different items they presented that night. In that way, Council could get the feedback they needed. Council and Staff deliberated on how they should move forward. The Council Members agreed to consider everything together and allow the Ad Hoc Committee to focus on those other committees. Mayor Capetillo considered both the report and discussion on the item completed. b. Discuss and consider the recommendation of the Boards and Commissions Ad Hoc Committee regarding the Municipal Development District Board. Item 12.b. was considered alongside Item 12.a. 13. APPOINTMENTS a. Consider a resolution nominating a person to serve on the Board of Directors of the Chambers County Appraisal District. Council deliberated on how they would proceed with their nomination for the Board of Directors of the Chambers County Appraisal District. Before their vote,City Attorney Scott Lemond offered to come back and provide them with a specific list of criteria. The Council Members agreed to push the nomination for two (2)weeks. 14. MANAGER'S REPORT City Manager Jason Reynolds first thanked the Finance Department as well as Chief Financial Officer Teresa McKenzie for passing her first budget. City Council Regular Meeting Minutes September 14,2023 Page 23 of 24 Mr. Reynolds recognized Multimedia Specialist Lloyd Lively as this was his last Council meeting. Mr. Lively would be moving on to be the Director of Communications at the City of Navasota. Mr. Reynolds expressed his appreciation for everything he had given to the City and wished him the best. Mr. Lively gave a few words and expressed his love for this community. He explained that he needed to get closer to his father to take care of him. Mayor Capetillo also expressed his appreciation to Mr. Lively for his work there in the Council Chambers and with Channel 16. The following departments and employees were also acknowledged by Mr. Reynolds as follows: • Public Affairs for receiving the Silver Circle Award for the graphic design publication of the Baytown Voice; • Sr. Animal Control Officer and Volunteer Outreach Coordinator Candace Thomas and Outreach Specialist Gabrielle Hubbard for transporting 19 dogs to the High Country Veterinary Hospital in Colorado Springs, Colorado; • While traveling to Brazil, Firefighter and Paramedic Miguel Guerrero responded to a medical emergency mid-flight and the airline sent a letter of gratitude for his assistance; • Emergency Medical Services (EMS) for receiving a Mission: Lifeline EMS Recognition Gold Plus Target on behalf of the American Heart Association; • Baytown Police Department (BPD) for their UNIDOS event coming up on Saturday, September 16, 2023, at Town Square from 4:00 P.M. to 8:00 P.M.; • Officer Jarrett Wilkerson for arresting somebody stealing electricity from their neighbor and finding the folks that were stealing electricity from the City's park; and lastly • An Unidentified Officer for being written about by a citizen who was a at a bus stop on a hot day. The officer brought them water and a heartfelt, caring message. 15. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Mike Lester regarding projects, programs and events in District No. 6. Mayor Pro Tern Lester informed the audience that the City was in discussions with a couple of fast-food-type restaurants to be located along the Alexander area. The T-36 project was similarly ongoing,but they were dealing with the drought trying to get the grass to grow on the golf course. The restaurant development there should open around November 1st or the end of October. The golf course would open in late November or early December,but the drought may delay things. Mayor Pro Tern Lester also briefly gave updates on the Ward Road and Narcille Street improve- ments. He lastly discussed over the area off of Alexander, Motel 19. The Baytown Police Depart- ment (BPD)was working with the surrounding community,management, and property owners to help reduce potential criminal activity. He gave kudos to the Chief and his team for their work. 16. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section(s) 551.071 and/or 551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to discuss economic development negotiations. City Council Regular Meeting Minutes September 14,2023 Page 24 of 24 b. Recess into and conduct an executive session pursuant to Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys and/or to deliberate a real property acquisition. At 8:52 P.M., Mayor Capetillo recessed and convened in to an Executive Session pursuant to: 1) Section(s) 551.071 and/or 551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to discuss economic development negotiations; and 2) Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys and/or to deliberate a real property acquisition. At 11:08 P.M., Mayor Capetillo reconvened the meeting and announced that, in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. 17. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the September 14, 2023, City Council Regular Meeting at 11:09 P.M. 61: 60,44., n*el. Angela J son, City Clerk City of Baytown eva° J / ' ' um�' \� "'.'