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2024 04 25 CC Minutes:01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 25, 2024 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 25, 2024, at 6:30 P.M. in the Council Chamber of the Baytown City Hall at 2401 Market Street, Baytown, Texas, with the following in attendance: Laura Alvarado Sarah Graham Kenrick Griffith James Franco Jacob Powell Mike Lester Brandon Capetillo Jason Reynolds Scott Lemond Angela Jackson John Stringer Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor Brandon Capetillo convened the April 25, 2024 Regular City Council Meeting with a quorum present at 6:38 P.M. All members were present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Sarah Graham. 1. CITIZEN COMMENTS Mayor Capetillo announced citizens signed up to speak. a. Harvey Ponder, 6403 Crosby Cedar Bayou Road, commented, "I'd like to thank you and the staff regarding this Pirates Bay fiasco from the other day. The decision you all made was quick and decisive, obviously an oversight on somebody's part planning something wrong and I appre- ciate it. I would like to ask you to take the time to correct another oversight. The City Staff Report dated November 2, 2017 states that the purpose of the land use and annexation was to transition from commercial to residential and I've got a copy of that right here. On March 28, 2024, the last City Council meeting I was at, the city passed Agenda Item 4.b, rezoning a 3-acre tract from open space to medium density. The city admitted the track was annexed in the 2017 land grab. The city further stated that the property owner needed the rezoning so he could sell it. I think its more reasonable to say that the new owner is a commercial developer who did not want the negative publicity of building more multi -family complexes or condominiums like the ones all over east side of downtown Houston. Traffic on Sjolander Road is already a nightmare and you want to allow more multi -family complexes right there at Massey Tompkins and Sjolander. Remember the stated purpose of the annexation was to transition from commercial to residential. A letter dated City Council Regular Meeting Minutes April 25, 2024 0 Page 2 of 15 November 21, 2017; the city states that the city does not provide water. If the city does not provide water and sewer services, the homeowner must pay for it. I know one homeowner who was quoted $30,000 just to install water and sewer lines to the road and then further from Crosby Cedar Bayou down to Archer Road. Per the City Staff Report, the city only allocated 1,500 feet of water and sewer line at a total cost of $2 million. That'll be used up pretty quick. The only property owners who can afford the types of cost associated with that including impact fees and permits are com- mercial developers on such small properties; most of it is small properties. I was contacted by a commercial developer about my 5 acres. He wants to build a diesel truck repair shop on mine and some adjacent property. Again, so much for commercial to residential purposes. I would like to say thank you, Mr. Mayor, for setting up our impending meeting with the city. I appreciate it and again I'd like to say please correct this oversight and let us out of the city. That's all I got." b. Linda Miks, 6427 Crosby Cedar Bayou Road, commented, "I was in the 2017 annexation and I didn't realize we were supposed to go from commercial to residential. Well, apparently when- ever we got annexed my property became residential 'commercial. Therefore, when I fight my taxes I have to find comparable properties for that, and they won't let me fight my taxes. Even if I found a house identical to mine. If it says strictly residential, I cannot compare my property to theirs. When you annexed me, you hurt us tremendously so, I'm here again. I also want to say thank you for setting up the meeting and I will be there. For some reason, everybody had wrong numbers for me, but they did contact me. So, I appreciate you taking out the time on Tuesday. Mayor, I know and I don't understand the problem. I got messages and I even emailed Jason. Okay, so I will be there, but thank you for doing that. I'm here again, and the only way I think you can get rid of me is just de -annex me and I'll go away. Thank you." C. Byron Schirmbeck, 4727 Blackstone Street, commented, "Mr. Mayor, Council Members, it's been a beautiful few days, let's talk golf The T36 project is in default and let's be clear nobody is happy about that, nobody. The problem is that we need to reflect on how we got here, see what the problem is, see how we fix it, and prevent this from happening again. Let's go back two years, in this very room, that is the evening that we approved this deal. The majority of the folks that showed up were here to speak against the deal. There were publicly known red flags against this deal, a lot of red flags. I don't know if Soviet Russia had more red flags than this deal. In spite of all that, Mr. Mayor, you told us we had to rely on the experts. I'm asking where are those experts now? I'm a little bit troubled that what I'm seeing from the presentation earlier is talking about more incentives, more. I think the word they used was `incentivize the feasibility gap'. That sounds scary to me. I hope we take a look and slow this down and figure out first what we've done wrong so that we don't make the same mistakes again. The only way you can restore the trust of the people is with an outside, independent investigation into this. Into what went wrong, where did the money go and if there actually was any criminal wrongdoing by any of the developers or anyone at City Hall that's here now or that was here in the past. Until we get all that behind us, don't move forward on any more public -private partnerships. Let's figure this out first and give us the answers we deserve. Thank you." d. James Kilburn, 5001 Ashwood Dr., commented, "Thank you, Mr. Mayor, City Council. I'm going to get a little different from a lot of the comments that you've been hearing over the last couple weeks from the citizens. Mine is based on comments I see on Nextdoor Neighbor. Over the last 4 or 5 days there's been about 50 comments out there asking for an update on the San Jacinto Mall property. I realized what the problem is; this City Council meeting allows all of us to speak City Council Regular Meeting Minutes April 25, 2024 Page 3 of 15 and raise questions or bring thoughts, but we don't necessarily get a response back from City Coun- cil. I wasn't going to bring that up, but it's something I think City Council needs to look at and consider making a change. So, that some items we discuss we can possibly receive a response. Thank you for your time and have a good evening." 2. MINUTES a. Consider approving the minutes of the City Council Work Session held on April 11, 2024. A motion was made by Council Member Sarah Graham and seconded by Council Member Kenrick Griffith to approve the minutes of the City Council Work Session held on April 11, 2024, as sub- mitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Sarah Graham, Council Member Jacob Powell, Council Member Kenrick Griffith, Council Member James Franco and Council Member Mike Lester Nays: None Approved 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating May 5 - May 11, 2024, as Municipal Clerks Week. Mayor Brandon Capetillo presented the proclamation to City Clerk Angela Jackson and staff, pro- claiming May 5 - May 11, 2024 as Municipal Clerk's Week and recognized the efforts of the Baytown City Clerk's Office. b. Present a proclamation designating April 14 - 20, 2024, as National Public Safety Tele- communicators Week. Mayor Brandon Capetillo presented the Baytown Emergency Communication Center with two proclamations; one on behalf of Greater Hands County 911 Emergency Network and the other on behalf of the City of Baytown proclaiming the week of April 14 - 20, 2024 as National Public Safety Telecommunications Week. 4. TEXAS ENTERPRISE ZONE PROGRAM a. Conduct a public hearing regarding an ordinance re-establishing the City's participation in the Texas Enterprise Zone Program providing tax incentives, designating a f liaison for communication with interested parties and may nominate projects to the Office of the Governor Economic Development & Tourism (EDT) through the Economic Development Bank as an enterprise zone project. City Council Regular Meeting Minutes April 25, 2024 0 Page 4 of 15 At 6:59 P.M., Mayor Brandon Capetillo called Item 4.a., pertaining to the Texas Enterprise Zone Program into public hearing. Economic Development Manager Brian Moran summarized Item 4.a., regarding the City's desire to re-establish participation in the Texas Enterprise Zone Program and nominate companies as qualified businesses receiving state tax sales and rebates. At 7:04 P.M., Mayor Capetillo closed the public hearing related to the Texas Enterprise Zone Program to which no citizens signed up to speak. b. Consider an ordinance re-establishing the City's participation in the Texas Enter- prise Zone Program providing tax incentives, designating a liaison for communication with interested parties and may nominate projects to the Office of the Governor Economic Devel- opment & Tourism (EDT) through the Economic Development Bank as an enterprise zone project. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 15,783, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ESTABLISHING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERN- MENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNAT- rNG A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES AND MAY NOMINATE PROJECTS TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT), AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. a. Consider an ordinance authorizing an agreement with Nelco Media Inc. for the pur- chase of equipment, consulting, and installation services related to The Brunson Studio at an amount not -to -exceed $679,802.20. City Council Regular Meeting Minutes April 25, 2024 Page 5 of 15 Public Affairs Director Thomas Reeves, summarized the agreement with Nelco Media Inc., which provides unique opportunities for partners and the public to create content that highlights Baytown as a place to live, work, and play utilizing P.E.G. funds. Council Member Sarah Graham and Council Member Kenrick Griffith thanked Director Thomas Reeves for a tour of the facility and explanation of the Brunson Studio Development Projects. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tem Laura Alvarado to approve Ordinance No.15,784, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SIX HUNDRED SEVENTY-NINE THOUSAND EIGHT HUNDRED TWO AND 20100 DOLLARS ($679,802.20) TO NELCO MEDIA, INC., THROUGH THE INTERLOCAL PURCHASING SYS- TEM (TIPS), FOR THE PURCHASE OF EQUIPMENT, CONSULTING, AND INSTALLATION SERVICES RELATED TO THE BRUNSON STUDIO FOR THE PUBLIC AFFAIRS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance to authorize the issuance of the City of Baytown, Texas, Com- bination Tax and Revenue Certificates of Obligation, Series 2024. Finance Director Teresa McKenzie, summarized Item 5.b., related to the ordinance authorizing the issuance of the City of Baytown, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2024 and distribution of an official statement, enacting other provisions relating thereto. Council Member Jacob Powell commented, "I'll make the same statement I made when we ap- proved the notice on these going out. I just think there's other ways we can fund some of these items without Certificates of Obligation so, my view on that has not changed." A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 15,785. The vote was as follows: City Council Regular Meeting Minutes April 25, 2024 Page 6 of 15 Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, and Council Member Mike Lester Nays: Council Member James Franco, Council Member Jacob Powell Approved ORDINANCE NO. 15,785 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAY - TOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2024; LEVYING A TAX IN PAYMENT THEREOF; SETTING CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES; APPROVING THE PREPARA- TION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACT- ING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance to approve the resolution of the Baytown Area Water Author- ity authorizing the issuance of the Baytown Water Authority Water Supply Contract Reve- nue Bonds, Series 2024. Mayor Brandon Capetillo acknowledged Item 5.c. will be posted at a future meeting; no action was taken. 6. CONSENT A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member Sarah Graham to approve Consent Agenda Items 6.a. through 6.g., excluding Item 6.e. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayo Nays: None Approved r a. Consider an ordinance authorizing the service agreement between HIDTA and Re- cruitful, LLC, for creating and maintaining a LPR database. City Council Regular Meeting Minutes April 25, 2024 Page 7 of 15 ORDINANCE NO. 15,786 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN HOUSTON HIDTA AND RECRUITFUL LLC, FOR CREATING AND MAINTAINING A LICENSE PLATE READER ("LPR") DATABASE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUN- DRED EIGHTY -THOUSAND TWO HUNDRED EIGHTY-SEVEN AND NO/100 DOLLARS ($280,287.00); MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance awarding the Annual Large Meter Testing and Repair of Nep- tune Water Meters Contract to Southern Flowmeter, Inc. ORDINANCE NO. 15,787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ACCEPTING THE BID OF SOUTHERN FLOWME- (' TER, INC., FOR THE ANNUAL LARGE METER TESTING AND '�✓ REPAIR OF NEPTUNE WATER METERS CONTRACT AND AU- THORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-FIVE THOU- SAND AND NOI100 DOLLARS ($265,000.00); MAKING OTHER PRO- VISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the award of the Annual Tire & Tube Contract to The Goodyear Tire and Rubber Company. ORDINANCE NO. 15,788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-SIX THOUSAND AND NO.100 DOLLARS ($176,000.00) TO GOODYEAR TIRE AND RUBBER COM- PANY FOR THE RENEWAL OF THE ANNUAL TIRE AND TUBE CONTRACT THROUGH THE TEXAS LOCAL GOVERNMENT PUR- CHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a consulting services agreement for the Garth Road Widening — Water and Wastewater Phases A & B Project with Terracon Consultants, Inc. for construction material testing. City Council Regular Meeting Minutes April 25, 2024 Page 8 of 15 ORDINANCE NO. 15,789 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR CON- STRUCTION MATERIAL TESTING SERVICES AND CONSTRUC- TION OBSERVATION SERVICES FOR THE GARTH ROAD WIDENING — WATER AND WASTEWATER PHASES A & B PRO- JECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY THOU- SAND FOUR HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($170,465.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving payment to Cummins Inc., for generator repair service at the Baytown Area Water Authority Fritz Lanham Water Treatment Plant. Mayor Brandon Capetillo pulled Item 6.e., no action was taken. f. Consider an ordinance authorizing the award of the As -Needed Sludge, Grit & Debris Removal Contract at Treatment Plants and Lift Stations to Magna Flow Environmental, Inc. ORDINANCE NO. 15,790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ACCEPTING THE BID OF MAGNA FLOW ENVI- RONMENTAL INC., FOR THE AS -NEEDED SLUDGE, GRIT, AND DEBRIS REMOVAL AT TREATMENT PLANTS AND LIFT STA- TIONS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH MAGNA FLOW ENVIRONMENTAL, INC., FOR THE AS - NEEDED SLUDGE, GRIT, AND DEBRIS REMOVAL PROJECT AT THE TREATMENT PLANTS AND LIFT STATIONS; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF NINE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($925,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the sale of the City of Baytown property located along the southeast side of Farm -to -Market Road 565 (FM-565) in front of the Ameriport Lift Station to the Texas Department of Transportation (TxDOT), and authorizing the City of Baytown to enter into a Possession and Use Agreement for Transportation Purposes with Additional Payment of Independent Consideration with TxDOT concerning said property. ORDINANCE NO. 15,791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- City Council Regular Meeting Minutes April 25, 2024 Page 9of15 TOWN, TEXAS, AUTHORIZING THE SALE OF THE PROPERTY LO- CATED ALONG THE SOUTHEAST SIDE OF FARM -TO -MARKET ROAD 565 (FM-565) IN FRONT OF THE AMERIPORT LIFT STATION, CHAMBERS COUNTY, TEXAS, BEING LEGALLY DESCRIBED AS APPROXIMATELY 0.0472 ACRES OR 2,058 SQUARE FEET OF LAND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT NO. 205, IN THE CITY OF BAYTOWN, CHAMBERS COUNTY, TEXAS, TO THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION IN THE AMOUNT OF SIX THOUSAND FOUR HUNDRED EIGHTY-THREE AND NOi 100 DOLLARS ($6,483.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Receive the announcement of the Mayor's appointment to the Cedar Bayou Navigation District. Mayor Brandon Capetillo announced the re -appointment for Cedar Bayou Navigation District Position 6 and requested a follow up on their position and overall status at a future meeting. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Mike Lester to re -appoint Calvin Mundinger to the Cedar Bayou Navigation District. The vote was as fol- lows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO.2,910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPOINTING CALVIN MUNDINGER TO THE CE- DAR BAYOU NAVIGATION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing the appointment of the local Health Authority for the City of Baytown. Health Director Tony Gray explained the appointment of the local Health Authority for the City of Baytown, in accordance with Texas Health and Safety Code, Chapter 121.021. City Council Regular Meeting Minutes Apri125, 2024 Page 10 of 15 A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to appoint Dr. James Bernick as the City of Baytown Health Authority. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO.2,911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPOINTING DR. JAMES BERNICK AS THE HEALTH AUTHORITY TO THE CITY OF BAYTOWN; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. c. Consider a resolution authorizing the appointment of an Associate Municipal Court Judge for the term of office, which begins immediately, and ends on January 31, 2026. Mayor Brandon Capetillo pulled Item 7.c., no action was taken. d. Consider a resolution authorizing one (1) appointment to the Baytown Police Advisory Com- mittee. Council Member Mike Lester nominated Donald Vallier as District 6 representative for the Baytown Police Advisory Committee. A motion was made by Council Member Mike Lester and seconded by Council Member Sarah Graham to appoint Donald Vallier to the Baytown Police Advisory Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO.2,912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPOINTING DONALD VALLIER TO THE BAY- City Council Regular Meeting Minutes April 25, 2024 Page 11 of 15 TOWN POLICE ADVISORY COMMITTEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider a resolution authorizing one (1) appointment to the Community Development Ad- visory Committee. Council Member Mike Lester nominated Jennifer Elmore to the Community Development Advisory Committee. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to appoint Jennifer Elmore to the Community Development Advisory Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2,913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPOINTING JENNIFER ELMORE TO THE COM- MUNITY DEVELOPMENT ADVISORY COMMITTEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider a resolution authorizing two (2) appointments to the Planning and Zoning Com- mission. Council Member Mike Lester nominated Mike Beard as District 6 At -Large representative on the Plan- ning and Zoning Commission Board. A motion was made by Council Member Mike Lester and seconded by Council Member Sarah Graham to appoint Mike Beard as District 6 At -Large representative to the Planning and Zoning Commission Board. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes April 25, 2024 Page 12 of 15 Mayor Capetillo opened the floor for nominations to the Planning and Zoning Commission Board. Council Member James Franco nominated Oscar Chapa for the Planning and Zoning Commission Board. Council Member Kenrick Griffith nominated Judith DuBose for the Planning and Zoning Commission Board. A motion was made by Council Member James Franco and seconded by Council Member Jacob Powell to appoint Oscar Chapa to the Planning and Zoning Commission Board. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: Council Member Sarah Graham, Council Member Kenrick Griffith Approved RESOLUTION NO. 2,914 Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPOINTING MIKE BEARD AND OSCAR CHAPA TO THE PLANNING AND ZONING COMMISSION; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution authorizing one (1) appointment to the Tax Increment Reinvestment Zone Number One and Baytown Redevelopment Authority. Mayor Brandon Capetillo pulled Item 7.g., no action was taken. 8. MANAGER'S REPORT City Manager Jason Reynolds addressed the following topics from the Manager's Report: • Officer Casarena's quick response of performing CPR to the Baytown resident until Fire and EMS services arrived at the scene; saved their life. A big thank you for you service. • In addition, Officer Swash and Officer Casarena responded to a citizen report of reckless driver who was armed and uncooperative and a badly injured 15-year-old female possibly saving her life. • The police department has an online form where residents are able to submit compliments, and complaints regarding the City tow service provider on their website. • I would also like to recognize the Baytown Municipal Court. They were recognized and awarded the first -ever Trailblazer Award at this year's Traffic Safety Conference in San Antonio, Texas, great job. City Council Regular Meeting Minutes April 25, 2024 Page 13 of 15 • We partnered with the City of La Porte this spring to allow our youth teams to face more teams in different competitions throughout the season. It was a great collaboration for both cities. • I want to recognize the work that the Parks Department did with the East Region Special Olympics Event. • Parks and Recreation received a write-in letting us know he was grateful to one of our Baytown Parks Field Supervisors. The citizen had addressed some maintenance issues he had while visiting the Holloway Park and immediately after he had informed him it was being repaired. • Parks and Recreation, thank you for an awesome pop-up park event at Foote Park where families and City Employees from around the community had a chance to explore the new park amenities. • I want to thank all the citizens that showed up to the listening session with the Chief of Police and Mr. Lester for the first public safety listening session. Thank you for coming out and being involved with your Council and Staff. • I want to read a statement about the T36 golf course. I would like to state that the info changes often and that as we release information, it is based on the information that is at hand and in front of us at that time. So, please know as the City continues to put something out about T36 it could change and different updates will come along. It doesn't mean any- thing has changed materially with what's put out, but it's based on the information that's in front of us at that time. So, with that said, The City took action at the beginning of April 2024 after we were notified of a Separation Agreement with Bill Baytown One and the Troon Golf for the operations. The City wanted to continue a seamless transition of opera- tions so that the golf course did not have to close for any period of time. We took emer- gency action to keep the golf course operating for the foreseeable future. This was a statement that was released on social media, `The City is committed to a process of rea- ligning and reorganizing to create a sustainable future. That means holding partnership groups accountable when contracts and other agreements are not followed. The City of Baytown provided a notice of default to Bill Baytown One on the agreed contract with the T36 Golf Course. Bill Baytown One was given a list of outstanding items to address by May 3, 2024. The golf course remains open and will be operated by Troon, the company that was already managing the course. Work is expected to continue to open the Birch Kitchen in the coming months. The golf course will not be managed by the City of Bay- town. As part of a new agreement with Troon, we're working towards recuperating some of the investment made on the golf course. City leadership is also exploring options to help local contractors and companies who may have not been paid. The additional property that Bill Baytown One had an option to lease will remain with the City. It's important to know that these are difficult decisions, but were made in the best interest of the community. Ac- countability is critical and projects like these and others to come in the future. To add onto that, I want the City and the Council to know if activity merits an investigation, it will be done. To end on a positive note with the T36 Golf Course and let the residents see the amount of golf played from December 2023 through the month of April 2024 as of April 30, 2024. You can see the numbers that are happening at the golf course. They are in Iine with the projected golf to be played at the course. This is a positive report to see for what Baytown has invested into this project to get a golf course up and operational. With that, City Council Regular Meeting Minutes Apri125, 2024 Page 14 of 15 Mayor and Council that is all I have at this point." 9. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Sarah Graham regarding projects, programs and events in District No. 2. Council Member Sarah Graham reported the current projects, programs and events of District 2: • Public Works & Engineering o Robert E Lee Drainage is 90% complete. o Market Street design is completed now pending utility and acquisition items. o South Main Drainage design is nearly complete pending real estate items. o Tree Trimming is taking place on East Jack Ave, North Main St., down to N 7`h St. o Striping on Ward Rd from N Main St. to Alexander Dr and W Main St. from the bridge to Barrymore Blvd. • Planning & Development 0 1502 Nolan Rd. renovations of Bay Terrace Apartments is awaiting proof of payment. 0 200 Lee Dr. renovations of the Student Center building and food bank of Lee College. 0 510 W Texas Ave remodel into a bar and entertainment venue is under inspection and 70% complete. • Parks & Recreation o EPIC High School club is preparing for the 4th Biennial International Conservation Experience in Costa Rica. o Adopt -a -Spot Updates: Exxon Mobil conducted a Earth Day o Zurnba held at Town Square on Monday's and Wednesday's from 6:00 P.M. to 7:00 P.M. o Arbor Day Tree Giveaway o Wade into Wetlands Summer Camp is sponsored by Chevron Phillips. o Annual East Region Special Olympic Games were held at Salta Stadium, consisted of 898 athletes from Lee High School and Goose Creek Memorial with the help of 300 volunteers. 10. 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. b. Recess into and conduct an Executive Session pursuant to Texas Government Code Sections 551.071 and 551.074 to seek the advice of the City's attorneys and/or discuss personnel matters regarding the Associate Municipal Judge. At 7:46 F.M., Mayor Brandon Capetillo recessed and convened into an Executive Session. At 10:44 P.M., Mayor Brandon 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. City Council Regular Meeting Minutes April 25, 2024 Page 15 of 15 11. ADJOURN With there being no further business to discuss, Mayor Brandon Capetillo adjourned the April 25, 2024 Regular City Council Meeting at 10:44 P.M. Angela Jakson, City City of Baytown