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2024 09 26 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 26, 2024 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 26, 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 Council Member Sarah Graham Mayor Pro Tem Kenrick Griffith Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney2401 Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Pro Tern Sarah Graham convened the September 26, 2024 Regular City Council Meeting with a quorum present at 6:34 P.M. All members were present with the exception of Mayor Brandon Capetillo and Council Member James Franco who was absent. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Mike Lester. 1. CITIZEN COMMENTS Mayor Pro Tern Sarah Graham announced citizens signed up to speak. a. Mr. Byron Schirmbeck, 4727 Black Stone Street, stated, "Madam Chair, Council Mem- bers, thank you for allowing me to speak this evening. You're getting a document right now that's being passed around. I'm sorry, I'm going to stop I noticed my time isn't running, I just want to be fair. I just wanted to remind everybody that back in May, I submitted a complaint to DPS over the Flock system because they were operating without the required state license, which is illegal to do in the State of Texas. At that time, I really didn't receive any kind of response from anyone in the administration and the City or even acknowledging that I submitted this and it's a valid concern. No, thank you, we received it, no this is concerning to us, or we're looking into it. Thankfully, the ones that really matter are Department of Public Services (DPS). They're the regulatory agency. Just this July, I found out that DPS was already investigating Flock for not having a license. This July, they issued a cease -and -desist to Flock to stop their operations at least on private property because they're operating without a license. I don't have much time, but due to this, I'm actually announcing a new program, and Chief, I hope this isn't up to your standards to partner with some- body that's breaking the law to try and enforce the law. I know you. I think you're better than that, but we are going to put online the locations of all the Flock locations, thank you." City Council Regular Meeting Minutes September 26, 2024 Page 2 of 32 b. Harvey Ponder, 643 Crosby Cedar Bayou Road, stated, "Just to finish what I was going to say a while ago, the City is in a pretty dire financial strait right now, and the best way to save money is not to spend it. It would cost the City around 20 million dollars to provide services for all five of the annexation areas, but we were told we would get that seven years ago. I haven't got anything except to vote. Why not save some money and let us go now? Surely, the City could spend the money on other noble and necessary projects like golf courses and hotel management. I'm not sure who to address this part with the City Manager, the City Clerk, the City Attorney, Public Works, or Council Members, but why is the disannexation procedure for petitions formally introduced tonight. Not mentioned six months ago when we first brought it up. Any other permit for the City, I go to the clerk, I fill out a paper, I give it to them, they give me what I need to have. Why can't I have that with the petition? Or at least, a month ago, two months ago, three months ago, when we had the meeting together with everybody. Nobody said a word till tonight. Now we're told that's a first step, six months later. What's going on with that? That's all I got." C. Linda Micks, 6427 Crosby Cedar Bayou Road, stated, "When we first addressed in January about wanting to be disannexed from the City, it really was never mentioned about the petition. The only reason we did not do that route was because we were actually hoping, you, as a City Council would do the right thing and go ahead and disannex us. Now we know, we need the peti- tion. Originally, whenever we were going to be annexed in the City, Mr. Kaminski went through our neighborhood and got approximately 754•0 of signatures stating we did not want to be annexed into the City. That fell upon deaf ears. The problem, you made a comment about our water well and our sewer system was that we could just not hookup. If it went down, we had to get permission to do something. We don't have an option to just hook up to City services, which in Chapter 43 of the state code states that when a property is annexed, you are supposed to be giving all services, not some. That's been disputed several months for all services. We do not have the option of water. We do not have sewer. Yes, we have police, I had police with the county. I had fire with the county. I had trash pickup that I paid through a private service. These are not services that the City provides us. The services that we were supposed to be provided were water services, and sewer services, which we don't have. We live in such a remote area. You all saw on the map, it's not feasible. It's not possible. I cannot cross my neighbor's property to run a water line to North Main. I don't get along with my neighbor. So, I still request disannexation and now that I know we have a petition to get in first." d. James Kaminski, 623 Lauren Lane, stated, "When I spoke earlier and then I listened to some of the comments, I wanted to correct some of the things that were said. Yes, there was a time limit that the City had to provide said services. It was 30 months. The City could have filed for an extension, which I never saw an extension. Those services were police, fire, sewer, water, and trash pickup, along with voting. We had police with Harris County. We had fire because we were in the territory of the district. We paid for it through our taxes. Sewer water, it's not there. That's 18 million dollars, I'm saving the City, don't spend it. I mean, if you don't have the money to do it, why do it? The rule was, if there was water and sewer in front of our property, if we were less than 50 feet, we had to tie into it. Mandatory, rather we had a well or septic. They changed that to 100 feet during that annexation to grab in more people, which I'm still 300 feet off so it's not mandatory for me to tie in. Now, if my sewer and water went out, I would not get a permit, I'll be forced to tie in which it's not there. Don't spend the money." City Council Regular Meeting Minutes September 26, 2024 Page 3 of 32 e. Ms. Kim Kosteck, 5103 Ashwood Drive, stated, "Good evening, Mayor Pro Tem, Council, City Manager. I just want to address one major discrepancy of what was presented this evening and the only thing that was presented was the petition option and these individuals have known about the petition option the whole time. There's also another option and that is that council without a petition can put it on the agenda. You can vote to take it off on your own without making them go through a petition. What is the benefit to that? If y'all voted and took them out of the City, then other people, they wanted to come back into the City, they could come back in. If they go the petition route, then you cannot annex a single property in that petition for 10 years, period. Think about that, please. Just let them go." 2. MINUTES a. Consider approving the minutes of the City Council Work Session held on August 22, 2024. A motion was made by Council Member Laura Alvarado and seconded by Council Member Ken - rick Griffith to approve the minutes of the City Council Work Session held on August 22, 2024., as submitted. The vote was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tem Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo and Council Member James Franco (Absent) Approved b. Consider approving the minutes of the Joint City Council and Baytown Municipal Development District Meeting held on August 22, 2024. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Jacob Powell to approve the minutes of the City Council Meeting held on August 22, 2024., as submitted. The vote was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tem Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo and Council Member James Franco (Absent) Approved 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS City Council Regular Meeting Minutes September 26, 2024 Page 4 of 32 a. Present a proclamation designating October 6th -12th, 2024 as Fire Prevention Week. Mayor Pro Tern Sarah Graham, accompanied by Chief Kenneth Dobson and the Fire Staff, read the proclamation designating October 6th — 12th 2024 as Fire Prevention Week in Baytown. b. Present a proclamation designating October as National Community Planning Month in Baytown. Mayor Pro Tern Sarah Graham, accompanied by Director Martin Scribner and the Planning and Development Services Staff, read the proclamation designating the Month of October as National Community Planning Month in Baytown. 4. PUBLIC HEARINGS a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 0.32 acres located at the southwestern corner of the intersection of Bayway Drive and Weaver Avenue, at 6427 Bayway Drive from Urban Residential (UR) to Mixed -Use Neighborhood (MUN) Zoning District. At 6:55 P.M., Mayor Pro Tem Sarah Graham opened the public hearing regarding Item 4.a., to amend the official zoning map at 6427 Bayway Drive. Mayor Brandon Capetillo entered the City Council Meeting at 6:55 P.M. Planning and Development Services Director Martin Scribner provided a detailed presentation regarding Item 4.a., to amend official zoning map. Mayor Pro Tern Sarah Graham announced a citizen, had signed up to speak on the item. Tom Capetillo, 4511 Country Club View, requested consideration to rezone his property to incorporate a garage and small office space for personal use. At 6:59 F.M., Mayor Pro Tern Sarah Graham closed the public hearing regarding Item 4.a., to amend the official zoning map at 6427 Bayway Drive. b. Consider an ordinance authorizing a request to amend the official zoning map to rezone approximately 0.32 acres located at the southwestern corner of the intersection of Bayway Drive and Weaver Avenue, at 6427 Bayway Drive from Urban Residential (UR) to Mixed -Use Neighborhood (MUN) Zoning District. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Mike Lester to approve Ordinance No.15,911 - A, as submitted. The vote was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell and Council Member Mike Lester City Council Regular Meeting Minutes September 26, 2024 Page 5 of 32 Nays: None Other: Mayor Brandon Capetillo and Council Member James Franco (Absent) Approved ORDINANCE NO. 15,911 - A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 0.32 ACRES GENERALLY LOCATED AT THE SOUTHWESTERN CORNER OF THE INTERSECTION OF BAYWAY DRIVE AND WEAVER AVENUE, AT 6427 BAYWAY DRIVE, LEGALLY DESCRIBED AS LOTS 12 AND 13, BLOCK 4, WOOSTER HEIGHTS, FROM URBAN RESIDENTIAL (UR) TO MIXED -USE NEIGHBORHOOD (MUN) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NOi 100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Mayor Brandon Capetillo entered the City Council Meeting at 6:55 P.M. C. Conduct a public hearing concerning the rehabilitation by Pillar Wyndham Park, LP, of Wyndham Park Apartments, a 184-unit affordable senior rental housing complex, located at 2700 Rollingbrook Drive, Baytown, Harris County, Texas. Planning and Development Services Assistant Director Ryan Hvitlok provided a detailed presentation regarding Item 4.c., rehabilitation of Wyndham Park Apartments. (Exhibit A) At 7:04 P.M., Mayor Brandon Capetillo opened the public hearing regarding Item 4.c., rehabilitation by Pillar Wyndham Park, LP of Wyndham Park Apartments. Applicant Jeremy Bartholomew of Resolution Companies provided a brief summary regarding the request for rehabilitation of Wyndham Park Apartments. At 7:05 P.M., Mayor Brandon Capetillo closed the public bearing regarding Item 4.c., rehabilitation by Pillar Wyndham Park, LP of Wyndham Park Apartments. d. Consider a resolution registering no objection to Pillar Wyndham Park, LP to apply for the 4% Low Income Housing Tax Credit (LIHTC) through the Texas Department of Housing and Community Affairs (TDHCA) to rehabilitate Wyndham Park Apartments. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Sarah Graham to approve Resolution No. 2942, as submitted. The vote was as follows: City Council Regular Meeting Minutes September 26, 2024 Page 6 of 32 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell and Council Member Mike Lester Nays: None Other: Council Member James Franco (Absent) Approved Resolution No. 2942 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REGISTERING NO OBJECTION TO PILLAR WYNDHAM PARK, LP'S PROPOSED REHABILITATION OF THE WYNDHAM PARK APARTMENTS AND POSSIBLE ALLOCATION OF 4% LOW INCOME HOUSING TAX CREDIT FOR THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Conduct a public hearing concerning the rehabilitation by Pillar Piedmont, LP, of Piedmont Apartments, an approximately 250-unit affordable rental housing complex, located at 7510 Decker Drive, Baytown, Harris County, Texas. At 7:07 P.M., Mayor Brandon Capetillo opened the public hearing regarding Item 4.e., rehabilitation by Pillar Piedmont, LP, of Piedmont Apartments. Planning and Development Services Assistant Director Ryan Hvitlok provided a detailed presentation regarding item 4.e., rehabilitation of Piedmont Park Apartments. (Exhibit B) At 7:09 P.M., Mayor Brandon Capetillo closed the public hearing regarding Item 4.e., rehabilitation by Pillar Piedmont, LP, of Piedmont Apartments. E Consider a resolution registering no objection to Pillar Piedmont, LP to apply for the 4% Low Income Housing Tax Credit (LIHTC) through the Texas Department of Housing and Community Affairs (TDHCA) to rehabilitate Piedmont Apartments. A motion was made by Mayor Pro Tem Sarah Graham and seconded by Council Member Laura Alvarado to approve Resolution No. 2943, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell and Council Member Mike Lester Nays: None Other: Council Member James Franco (Absent) Approved Resolution No. 2943 City Council Regular Meeting Minutes September 26, 2024 Page 7 of 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REGISTERING NO OBJECTION TO THE PILLAR PIEDMONT, LTS PROPOSED REHABILITATION OF THE PIEDMONT APARTMENTS AND POSSIBLE ALLOCATION OF 40•o LOW INCOME HOUSING TAX CREDIT FOR THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. MUNICIPAL BUDGET FOR FISCAL YEAR 2024-2025 A motion was made by Mayor Pro Tern Sarah Graham and seconded by Council Member Laura Alvarado to approve Items 5.a., 5.b., and 5.d., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell and Council Member Mike Lester Nays: None Other: Council Member James Franco (Absent) Approved Mayor and Council Members expressed their appreciation to all levels of Staff for the efforts to finalize the budget items. a. Consider an ordinance amending the City of Baytown utility rates. ORDINANCE NO. 15,912 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 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, BAYTOWN, 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 amending Sections 86-101, 86-104, and 86-166 of the Code of Ordinances Regarding Fees for Sanitation Services. City Council Regular Meeting Minutes September 26, 2024 Page 8 of 32 ORDINANCE NO. 15,913 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE II "RESIDENTIAL SOLID WASTE," DIVISION 3 "FEES AND CHARGES AND BILLING PROCEDURE," SECTION 86-101 "CHARGE FOR COLLECTION"; DIVISION 4 "BAYTOWN GREEN CENTER" SECTION 86-104; AND ARTICLE III "COMMERCIAL SOLID WASTE," DIVISION 2 "SMALL BUSINESS WASTE COLLECTION SERVICE," SECTION 86-166 "CONTRACT FOR GARBAGE COLLECTION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE FEES FOR RESIDENTIAL, GREEN CENTER, AND SMALL COMMERCIAL REFUSE COLLECTION; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO.`100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. C. Consider an ordinance approving the ad valorem tax rate for the City of Baytown, Texas, for fiscal year ending September 30, 2025. Approval of the ordinance will set the property tax rate at $0.70042 per $100 valuation for the 2024 Tax Year. The General Fund maintenance and operations tax rate will be set at $.43689 per $100 valuation and debt service tax rate set at $.26353 per $100 valuation for fiscal year ending September 30, 2025. Byron Schirmbeck, 4727 Blackstone Street, stated, "Mr. Mayor, Council Members. This is the good part of the evening. You all know that I watch the budget and the tax rate and you've all heard from me about that over many years, and when you do what we're asking you to do, it should be recognized. So, congrats. This is a good job. This is a good budget. I said it publicly, I'll say it again. I believe it is a sincere effort toward fiscal responsibility, I said fiscal, not physical. A lot of folks have been saying physical lately. So, congrats to Mr. Reynolds and his staff. I know you made at least about a five -million -dollar cut in the budget. I'm sure that wasn't easy. Mr. Powell, the head of the Finance Committee, a lot of that came from you guys. Everybody provided leadership on this and I think it shows that we can maintain an excellent level of City services while maintaining responsible budgeting. Like someone said before, I'll go on the record, there are some things in there I still kind of question, but we're not going to nitpick it. I do genuinely think it's a good idea. I do appreciate the fact that Mr. Reynolds said that a lot of the issues that we had were decisions that were made in the past on a lot of it to do with spending and his analogy with the cupcake. I use that with people now. So, too much frosting sometimes. I get the feeling that we may be on the path towards a little bit more frosting with some of the things we're doing, some of what was on tonight. So, I hope to keep that in mind but when you guys do a good job, you should be recognized for that. I think even though there are some things I would have done a little bit different, it's a good job. Thank you for working hard on it. I know it wasn't easy and people should recognize your efforts. Thank you." A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob Powell to approve Ordinance No., as submitted. The vote was as follows: City Council Regular Meeting Minutes September 26, 2024 Page 9 of 32 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell and Council Member Mike Lester Nays: None Other: Council Member James Franco (Absent) Approved ORDINANCE NO. 15,915 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GEN- ERAL FUND MAINTENANCE AND OPERATIONS AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2025, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance to adopt the City of Baytown Fiscal Year 2024-2025 Proposed Municipal Budget. ORDINANCE NO. 15,914 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025, IN ACCORDANCE WITH THE CHARTER AND ORDI- NANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. PROPOSED ORDINANCES a. Consider an ordinance authorizing the City Manager to enter into a golf facility man- agement agreement with Troon Golf, LLC. City Attorney Scott Lemond, stated, "Council, this item is to enter into a longer -term agreement with Troon for the management of the golf course. As you recall from a few months ago, we entered into a short-term agreement to get us through the end of the fiscal year. We have now negotiated what we think will be a better agreement with Troon for long-term management of the City Council Regular Meeting Minutes September 26, 2024 Page 10 of 32 course and it will not require any additional funds other than what you approved before. So, it would just take whatever was left over from your previous ordinance and roll that into this agree- ment. I would like to point out to you that when we put this item on the agenda, we still had a few fine points to negotiate with Troon but the agreement that's been placed in your packet is substan- tially, the same as what we have finalized. The only change being to paragraph 17, which would allow the incentive management fee to begin as of January 1 st, 2 02 5, rather than after the initial term as defined in the agreement." City Manager Jason Reynolds, stated, "Can we identify that this was an request for quote (RFQ) process? There was an RFQ done for this. This was part of the whole discussion when we went through this process for the short-term agreement that council's direction was to get an RFQ to see if there were other people that were going to respond. There were, I believe, four responses. Two from Good Management Companies or companies that could actually do what we were requesting, and this is the one put forward." Mayor Brandon Capetillo stated a citizen signed up to speak on Item 6.a. Byron Schirmbeck, 4727 Black Stone Street, stated, "Mr. Mayor, Council Members. I just want to do a little review before this to vote. The first thing I would like to point out is that if we do a little history and go back to May 2nd, the Council originally voted no, to continue an agreement. Five days later, the Council's emergency or special session was called to overturn that vote. The primary reason we were given is that this was an important vote, and all Council Members were not here to represent their district on this. I'm noticing that we do have a Council Member, just like before that's not here. Are we going to continue the precedent that you've already set? Or are we going to say that this district doesn't get to get represented in this vote? It's a similar vote. So, I would hope that somebody, at least says that we should be consistent with what we do. If it was good before, it's good now. We shouldn't just do it when it's an advantage to us. I actually went back and watched the video of the presentation of the breakdown on the roughly 1.9 million dollars that was approved on what Mr. Reynolds says, it was going to be spent on. A few things that I recall was about $700,000 of the 1.9 million dollars was for existing or previous obligations including about $400,000 for local vendors. So, that's about $700,000. There were two items, one was for the building, and one was for the restaurant, both of those added up to roughly about 1 million dollars. So, that's 1.7 million dollars out of 1.9 million dollars. And then, there is also about three hundred thousand dollars that was supposed to cover operational losses or something to that effect. I'm trying to wrap my head around how we already found hundreds of thousands of dollars to continue for another year, especially when the comments were that some of you were voting specifically saying this is only to fund this through the end of the fiscal year in September, and now the goal posts are getting pushed again. My concern, is that, one, where did this money come from? Did you cut back on the payout to previous agreements? Did you cut the expenses for the clubhouse? Where did it come from? I would also like to know what the other proposals were from the other vendors. I think that should be made public, I requested that. Since you guys hadn't taken action on it, the City wouldn't give those proposals to me, which I understand. It's proper, but I think that should be discussed. And my concern is that even if this looks great for right now, it seems like a temporary fix or a temporary Band-Aid. What are you going to do at the end of 2025 when this money runs out? You're going to have to allocate more money for it. So, we're just kicking the can down the road for another year. What if we use this sudden newfound money that you've already approved to turn it back into the disc golf course that some of you like, that we might have to do City Council Regular Meeting Minutes September 26, 2024 Page 1 l of 32 eventually, anyway? How about we use some of this money to fix the irrigation on there? If you remember there was a Baytown Sun article, there were three people that had their houses flooded, because of the construction and the refiguring of the whole outside of their house. If you go out there, there's no irrigation for the house. It could flood again and they just fixed it. So, please answer those questions before you vote. Thank you." Mayor Brandon Capetillo, stated, "All right, Council first, do we want to consider this item? Are we going to have all seven Council Members for every vote in the future, I'm not sure what eve- ryone wants to do, but I'll rest this at your pleasure, you tell me, give me the guidance." Council Member Kenrick Griffith, stated, "I feel like we're being consistent. We could table it until we have all council members present. The precedent was already set back in May." Mayor Pro Tern Sarah Graham, stated, "I feel like we're not asking for any more money on this and if we are going to set that precedent, that means from here on out, for every item, whether money is involved or not, that every Council Member will need to be present." Council Member Laura Alvarado stated, `Before, we were asking for additional money. So, I would like clarification from staff in terms of what we're moving forward on, and then the scope of the work that will be included with Troon." Mayor Brandon Capetillo, stated, "If Mr. Brant Gary can answer some of the general questions." Council Member Laura Alvarado, stated, "As my colleague mentioned, if we're going to have to stop and wait for every council member to be present, whether there's additional monies or not present, is that warranted for this particular vote because we are not allocating any additional other than what have we already voted on that. Is that correct? Assistant City Manager Brant Gary answered, "Yes. The balance of the originally appropriated 1.9 million dollars." Mayor Pro Tern Sarah Graham, stated, "Actually, Mr. Schirmbeck brought up some questions that I had already written down. I would like to know, so when I sat down earlier this week to ask questions about this particular item, I have several things and they're really in line with what he was talking about. I've been told that there's money left over from the initial 1.$-plus that was approved, what is that left over from? How much is it? And is that paying the management fees if this item were approved all the way through this next fiscal year?" Assistant City Manager Mr. Brant Gary, stated, "Looking at the 1.9 million that was allocated, that was spread out across eight different categories and eight different purchase orders for those hav- ing to do with prior invoices. I'm sorry, five of those having to do with prior invoices, and three for new items including the contributions to operations, the completion of the clubhouse, and re - mediation of some of the course features, which we discussed. In looking at the individual Pur- chase Orders (PO), we had approximately $60,000 remaining after we cover the prior invoices for construction, for course management, and for operating supplies and services. We have about $50,000 left over from other lease items that may or may not come due." City Council Regular Meeting Minutes September 26, 2024 Page 12 of 32 Mayor Pro Tem Sarah Graham, stated, "To clarify $60,000 from invoices, $50,000 for lease items?" Mr. Gary, stated, "Yes, ma'am. And across the irrigation well use, $100,000. There's $100,000 remaining from new contributions to fiscal year 2024. There is about $460,000 remaining on the clubhouse. The new construction for clubhouse costs and I know that we are in the process of finishing that up and confirming that order. So, that number will go down significantly once the bills for the equipment, that are on order come in. We do have $200,000 still remaining in that remediation course features. We're anticipating approximately $60,000 to $70,000 that would be charged to that. So, there would be probably about $120,000 or $130,000 left over from that. All in all, we have remaining costs that we anticipate of about $513,000, which leaves right about $460,000 from $461,000 remaining funds that would be available for fiscal year 2025. Historically, we have supplemented operations, I think, once every two to three months. That is without revenue from the restaurant and the bar. Once those come online, we're anticipating revenue from there. Looking at the $460,000 that comes to be about six contributions of $75,000. We think that should be more than enough to get us through fiscal year 2025 once the kitchen restaurant bar comes online. As was mentioned, this is an annual renewing contract and so we would get an annual plan or budget towards the end of every calendar year, and that budget would be for the next calendar year. So, within the next couple of months, we'll have that for calendar year 2025. One of the goals of staff in preparing this agreement was to try to address as many of the different priorities that was expressed from Council to staff for this agreement. This agreement does provide for four options of termination. First, termination with cause obviously that our City Attorney can tell you about is basically, failure to comply with a contract. Second, termination for change of use; if we decide to change the use of that area, there's a termination option for that. Third, is termination for sale; if we decide to sell the property, go through that process, there's an option for that. Finally, termination without cause. Now, all of those termination options do have a 90-day requirement. The only caveat to that is the termination without cause, which would mean that the City would continue to operate the golf course, but wanted to look at a different operators, the termination without cause would not be available to the City until January of 2027. After that, it would neces- sitate a 90-day notice period as well. With all of that in mind, I mentioned the management fee has gone down from $10,000 a month to $8,500 a month with the opportunity for an incentive fee. That incentive fee would be paid out of revenues that exceed expectations and exceed expendi- tures. Basically, Troon gave up $18,000 a year and has the possibility to make, I want to say, about $25,000 a year. So, we believe with the savings, with the change in the management fee, and with the kitchen bar restaurant coming online, we do believe that we will be okay through fiscal year 2025 based on what we have and where we're headed. I'd also like to point out that we do have representatives from Troon with us this evening. Ms. Vanessa Porto who's our General Manager here at the course, and Mr. Mitch Harrell, who's the Vice President with Troon. And I'm happy to answer any additional questions, and I know that they could as well." Mayor Pro Tem Sarah Graham, stated, "I noticed when I was looking at the contract there was an incentive clause in there and for me that implies, after looking at the pro forma from Troon, that Troon is expecting some positive outlook in the future, because there they have an incentive clause in the contract. So, a couple of things I just want to say. Obviously, when you go back to May, I said a lot of things that night, I still stand by my vote at that time but I did not set that ship to sail for the golf course, and I am still a little salty since we're talking about ships in the sea about the disc golf. However, I wanted to mention that tonight when we were in our Capital Improvement City Council Regular Meeting Minutes September 26, 2024 Page 13 of 32 Project (CIP) meeting, we recently just found out that when our award -winning national disc golf course was removed from the Evergreen property, it was supposed to be relocated off of Market Street, across from the high school and we are now being told the money is there. It is going to be completely funded. It is now going to be put in the acreage that is in the front of the Evergreen neighborhood. It's actually already in the process and hopefully going to be done very, very soon. So, for me, that adds to the positive outlook for this management company continuing to manage a golf course because now, we're going to have the disc golf back in Baytown, and that award - winning designer for the disc golf is involved in this. So, that was a plus for me. Because, I did not put this ship out to sea, meaning, just so I'm not too vague about this, I would not have voted for the golf course many, many years ago. However, it was here. I voted for the 1.8 plus million dollars and I do feel like I want to save the ship and keep it going, especially right now, we have a company that went through the proper request for qualification (RFQ) process and because we do have it funded for one more year, according to staff." Council Member Jacob Powell, stated, "I just want to say, I mean, I know I've been opposed to this from the beginning from the various talks we've had related to the golf course, but I wanted to take this independent of those previous votes and look at this on its own merit, but my view hasn't changed. I did read through the contract, and I do think a lot of the concerns we've had are ad- dressed in here, but at the end of the day, I go back to what I've said in previous meetings. I don't want to have a municipal golf course. I don't hear that from residents. We have an opportunity to stop spending the money. You can say it's not costing us anything in next year's budget but it's costing us money. I mean, we're just borrowing from this year's budget. Let's be honest and call it what it is. So, we have an opportunity to stop and just go a new direction with this. So, my view on this has not changed from previous meetings." Council Member Kenrick Griffith, stated, "I just want to echo some of my colleague's statements there. The community didn't ask for this golf course. I came in right in the middle of this. I just see a history of citizens not actually being listened to on the golf course topic. I feel, at this point, we're just kicking the can down the road. So, my position on it is just the same as it was back in May. However, if we do vote for the golf course to my constituent's point. I would like to see those neighbors get that ditch fixed by their homes and some culverts put in. I've read the Baytown Sun article and they've had a go due to some incompletion of work on the golf course. So that's where I stand on it. I think we're just we're just kicking down the road to a certain hand and my vote would continue to be no." Council Member Mike Lester, stated, "The golf course is in my district, and I've been a supporter of the original issue, I understand my colleague's oppositions to it and appreciate those. The dis- cussions we've had as far as getting us to the end of this budget year, I was willing to take that gamble. Then in the current discussions, as long as we're not spending any more money, money we've already appropriated, I agree with my colleague's comment. All we're doing is shifting money, but it's not new money. That calms my concerns a little. I was really hoping that the RFQ would bring somebody out that would lease the golf course from us. Again, we're going to be the landlords, we own the property but let somebody else take the gamble and the risk. That didn't happen. What's been explained to me and I appreciate the explanations is that it's kind of hard to lease something that's half -finished and not complete. If we can get through this coming year, to the September of 2025 and not spend anything more than we've already allocated, if we start spending money again, new money, then I'm going to have a significant different position. The City Council Regular Meeting Minutes September 26, 2024 Page 14 of 32 course will be completed. It'll be operational, hopefully, and I'm sure Troon is because they built in an incentive clause into it. They're making money and it's doing well. Then I'm going to continue to support it. If we get to the end of that process and Troon is taking a beating and a loss and we're having to expend more money, then I'm not. I've heard the comments that nobody wanted the golf course. Even the folks that were opposed to the current course, there were four of the tournament levels, 18-hole golf course so it's not that people didn't want a golf course, they just didn't want the one that was provided for the funding that we did. The rounds of golf, their plan is going up from my understanding, and continue to go up. So, there are lots of people who are coming to this golf course and who enjoy it. I would imagine a good percentage of those are our constituents and citizens. If they're not, they're coming across the bridge. That's even better. So, I'm going to support this. Again, based on the fact that the projection is that we're not going to have to spend new money on it. It's funny, we've already approved, Staff did a great job of negotiating some of those costs down and keeping that tight. So, I'm going to support that for this year, and 1 was probably one of the ones Byron was talking about that I've kind of changed my comment since May. I don't really think I have. I was hoping for a better turnout but I also understand that it's tough to sell a product that's not finished, so it'll be finished hopefully the restaurant and the bar will be very successful and will provide Troon their incentive package and everybody will be happier. So, Mayor, and again with the disc golf course coming on, I know the Evergreen Community out there is excited about that opportunity. They're excited about keeping that strip of property of park and not having that go commercial. So, again, I'm going to support this as we go along, but I'm also going to be watching it very closely because of my previous comments I stand by. So, I appreciate the oppor- tunity." Council Member Laura Alvarado, stated, "I'm not going to spin the wheels because I agree with both of my colleagues. The biggest part was the fact that it was making revenue before this change. It was already making revenue despite the fact that we didn't have a restaurant. So, 1 still remain in the positive that it will continue and even exceed the revenues that we anticipated. The fact that it's in an annual renewal still gives us that opportunity to go through and review how it's going, what's happening, and in the future, who knows, it may be turned over. We just don't know right now. Giving us this extra year to finish it out, continuing to bring on those revenues, that's what I'm looking forward to. The disc golf move was news to me. I'm not sure how I feel about that. I'm glad that there's going to be disc golf. I'm not happy that it's being moved from Market Street. So, that's a separate discussion with staff. Other than that, I'm okay with it." City Manager Jason Reynolds, stated, "Regarding the drainage. Yes, three people's homes flooded. I'm sorry that three people's homes flooded, I'm very sorry. The article in the Baytown Sun was an effort to call out my opinion to try to get the court a public opinion to sway, to do something. The City system, the drainage system is designed to hold two inches of rain per one hour. That's the City system. Anything that goes to get to any kind of engineering stuff like the golf course has to get a grading permit. The golf course has got a grading permit. The grades were built to handle the sheet flow of the rain. That instance, where those three homes flooded, we recorded on Harris County Flood Control on their rain gauges, three inches of rain in one hour. That is more than the two inches that our systems are designed to handle. That three inches led to minor flooding. I don't say minor flooding to be dismissive to the people's homes flooding. It was more than what our systems are designed to handle. It would have been no different if we got six inches of rain some- where within an hour, it flooded a street which flooded into a home. I'm sorry that the homes at Trinity Oaks flooded. The acts of God are not insured against, the City is not held liable for stuff City Council Regular Meeting Minutes September 26, 2024 Page 15 of 32 like that because there is a threshold that we have to design towards. This did go to insurance. These homeowners did make a claim, it went to insurance and it was denied. Texas Municipal League (TML) went through the process, it was denied. I've spoken to the homeowners, I've emailed them. I'm asking what their expectations are. Their expectations are that the City goes and pays for all the repairs in their home. There's another expectation to build the swell in there, but we've already designed what we're supposed to do for the sheet flooding on the golf course ac- cording to the grading permit. We can't and aren't allowed to go spend public money on private property. So, we can't just go pay for people's homes to be fixed. I'm very sorry that this happened to these people. I am. We are in a position where it's just one of those things, and I hate to say that. We do try to have the best customer service that we can. There are limits on what we can and can't do. This is one of those at this point. Now, if the Council, wants to change the design elements that we can handle six inches of rain per one hour, then we will do that. But, we're going to have to go through the entire City and upgrade the entire drainage system because we don't just do it for the one area. So, those are the comments. I'm happy to answer any questions that you may have on that." Mayor Brandon Capetillo, stated, "I don't want to ask the really big questions on it and I don't want to try to engineer this on the spot, but obviously for Staff, I know you had some conversations. If there's anything we can do because there's going to be another two inch or more an hour of rain that's going to occur sometime in the future regardless if there's a golf course by there or not. Is there something that we could do to try to at least minimize the risk of this reoccurring? I'll just leave it at that. You don't have to answer but I would like for us to at least truly address it and at try to convey whatever our findings may be from Public Works and Engineering of that. Yes, whatever we can do. I don't know what we can do. I know we can't do it on a private property, but if we can do something to help alleviate that on the course or not. Anybody else? Any other com- ments?" Mayor Pro Tem Sarah Graham, questioned, "Do we have the date of opening? A real date for the restaurant." Mr. Gary Brant, stated, "Believe it or not, we had that conversation earlier today. Imagine that. We are hoping that the opening will occur in October. We are at the mercy of the equipment ven- dors at this point. We've been given a window. If everything comes in, if we can get it installed, October is feasible. I think if we experienced delays, it might move into November." Mayor Pro Tern Sarah Graham, stated, "What equipment are we talking about? I feel like I've heard that several times." Senior Vice President of Operations with Troon, Mr. Mitch Harrell, stated, "Mayor and Council, thank you very much. We have been working on the restaurant very, very hard. The equipment for the kitchen, so cooking equipment, vent hood, refrigeration equipment, anything that we're using to prepare food, we're trying to get all that squared away. As you probably know with certain things these days, it's taking longer to get that equipment than anybody wants it too. So, we had to go in and redesign the kitchen based on what was there versus what is going to be there. It just took a little extra time and we are working with the vendors right now. They've given us a six to eight - week window. We can figure out with the City, Health Department and the building inspectors to make sure that whatever we do get, can we operate with just this to go forward depending on what City Council Regular Meeting Minutes September 26, 2024 Page 16 of 32 equipment we don't get right away. So, we're going to do everything we can to try to get it up in October." Mayor Pro Tern Sarah Graham, stated, "So, to clarify, everything is done except equipment? Mr. Harrell, stated, "We still have furniture coming in but we should have all that here in the next week or two. So, furniture for the dining area." Mayor Pro Tern Sarah Graham, stated, "Have you already hired staff? Mr. Harrell, stated, "We have a couple of people already hired. Leaders are already hired and we'll start hiring staff when we have a better idea of when we're going to open." Mayor Brandon Capetillo, stated, "I have a few questions for you, I guess. I know the Troon, from what I can tell is the number one golf operator in the country and I know you operate a lot and a lot of other resorts, other type of golf courses that's, certainly, a great resume for you. So, just in your opinion, this is a municipal course and believe me I understand the headaches that come with them certainly from a Council perspective. I hear from citizens, in fact, the other day, at District 3, listening series with the Police Chief and Councilman Griffith, I had a couple come to me, and say they loved the course, it's great. They said they play it once a week. That people are interested in a membership. So, I will tell you, there are people that are not here speaking, because they say we're not going to that circus at City Council over this issue. We're retired and we need things to do for our seniors and we want to golf. These are avid golfers asking for this. Asking us don't cave to a few political pressures, we need golf in Baytown. They had two courses and then went to zero, now we have this course that does offer 18 tee boxes, 18 holes, and they said, we need golf in Baytown. It's a great course. They like it more than other courses that I was actually surprised about personally. So, I was really taken back. A lot of people approach me on this. They're not going to come here to Council, I can tell you that now, but they're interested in membership. That's why I wanted to ask you if there's something that could be considered for that. I will say your golf is very affordable from the pricing I've seen. The restaurant, it looks great, it needs to be finished. What I'm hearing from others in a sense, pro forma, and from Staff that moving forward, once everything is built out that basically the course will sustain itself with food and beverage or what- ever other creativity of revenue streams you want to do with it, that it will support itself. For me, I know when I talked to my other Mayor peers, they have courses. They subsidize them a million dollars every year because their community demands them, right? If we can get to a place where we believe that's success. Financially, that's successful from what I know of municipal courses. So, I'm going to wish you the very best. I do want to go out there and play some more. It feels like the weather's getting better. So, hopefully, you'll see me around and I would suggest all of our citizens. If they want something to do, here's something to do because we get that all the time. Give me somewhere to shop and give me somewhere to do things, and this is one of them. So, I'll say it. I said it the other day, I'll say it again, golf in Baytown is good. Golf in Baytown is good and IT still stand by that." A motion was made by Council Member Mike Lester and seconded by Mayor Pro Tern Sarah Graham, by a show of hands to approve Ordinance No. 15,916. The vote was as follows: City Council Regular Meeting Minutes September 26, 2024 Page 17 of 32 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham and Council Member Mike Lester Nays: Council Member Kenrick Griffith and Council Member Jacob Powell Other: Council Member James Franco (Absent) Approved ORDINANCE NO. 15,916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A GOLF FACILITY MANAGEMENT AGREEMENT WITH TROON GOLF, LLC IN AN AMOUNT NOT TO EXCEED NINE -HUNDRED, SEVENTY-FOUR, FIVE -HUNDRED, FIFTY-THREE AND 441100 DOLLARS ($974,553.44); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Jacob Powell, stated, "Mr. Mayor, can 1 make one comment following that vote. I could read the room. I had a feeling I knew which way that was going. But I just want to make one more comment. This wasn't really about Troon, this is more philosophical in nature. But, I've been asked before, when a vote doesn't go my way, do I get upset? And the answer is, no, I really don't because this is government. I mean, you win some, you lose some. So, I just wanted to say publicly I do think we have a lot of people in town that would love to see you fail for the sake of an "I told you so", I'm not one of those people. Like I said, you win some votes, you lose some votes but I think if you fail, all of Baytown fails, right? This is the will of the Council so I want to wish you the best and I hope you're very successful. Thank you." Council Member Kenrick Griffith, stated, "I don't want repeat that statement, but ditto. I wouldn't say anything with Baytown that had to do with Baytown, failing. I just felt that in my conscience. I thank staff, I thank you guys for sticking with us. I'm sure you've all been put in a precarious situation over the last six months and everyone has handled it with a lot of grace, it seems like. So, I just want to wish you all the best and do us proud. All right." b. Consider an ordinance authorizing Amendment No. 17 to the Interlocal Agreement with Harris County Transit for Public Transportation Services in the City of Baytown. City Attorney Scott Lemond provided a brief summary regarding Item 7.b., Amendment No. 17 to the Harris County Transit. City Manager Jason Reynolds gave a detailed summary regarding the increase and benefits asso- ciated with maintaining the Harris County Transit for Public Transportation Services Agreement. Council Members provided their opinions and recommendations to potentially replace or lower related cost for public transportation in the City of Baytown. City Council Regular Meeting Minutes September 26, 2024 Page 18 of 32 A motion was made by Council Member Laura Alvarado and seconded by Council Member Kenrick Griffith to approve Ordinance No. 15,917 The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member James Franco (Absent) Approved ORDINANCE NO. 15,917 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING AMENDMENT NO.17 TO THE IN- TERLOCAL AGREEMENT WITH HARRIS COUNTY FOR PUBLIC TRANSPORTATION SERVICES IN THE CITY OF BAYTOWN; AU- THORIZING PAYMENT TO HARRIS COUNTY IN AN AMOUN NOT TO EXCEED FOUR HUNDRED TEN THOUSAND AND NO 100 DOL- LARS ($410,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Professional Services Agreement with Master- son Advisors LLC to provide consulting services for Project Vector. Economic Development Manager Brian Moran, provided an overview regarding Item 6.c., Agree- ment for consulting services. A motion was made by Mayor Pro Tern Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,918 The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Council Member Mike Lester Nays: Other: Council Member James Franco (Absent) Approved City Council Regular Meeting Minutes September 26, 2024 Page 19 of 32 ORDINANCE NO. 15,918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE AGREEMENT FOR CONSULT- ING SERVICES WITH MASTERSON ADVISORS LLC AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Professional Services Agreement with Mas- terson Advisors LLC for financial advisory services. Economic Development Manager provided a summary regarding Item 6.d., Agreement for fi- nancial advisory services. A motion was made by Mayor Pro Tem Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,919 The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member James Franco (Absent) Approved ORDINANCE NO. 15,919 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE AGREEMENT FOR FINANCIAL SERVICES WITH MASTERSON ADVISORS LLC AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. a. Consider a resolution nominating a representative to serve on the Board of Directors of the Harris Central Appraisal District. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to approve nomination of Mike Sullivan for the Harris Central Appraisal District, Resolu- tion No. 2944. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member James Franco (Absent) Approved RESOLUTION NO. 2944 City Council Regular Meeting Minutes September 26, 2024 Page 20 of 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, NOMINATING A CANDIDATE TO BE PLACED ON THE BALLOT FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS CENTRAL APPRAISAL DISTRICT; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution suspending Article 4, "Types of Meetings"; Section 4.1 "Regu- lar Meetings" of the City of Baytown City Council Rules of Procedure for the purpose of canceling the October 10, 2024 City Council Meeting. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura Alvarado to approve Resolution No. 2945 The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member James Franco (Absent) Approved RESOLUTION NO. 2945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, SUSPENDING ARTICLE 4 "TYPES OF MEETINGS"; SECTION 4.1 "REGULAR MEETINGS" OF THE CITY OF BAYTOWN CITY COUNCIL RULES OF PROCEDURE AND CANCELING THE CITY COUNCIL MEETING SCHEDULED FOR OCTOBER 10, 2024; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob Powell to approve Consent Agenda Items 8.a., through 8.z. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes September 26, 2024 Page 21 of 32 Nays: None Other: Council Member James Franco (Absent) Approved a. Consider a resolution authorizing the City of Baytown to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program on behalf of the Police Department. RESOLUTION NO.2946 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM, FY2024 LOCAL SOLICITATION ON BE- HALF OF THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED TWENTY-TWO THOUSAND FOUR HUNDRED TWENTY-EIGHT AND NO.,100 DOLLARS ($22,428.00); DESIGNAT- ING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the purchase of library digital publications and ancillary services from Overdrive, Inc. ORDINANCE NO. 15,920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND AND NOA00 DOLLARS ($50,000.00) TO OVERDRIVE, INC. FOR THE SOLESOURCE PUR- CHASE OF LIBRARY DIGITAL PUBLICATIONS AND ANCILLARY SERVICES FOR THE STERLING MUNICIPAL LIBRARY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the award of the Parks & Right of Way Mowing Contract to Grant Smith Mowing. ORDINANCE NO. 15,921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ACCEPTING THE BID OF GRANT SMITH MOWING, City Council Regular Meeting Minutes September 26, 2024 Page 22 of 32 INC., FOR THE ANNUAL PARKS & RIGHT OF WAY MOWING CON- TRACT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH GRANT SMITH MOWING, INC., FOR THE ANNUAL PARKS & RIGHT OF WAY MOWING CONTRACT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF THREE HUNDRED FIFTY-TWO THOUSAND TWO HUNDRED FIFTY-FIVE AND NO..' 100 DOLLARS ($352,255.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the award of the Annual Janitorial Supplies Con- tract to Imperial Bag & Paper LLC, using the cooperative purchasing group, TIPS -USA. ORDINANCE NO. 15,922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ACCEPTING THE BID OF IMPERIAL BAG & PAPER CO LLC, FOR THE ANNUAL JANITORIAL SUPPLIES CONTRACT THROUGH COOPERATIVE PURCHASING AGREEMENTS WITH THE INTERLOCAL PURCHASING SYSTEM (TIPS), AND THE DE- PARTMENT OF TEXAS REGION 8 EDUCATION SERVICE CENTER (ESC) CONTRACT #240402; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUN- DRED TWENTY THOUSAND AND NO.100 DOLLARS ($120,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the first renewal of the Annual Parks Janitorial Contract with Del Sol Group LLC. ORDINANCE NO. 15,923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE FIRST RENEWAL OF THE CON- TRACT WITH DEL SOL GROUP, LLC, FOR THE ANNUAL AS - NEEDED PARKS AND RECREATIONAL FACILITIES CLEANING AND JANITORIAL SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIVE THOUSAND FIVE HUNDRED TWO AND 121100 DOLLARS ($305,502.12); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance authorizing the first renewal of the Annual Lawn Mainte- nance and Landscape Services Contract with NeoGlobal Enterprises, LLC, dlbla Horticare Landscape Management and Yellowstone Landscape. City Council Regular Meeting Minutes September 26, 2024 Page 23 of 32 ORDINANCE NO. 15,924 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, RENEWING NEOGLOBAL ENTERPRISES, LLC D/B/A HORTICARE LANDSCAPE MANAGEMENT AND YELLOW - STONE LANDSCAPE'S ANNUAL LAWN MAINTENANCE AND LANDSCAPE SERVICES CONTRACT, AND AUTHORIZING PAY- MENT IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUN- DRED FORTY-TWO THOUSAND FIVE HUNDRED SEVENTEEN AND 591100 DOLLARS ($1,142,517.59); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. g. Consider an ordinance authorizing the award of the Annual Exterminating Contract with Cypress Creek Pest Control of Texas. ORDINANCE NO. 15,925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ACCEPTING THE BID OF CYPRESS CREEK PEST CONTROL OF TEXAS, LLC, FOR THE ANNI.AL EXTERMINATING CONTRACT; AUTHORIZING AND DIRECTING THE CITY MAN- AGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CON- TRACT WITH CYPRESS CREEK PEST CONTROL OF TEXAS, LLC, FOR ANNUAL EXTERMINATING CONTRACT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF NINETEEN THOUSAND EIGHT HUNDRED FORTY-SEVEN AND NO100 DOLLARS ($19,847.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of twenty-one (21) Chevrolet vehi- cles and related emergency equipment with installation from Reliable Chevrolet, through the Sheriffs Association of Texas. ORDINANCE NO. 15,926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE MILLION SIX HUNDRED SIXTEEN THOUSAND THREE HUNDRED NINETY- FIVE AND 21/100 DOLLARS ($1,616,395.21) TO RELIABLE CHEV- ROLET FOR THE PURCHASE OF TWENTYONE (21) 2024 CHEVRO- LET TAHOES FOR THE BAYTOWN POLICE DEPARTMENT, THROUGH THE NONPROFIT SHERIFFS' ASSOCIATION OF TEXAS COOPERATIVE VEHICLE PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2024 Page 24 of 32 i. Consider an ordinance authorizing the purchase of one (1) forty-four (44') Haz-Mat command trailer for the Fire Department. ORDINANCE NO. 15,927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ACCEPTING THE BID OF K SOLV TRAILER LLC DOING BUSINESS AS TURNKEY INDUSTRIES, FOR THE PUR- CHASE OF A FORTY-FOUR (44') FOOT HAZ-MAT COMMAND TRAILER; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH K SOLV TRAILER LLC DOING BUSINESS AS TURNKEY IN- DUSTRIES, FOR THE PURCHASE OF THE HAZ-MAT COMMAND TRAILER; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF EIGHT HUNDRED FORTY-FIVE THOUSAND SIX HUNDRED AND NO1100 DOLLARS ($845,600.00); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. j. Consider an ordinance authorizing funding for the continued engagement of Olson & Olson, L.L.P., for litigation and general legal matters. ORDINANCE NO. 15,928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING FUNDING FOR THE CONTINUED ENGAGEMENT OF OLSON & OLSON, L.L.P., IN THE FISCAL YEAR ENDING SEPTEMBER 30, 2025 FOR LITIGATION AND GENERAL LEGAL MATTERS IN AN AMOUNT NOT TO EXCEED TWO -HUN- DRED THOUSAND AND NO' 100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing funding for the engagement of Husch Blackwell LLP to advise on economic development, litigation, and general legal matters. ORDINANCE NO. 15,929 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING FUNDING FOR THE CONTINUED ENGAGEMENT OF HUSCH BLACKWELL, L.L.P., IN THE FISCAL YEAR ENDING SEPTEMBER 30, 2025 FOR ECONOMIC DEVELOP- MENT, LITIGATION, AND GENERAL LEGAL MATTERS IN AN AMOUNT NOT TO EXCEED TWO -HUNDRED, FIFTY -THOUSAND AND NO;'100 DOLLARS ($250,000.00); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2024 Page 25 of 32 1. Consider an ordinance authorizing a professional services agreement with Holmes Murphy and Associates, LLC. to provide certain health benefits and welfare consulting ser- vices for the City's health and wellness plans. ORDINANCE NO. 15,930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HOLMES, MURPHY & ASSOCIATES, LLC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND NOi I00 DOL- LARS ($40,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. M. Consider an ordinance authorizing payment to CorVel Corporation as the third - party administrator (TPA) of the City of Baytown's workers' compensation claims. ORDINANCE NO. 15,931 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING THE CITY TO PAY CORVEL COR- PORATION AS THE THIRDPARTY ADMINISTRATOR (TPA) OF THE CITY OF BAYTOWN'S WORKERS' COMPENSATION CLAIMS IN AN AMOUNT NO TO EXCEED FOUR HUNDRED TWENTY-NINE THOUSAND AND NO.' 100 DOLLARS ($429,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing the annual renewal of NeoGov Software with Carahsoft Technology Corp through the OMNIA Partners Texas Region 4 Education Ser- vice Center Contract # R101902. ORDINANCE NO. 15,932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING THE ANNUAL RENEWAL OF THE NEOGOV SOFTWARE CONTRACT WITH CARAHSOFT TECHNOL- OGY CORP., THROUGH COOPERATIVE PURCHASING AGREE- MENTS WITH OMNIA PARTNERS AND THE INTERLOCAL PURCHASING SYSTEM (TIPS), THROUGH REGION 4 EDUCATION SERVICE CENTER (ESC) CONTRACT #R191902, AND AUTHORIZ- ING PAYMENT NOT TO EXCEED ONE HUNDRED TWO THOU- SAND SEVEN HUNDRED THIRTY-FIVE AND 33i 100 DOLLARS ($102,735.33); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2024 Page 26 of 32 o. Consider an ordinance authorizing the first renewal of the Annual Sulfur Dioxide Contract with PVS DX, Inc, fka, DXI Industries, Inc. ORDINANCE NO. 15,933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, RENEWING THE ANNUAL SULFUR DIOXIDE CON- TRACT WITH PVS DX, INC. FORMERLY KNOWN AS DXI INDUSTRIES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-NINE THOUSAND FOUR HUNDRED NINETY-SEVEN AND 501100 DOLLARS ($239,497.50); MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance approving the award of the Backwash Lagoon Sludge Re- moval Project to Branch Construction Group, LLC. ORDINANCE NO. 15,934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE BACKWASH LAGOON SLUDGE REMOVAL CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND BRANCH CONSTRUCTION GROUP, LLC, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance approving the hid award for the Annual Liquid Zinc Sodium Polyphosphate Contract to Shannon Chemical Corporation. ORDINANCE NO. 15,935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE ANNUAL LIQUID ZINC SODIUM POLYPHOSPHATE CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SHANNON CHEMICAL CORPORATION; AUTHORIZING PAYMENT TO SHANNON CHEMICAL CORPORA- TION IN AN AMOUNT NOT TO EXCEED THREE HUNDRED, TWENTY-EIGHT THOUSAND, THREE HUNDRED THREE AND 02.100 DOLLARS ($328,303.02); AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. r. Consider an ordinance approving the bid award for the Annual Liquid Sodium Hy- pochlorite Contract to Brenntag Southwest, Inc. City Council Regular Meeting Minutes September 26, 2024 Page 27 of 32 ORDINANCE NO. 15,936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE ANNUAL LIQUID SODIUM HY- POCHLORITE CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND BRENNTAG SOUTHWEST, INC.; AU- THORIZING PAYMENT TO BRENNTAG SOUTHWEST, INC. IN AN AMOUNT NOT TO EXCEED ONE HUNDRED, FORTY-SIX THOU- SAND, FIVE HUNDRED FORTY-SEVEN AND 77.100 DOLLARS ($146,547.77); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Consider an ordinance approving the bid award for the Annual Liquid Sodium Hy- droxide 25% and 50% Contract to Univar Solutions USA, LLC. ORDINANCE NO. 15,937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE ANNUAL TWENTY-FIVE PER- CENT (25%) AND FIFTY PERCENT (50%) LIQUID SODIUM HYDROXIDE CONTRACT BETWEEN THE BAYTOWN AREA WA- TER AUTHORITY AND UNIVAR SOLUTIONS USA, INC.; AUTHOR- IZING PAYMENT TO UNIVAR, INC. IN AN AMOUNT NOT TO EXCEED TWO HUNDRED, SIXTY-SEVEN THOUSAND, SEVEN HUNDRED, EIGHT -TWO AND 64.E 100 DOLLARS ($267,782.64); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider an ordinance approving the bid award for the Annual Liquid Cationic Pol- ymer Contract to Polydyne, Inc. ORDINANCE NO. 15,938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE ANNUAL LIQUID CATIONIC POLYMER CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND POLYDYNE, INC.; AUTHORIZING PAYMENT TO POLYDYNE, INC. IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED, EIGHTEEN THOUSAND, EIGHT HUNDRED, EIGHTY- EIGHT AND 40:' 100 DOLLARS ($418,888.40); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance approving the bid award for the Annual Liquid Hydrofluoro- silicic Contract to Shannon Chemical Corporation. City Council Regular Meeting Minutes September 26, 2024 Page 28 of 32 ORDINANCE NO. 15,939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE ANNUAL LIQUID HYDRO- FLUOROSILICIC CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SHANNON CHEMICAL CORPORATION; AUTHORIZING PAYMENT TO SHANNON CHEMICAL CORPORA- TION IN AN AMOUNT NOT TO EXCEED FIFTY-SIX THOUSAND, FIVE HUNDRED TWELVE AND 65:100 DOLLARS ($56,512.65); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. V. Consider an ordinance approving the bid award for the construction contract to LEM Construction Company, Inc., for the Baytown Area Water Authority Raw Water Pump Re- habilitation Project. ORDINANCE NO. 15,940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, ACCEPTING THE BID OF LEM CONSTRUCTION COMPANY, INC., FOR THE BAYTOWN AREA WATER AUTHORITY ("BAWA") RAW WATER PUMP REHABILITATION PROJECT AT THE FRITZ LANHAM WATER TREATMENT PLANT; AUTHORIZ- ING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH LEM CONSTRUC- TION COMPANY, INC., FOR SAID PROJECT; AUTHORIZING PAY- MENT NOT TO EXCEED THE SUM OF TEN MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND EIGHT HUNDRED FIFTY AND NO/100 DOLLARS ($10,845,850.00); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. W. Consider an ordinance approving the bid award for the Annual Liquid Ferric Chlo- ride 40% Contract to PVS Technologies, Inc. ORDINANCE NO. 15,941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE ANNUAL LIQUID FERRIC CHLO- RIDE (40%) CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PVS TECHNOLOGIES, INC.; AUTHORIZING PAYMENT TO PVS TECHNOLOGIES, INC. IN AN AMOUNT NOT TO EXCEED FIVE -HUNDRED, EIGHTY-FOUR THOUSAND FIVE HUN- DRED THIRTY-FIVE AND 04.100 DOLLARS ($584,535.04); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2024 Page 29 of 32 X. Consider an ordinance authorizing payment to Cummins Southern Plains LLC, for emergency generator repair service at the East District Wastewater Treatment Plant, using the Sourcewell Cooperative Purchasing Program. ORDINANCE NO. 15,942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, AUTHORIZING THE PAYMENT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND NINE HUNDRED TWENTY- ONE AND 51/100 DOLLARS (S130,921.51) TO CUMMINS SOUTH- ERN PLAINS LLC, THROUGH THE PURCHASING COOPERATIVE SOURCEWELL, CONTRACT 4092222, FOR EMERGENCY GENERA- TOR REPAIR SERVICE AT THE EAST DISTRICT WASTEWATER TREATMENT PLANT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Y. Consider an ordinance approving the bid award for the Annual Liquid Ammonium Sulfate 40% Contract to Chemtrade Chemicals US, LLC. ORDINANCE NO. 15,943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE ANNUAL LIQUID AMMONIUM SULFATE (40%) CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND CHEMTRADE CHEMICALS US, LLC; AUTHORIZING PAYMENT TO CHEMTRADE CHEMICALS US, LLC IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-NINE THOUSAND, FOUR HUNDRED, ELEVEN AND 80'100 DOLLARS ($139,411.80); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Z. Consider an ordinance approving the bid award for the Annual Liquid Chlorine Con- tract to PVS DX, Inc. ORDINANCE NO. 15,944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN, TEXAS, APPROVING THE ANNUAL LIQUID CHLORINE CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHOR- ITY AND PVS DX, INC.; AUTHORIZING PAYMENT TO PVS DX, INC. IN AN AMOUNT NOT TO EXCEED FOURHUNDRED, THIRTY- EIGHT THOUSAND, SIX -HUNDRED DOLLARS ($438,600.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2024 Page 30 of 32 9. MANAGER'S REPORT City Manager Jason Reynolds presented the Manager's Report: • Public Works and Engineering o Danielle Caine received her Project Management Professional Certification from the Project Management institute on September 21, 2024. Congratu- lations, Danielle. • Police Department The Baytown Police Department will be hosting National Night Out once again at the Baytown Town Square on Tuesday, October 1, 2024 from 5:30 p.m. to 8:30 p.m., please come out. Let's have a good time. o Write in as a citizen who was stopped for a traffic violation, took the time to write a compliment for the professionalism exhibited by Officer High- tower. The citizen's narrative is brief, but it speaks volumes. "Each interac- tion like this is a deposit of leadership capital with our community. We hope we never have to withdraw that deposit, but it's there when we need it." So, good stuff, Chief. o Baytown Police Department Police Academy staff provided exceptional in- service training for myself and several other members of the Pasadena Po- lice Department on August 29" and 30`h , 2024, and again on September 30, 2024. Detective Melvin LIoyd demonstrated that he has expertise, experi- ence, and exceptional knowledge in this area. Furthermore, Detective Lloyd demonstrated enthusiasm for the subject matter and his commitment to teaching was apparent to all who attended this training. o MP Jackson mailed in, "I graduated from The Baytown Police Academy along with Officer Bobby Paulk on June 3rd, 1977," and just a quick tan- gent, we recently had an honored share of service for Officer Paulk who was killed, while serving the Baytown Police Department and it is pretty fantastic to have something like this pop up in a letter. and this individual was in the class with Officer Paulk. 1 just want to say thank you to this individual for sending something like this and writing in and saying, thank you, telling me how great our staff is, and then just providing a little me- mento that just means a lot, especially coming on the heels of the overture, and just pass that on, Chief. I thought it was pretty fantastic and it's always great to see staff, especially hairstyles from the year I was born. • It is our understanding regarding the disannexation, Council is notable to disannex individuals' properties according to the Texas Local Government Code, as this is not in the City's Charter. 10. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Kenrick Griffith regarding projects, pro- grams and events in District No. 6. Council Member Jacob Powell reported the current projects, programs and events of District 6: City Council Regular Meeting Minutes September 26, 2024 Page 31 of 32 • Public Works & Engineering o Asphalt Rehab of Walker, McPhail, Cline, Anderson, and Singleton to be completed by mid -November. o Working on replacement of manholes on Barkuloo Road at E Baker. Work should be completed by the end of next week. o Bay Oaks Harbor Street and Drainage Improvement Project is approxi- mately 80% complete and ahead of schedule. Paving work continues along Flamingo Bright and Egret Canal. The project should be substantially com- plete in October. • Planning & Development c, 2610 N Alexander- GCCISD new conference center Under inspections approximately 60% complete. o 2400 Massey Tompkins - New Convenience store and gas station Under inspections approximately 30% complete. 0 4008 N SH 146. - Cemex Office and maintenance building - Under inspec- tions approximately 25% complete. u, 3030 Ferry - COB East District Wastewater Treatment Plant New Admin Building - Under inspections approximately 30% complete. • Parks & Recreation • The Parks and Recreation Department recently hosted a Youth Sand Vol- leyball Clinic at District 6's Roseland Park. The clinic focused on funda- mental volleyball skills, including passing, serving, footwork, hitting, and court positions. Participants also enjoyed fun volleyball games and had the chance to scrimmage in a competitive setting. • The Clubhouse at Roseland Park has also seen an increase in rentals from July through September. Over that span, the facility has hosted 25 rentals that range from community meetings, repasses, church gatherings, ban- quets, baby showers, and birthday parties. On average, the clubhouse hosted about eight rentals each month, making it a popular destination for commu- nity events. For rental information, visit Baytown.org. • Health Department o Health Department held a public clean up ■ 40 cubic yard roll -offs ■ collected 29 tires approximately 50 people that participated in that event They had a number of vehicles go through and I know those events are well received in the general communities where they are. It's an opportunity for people to get stuff out of their yards and out of their garages, that they don't normally have the opportunity to do. I know it's well received and I appreciate the Health Department's effort in doing that. 11. EXECUTIVE SESSION City Council Regular Meeting Minutes September 26, 2024 Page 32 of 32 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. At 8:20 P.M., Mayor Brandon Capetillo recessed and convened into an Executive Session. At 9:08 F.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 Ses- sion. 12. ADJOURN With there being no further business to discuss, Mayor Brandon Capetillo adjourned the September 26, 2024 Regular City Council Meeting at 9:08 P.M. '. • tT(i )F' L__L� e r Angela Ja son, City lerk�• - 4s �r City of Baytown koj;�}e., �Co i Q.QM lw EXHIBIT "B" jok RESOLUTION PIEDMONT APARTMENTS ACQUISITION / REHAB 7510 Decker Dr, Baytown, TX PIEDMQNT APARTMENTS Support Items: • SeekirdaCityof Baytown ResakRion of No Objection • A ResokRion of No Objectionis required by the Texas Department of Housing and CdnnxaAty Affa�s (TOHCA) in connection with an application for Hating Tax Creditsand Tax Exempt Bonds (mew finandngfor the wcvernl • Acq I Rehab is a oiatomary transaction for HTC properties that hate exoeeded their 15 yeartompGance period to improve the asset -a , and qualityof life for residents PIEDMONT APARTMENTS PROPERTY DETAILS Units: 250 Acres: 16.24 Population: General Avg. Unit SF: t031 Year Bunt: 200S Net Rentable Area: 258.024 SF Unit Mix:1BR j52), 2BR (112),and 3 0mnpanKy 99% BR{g6j Avg. Monthly Rental Rate. $1,136 Curnmunft Amenities: Pool, outdoor grills, fitness cents , playground AfFordablity:All units Priced at 60% AMI Unit Features: Privateentrygaraaes, H/C units, W/o connections, patios Flood History: None Finishes: Masonry exterior, crown Total project Cost $39,80Q564 molding, woogltge Floors in living spaces PIEDMONT APARTMENTS ACQUISITION I REHAB Before After 12 monthreha ntation expected to begin Q12025 scopeof utork includes: • New roofs for all twenty-five buildings • Full HYAC update • Amenity Center updates Appliance upgrades • Unit interiorvpdates,including vinyl flooringand kitdnen remodel • lancimping improvements RdooUoe Plan: • No oB-prop"or permanent relocation is expected • All work Will be oompletedwhile units are occupied, only requiring temporaryrelocations to'hotel units• L