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[ CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 14, 2021 6:30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Heather Betancourth, District No. Four]

[00:00:07]

AND I'LL CALL THIS MEETING WITH THE BAYTOWN CITY COUNCIL TO ORDER.

IT IS, UH, THURSDAY, OCTOBER 14TH.

IT IS SIX 30 ON THE DOT.

UH, HERE AT COUNCIL CHAMBERS, WE WILL BE LED IN OUR PLEDGE AND INVOCATION BY COUNCIL MEMBER HEATHER URT.

IF YOU'LL PLEASE STAND, PLACE YOUR HAND OVER YOUR HEART AND SAY THE PLEDGE WITH ME.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE RULE.

AND NOW THE TEXAS FLAG ON THE TEXAS FLAG, ALLEGEDLY ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

IF YOU'LL PLEASE BOW YOUR HEADS IN PRAYER.

HEAVENLY FATHER, WE COME TO YOU TODAY ASKING FOR YOUR GUIDANCE, WISDOM, AND SUPPORT.

AS WE BEGIN THIS MEETING, HELP US ENGAGE IN MEANINGFUL DISCUSSION.

ALLOW US TO GROW CLOSER AS A GROUP AND NURTURE THE BONDS OF COMMUNITY.

PLEASE PROTECT OUR POLICE, FIRE AND EMS AS THEY SERVE OUR CITIZENS.

WE ASK FOR SUCCESSFUL OUTCOMES FOR THE BETTERMENT OF OUR CITY.

WE ASK THIS IN YOUR SON'S NAME.

AMEN.

AMEN.

THANK YOU.

ALL

[1. MINUTES]

RIGHT, SO WE HAVE ITEM ONE A, CONSIDER APPROVING THE MENACE OF THE BAYTOWN CITY COUNCIL SPECIAL MEETING HELD ON ON SEPTEMBER 2ND, 2021.

I'D ENTERTAIN A MOTION FOR APPROVAL.

MOTION TO APPROVE SECOND MOTION.

SECOND.

ANY QUESTIONS, COMMENTS, OR ABSTENTIONS? IF NOT ALL THOSE IN FAVOR OF ITEM ONE A IS PRESENTED, PLEASE SAY AYE.

AYE.

AYE.

ALL THOSE OPPOSED.

ITEM ONE B, CONSIDER APPROVING OF THE MINUTES FROM THE COUNCIL WORK SESSION.

AND WE'RE GONNA MEETING HELD ON SEPTEMBER 9TH, 2021.

I'D ENTERTAIN A MOTION FOR APPROVAL.

MOTION TO APPROVE.

SECOND, WE HAVE A MOTION AND A SECOND.

ANY QUESTIONS, COMMENTS, OR ABSTENTIONS? IF NOT ALL THOSE IN FAVOR OF ITEM ONE B IS PRESENTED, PLEASE SAY AYE.

AYE.

POST.

ALL RIGHT.

LET'S SEE HERE.

LET ME GATHER A FEW THINGS.

OKAY.

[a. Consider an ordinance for the second reading of the proposed annexation of approximately 23.39 acres of land in Harris County, Texas, including 20.82 acres of privately-owned land along Thompson Road North of Ellis School Road, along with approximately 2.57 acres being the entire width of Thompson Road right-of-way extending North approximately 1,879 feet from the current city limits to the northern end of the subject property.]

[b. Consider an ordinance adding the newly annexed properties generally described as approximately 23.39 acres of land in Harris County, Texas, including 20.82 acres of privately-owned land along Thompson Road North of Ellis School Road, along with approximately 2.57 acres being the entire width of Thompson Road right-of-way extending North approximately 1,879 feet from the current city limits to the northern end of the subject property into Council District No. 3.]

SO WE MOVE ON TO ITEM UH, TWO A.

CONSIDER AN ORDINANCE FOR THIS.

UH, SECOND READING OF THE PROPOSED ANNEXATION OF APPROXIMATELY 23.39 ACRES OF LAND IN HARRIS COUNTY, TEXAS, INCLUDING 20.82 ACRES OF PRIVATELY OWNED LAND ALONG THOMPSON ROAD, NORTH OF ELLIS SCHOOL ROAD, ALONG WITH APPROXIMATELY 2.57 ACRES BEING THE ENTIRE WIDTH OF THOMPSON ROAD RIGHT AWAY, EXTENDING NORTH APPROXIMATELY 1,879 FEET FROM THE CURRENT CITY LIMITS TO THE NORTHERN END OF THE SUBJECT PROPERTY.

YES, MS. LINDER.

GOOD EVENING.

UH, FRANCESCA LINDER PLANNING AND DEVELOPMENT SERVICES DEPARTMENT.

SO ITEMS TWO A THROUGH 2D ARE ALL RELATED.

THEY'RE ALL FOR THE ANNEXATION AND ZONING OF A SUBJECT PROPERTY THAT'S NEAR, UH, EXCUSE ME, NORTH OF ELLIS SCHOOL ROAD AND, UH, EAST OF THOMPSON ROAD.

THIS FIRST ITEM IS FOR THE SECOND READING OF THE ANNEXATION.

THIS IS THE FINAL STEP IN THE VOLUNTARY ANNEXATION OF THIS PROPERTY.

THE SECOND ONE WILL PLACE IT IN THE COUNCIL DISTRICT.

AND FINALLY, C AND D WILL, UH, ADDRESS THE ZONING OF THE PROPERTY.

SO THE SUBJECT PROPERTY IS A TOTAL OF 23.39 ACRES, AND THAT DOES INCLUDE THOMPSON ROAD RIGHT AWAY CONTINUING FROM ITS CURRENT, UM, END TO THE NORTH OF THIS PROPERTY, WHICH IS ACROSS FROM BAA.

UH, THE APPLICANT IS INTERESTED IN DEVELOPING, UH, THIS PROPERTY INTO AN APPROXIMATE 250,000 SQUARE FOOT WAREHOUSE AND OFFICE BUILDING.

UM, THIS COUNCIL HAS PREVIOUSLY HELD TWO PUBLIC HEARINGS FOR THE VOLUNTARY ANNEXATION, AND I'M HAPPY TO ANSWER ANY QUESTIONS.

OKAY.

DO WE HAVE ANY QUESTIONS FOR MS. LINDER? IF NOT, UH, IF I MAY ASK, UH, CAN WE COMBINE ITEMS TWO A AND B? IT LOOKS LIKE, IS THAT POSSIBLE? WE NEED TO OPEN AND CLOSE THE PUBLIC HEARING NEXT TIME.

OKAY, SO I HAVE, WELL, FOR ITEM TWO A, HAVE AN ORDINANCE.

OH, A READING.

BUT THAT'S WHY I WOULD C AT THE PUBLIC HEARING.

I KNOW WE CAN'T DO THAT.

THAT WOULD BE CORRECT.

SO, A, B, A AND B'S.

OKAY.

ALRIGHT.

SO I'D ENTERTAIN A MOTION PRIOR FROM, UH, COUNCIL MEMBER, UM, JOHNSON JOHNSON FOR, UH, ITEM TWO A AND B, MOTION TO APPROVE ITEMS TWO A AND B.

CAN I GET A SECOND? SECOND MOTION? UH, SECOND.

UM, ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR OF ITEMS TWO A AND B AS PRESENTED, PLEASE SAY AYE.

AYE.

A.

ALL THOSE OPPOSED? OKAY.

ITEM

[c. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 20.82 acres, generally located east of Thompson Road and north of Ellis School Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.]

CARRIES.

WE NOW MOVE ON TO OUR PUBLIC HEARING, WHICH IS ITEM TWO C.

THE PUBLIC HEARINGS TODAY ARE BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO EXPRESS THEIR VIEWS REGARDING THE SUBJECT OF PUBLIC HEARING OF THE PUBLIC HEARINGS.

EVERYONE DESIRED TO BE A PART OF TODAY'S HEARING SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED THE CITY CLERK PRIOR TO THE POSTED TIME OF THIS

[00:05:01]

MEETING.

EACH PARTICIPANT SHALL GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THESE HEARINGS.

THE RULES ALLOW EACH PERSON THREE MINUTES TO PRESENT INFORMATION.

HOWEVER, I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE.

IF YOU'RE A GROUP OF PERSONS WISHING TO ADDRESS THE COUNCIL ON THE SAME SUB SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT THE INFORMATION.

AND IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME.

SO WE HAVE ITEM, UH, TWO C CONDUCT A PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE OFFICIALS ZONING MAP TO REZO APPROXIMATELY 20.82 ACRES.

GENERALLY LOCATED EAST OF THOMPSON ROAD AND NORTH OF ELLIS SCHOOL ROAD FROM AN OPEN SPACE RECREATIONAL ZONING DISTRICT TO A GENERAL COMMERCIAL ZONING DISTRICT.

IT IS NOW 6:35 PM AND I'LL CALL TO ORDER THIS PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 20.82 ACRES.

GENERALLY LOCATED EAST OF THE THOMPSON ROAD AND NORTH OF ELLI SCHOOL ROAD FROM AN OR ZONING TO A GC ZONING DISTRICT.

I'LL NOW LIKE STAFF, UH, TO SUMMARIZE THE SUBJECT MATTER OF THIS PUBLIC HEARING.

OKAY.

SO THIS IS FOR THE SAME AREA, UM, THAT WE JUST PREVIOUSLY DESCRIBED.

UH, THEY HAVE APPLIED FOR GENERAL COMMERCIAL, UM, AND AS STATED, THEY ARE LOOKING TO DEVELOP A, UH, WAREHOUSE AND OFFICE BUILDING.

UH, THE PLANNING AND ZONING COMMISSION HELD TWO PUBLIC HEARINGS ON THIS IN THEIR REGULAR MEETINGS IN AUGUST AND SEPTEMBER.

UM, BOTH STAFF AND, UH, THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL OF THE PROPERTY.

WE DO FIND THAT IT COMPLIES WITH THE FLUKE, AND AS YOU CAN SEE HERE, TO THE SOUTH AND TO THE WEST OF THE PROPERTY, UH, WHICH IS BAWA, THEY ARE ALREADY ZONED GENERAL COMMERCIAL.

AND I'M HAPPY TO ANSWER ANY OTHER QUESTIONS YOU HAVE.

OKAY.

DO WE HAVE ANY QUESTIONS FOR STAFF? I DO.

YES, SIR.

AS FAR AS THE BUFFER, WHAT IS GONNA BE REQUIRED FOR THE BUFFER? SO A BUFFER IS ONLY REQUIRED FOR PROPERTY THAT'S INSIDE CITY LIMITS.

MM-HMM .

THE PROPERTY, UH, TO THE EAST, UH, IS GONNA BE THAT DRAINAGE CANAL, UH, CHIP CANAL, AND IT'S, UH, I BELIEVE ABOUT 120 FEET.

SO IT ALREADY PROVIDES A PRETTY WIDE BUFFER THERE.

UM, AND THEN FURTHER EAST, OF COURSE, THAT NEIGHBORHOOD IS OUTSIDE OF CITY LIMITS, UM, TO THE SOUTH OF THE PROPERTY THAT'S OUTSIDE OF CITY LIMITS.

IT'S ALREADY A SUBSTATION, AN INDUSTRIAL FACILITY TO THE NORTH OF THIS PROPERTY.

IT'S ALSO AN INDUSTRIAL FABRICATOR.

OKAY.

ANY ADDITIONAL QUESTIONS OR COMMENTS? IF NOT, WE HAVE, UM, MR. S STERNBERG HAS SIGNED UP TO SPEAK ON ITEM TWO C, SO YOU'D LIKE TO COME TO THE PODIUM.

UH, MR. MAYOR, COUNCIL MEMBERS BYRON BECK, 47 27 BLACKSTONE STREET.

UM, I'M SPEAKING IN GENERAL ON THIS AND A LOT OF THINGS ON THE VERY PACKED AGENDA TONIGHT.

UH, BUT I'LL, I'LL TRY AND WRAP EVERYTHING UP JUST TO BE BRIEF, UM, SO I DON'T HAVE TO SIGN UP ON EVERYTHING.

UH, FIRST OF ALL, I'D LIKE TO SAY, UH, OUTSIDE THERE'S STILL A 30 OUT SEVEN SIGN, WHICH THAT'S BEEN REPEALED THROUGH HB 1927.

I'M SURPRISED THAT COUNSEL HASN'T ADVISED YOU OF THAT.

UH, I WOULD RECOMMEND THAT YOU TAKE THAT DOWN.

I WILL BE PROVIDING NOTICE NEXT WEEK ON THAT SIGN TO YOU.

UM, THERE'S A LOT OF GREAT THINGS HAPPENING IN BAYTOWN, A LOT OF DEVELOPMENT.

I THINK EVERYBODY LIKES THAT.

EVERYTHING'S GREAT.

UH, I KNOW THAT THERE'S A LOT OF BALLS IN THE AIR THAT EVERYONE HAS TO JUGGLE.

I WOULD JUST CONSIDER THAT THERE'S ONLY SO MANY CHOKE POINTS THAT WE HAVE GOING NORTH AND SOUTH, AS YOU KNOW.

THAT'S WHAT WE'VE HAD AN ISSUE WITH.

AND, YOU KNOW, THOMPSON ROAD'S A GOOD ROAD FOR THAT.

UM, I'M KIND OF CONCERNED ABOUT, YOU KNOW, ADDITIONAL CONGESTION, YOU KNOW, GOING NORTH AND SOUTH, AND I KNOW WE HAVE CERTAIN OTHER PLANS THAT ARE GONNA HAPPEN, BUT ALSO ONCE WE HAVE GARTH ROAD UNDER THE NIGHTMARE CONSTRUCTION THAT'S COMING AND EVERYTHING, UH, YOU KNOW, I I'M MAINLY KIND OF CONCERNED ABOUT THAT.

AND, YOU KNOW, THERE'S SOME, SOME OTHER AREAS THAT WE'RE LOOKING AT DEVELOPING AND, YOU KNOW, I'LL DRIVE BY AND WE'LL, WE'LL SEE THE, THE WHITE SIGNS THAT BAYTOWN PUTS OUT, YOU KNOW, ABOUT HEARING NOTICES AND EVERYTHING, AND YOU CAN'T READ 'EM WHILE YOU'RE DRIVING BY.

UH, IF, IF YOU PULL OVER, YOU'RE GONNA RISK GETTING HIT TO READ A SIGN.

UM, I KNOW THINGS ARE POSTED OVER HERE, BUT GOING TO MY BIGGER POINT IS THIS HUGE AGENDA.

IT SEEMS TO BE FILLED WITH LET'S ANNEX, UH, VOLUNTARY ANNEXATION.

DO A DISTRICT, UH, DEVELOPMENT AGREEMENT, UH, DO A HANDOUT TO DEVELOPERS TO GET SOME INFRASTRUCTURE GOING.

UH, YOU KNOW, AND, AND IT'S ALMOST IMPOSSIBLE.

I'M SURE ALL OF YOU WOULD AGREE THAT I'M A FAIRLY INVOLVED CITIZEN.

I TRY AND DO MY BEST TO, TO BE AWARE OF WHAT'S GOING ON.

IT'S VERY DIFFICULT FOR US TO KEEP TRACK OF ALL THESE THINGS ON THERE.

BUT PLEASE KEEP IN MIND, UH, YOU KNOW, AS WE GO, UH, THE TRAFFIC FLOW AND HOW WE'RE GOING TO MOVE EVERYTHING AROUND AND MAYBE LOOK AT, ARE WE DOING TOO MUCH AND ARE WE DOING IT FOR THE RIGHT THING? THANKS.

ALRIGHT, THANK YOU.

ALRIGHT.

UH, THERE BEING NO

[00:10:01]

ONE ELSE DESIRING TO SPEAK.

SO NOW I'LL CLOSE THIS PUBLIC HEARING CONCERNING THE REQUEST TO AMEND THE OFFICIALS ZONING MAP TO RE OUR PROPERTY 20 POINT A TWO ACRES FROM, OR, UH, ZONING DISTRICT TO GENERAL COMMERCIAL ZONING DISTRICT.

[d. Consider an ordinance concerning a proposed amendment to the official zoning map to rezone approximately 20.82 acres, generally located east of Thompson Road and north of Ellis School Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.]

SO MOVE ON TO ITEM 2D.

CONSIDER AN ORDINANCE CONCERNING PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 20.82 ACRES, AS I ALREADY DESCRIBED, I'LL ENTERTAIN A MOTION FOR APPROVAL OF ITEM 2D.

MOTION TO APPROVE ITEM 2D.

THE MOTION IS SECOND.

SECOND THERE.

MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS? DO NOT.

ALL THOSE IN FAVOR OF ITEM 2D AS PRESENTED, PLEASE SAY AYE.

A AYE.

ALL THOSE OPPOSED.

ALRIGHT,

[a. Conduct a public hearing at 6:45 p.m. regarding the proposed adoption of a schedule of drainage charges for the City's Municipal Drainage Utility System.]

MOVE ON TO ITEM THREE A CONDUCT PUBLIC HEARING, UH, AT SIX.

UH, SO WE'RE GONNA MOVE ON TO, UM, I GUESS I'M GONNA GO

[a. Receive and discuss a presentation from San Jacinto Retail Associates, LLC, regarding the development of the San Jacinto Marketplace.]

AHEAD AND TAKE FOUR A THAT OKAY.

BECAUSE THIS IS ALL KIND OF BROKEN UP ANYWAY.

ALRIGHT.

SO, UH, ITEM FOUR A IS GONNA BE, RECEIVE AND DISCUSS A PRESENTATION FROM SANS JACINTO RETAIL ASSOCIATES, LLC, REGARDING DEVELOPMENT OF THE SAN JACINTO MARKETPLACE.

SO MR. DAVIS AND MR. HASSEN, I THINK, YOU KNOW, UH, MR. ALLEN HASEN FLU AND, UH, BEEN HERE, UH, A FEW TIMES OVER THE LAST SIX YEARS.

UH, GLENN ALO IS ALSO, UH, HERE, UH, THANK PARTNER IN THAT FIRM, AND WE'LL TURN SOME TIME OVER TO ALAN TO MAKE HIS PRESENTATION.

UH, THANKS FOR, UH, UH, FOR ALLOWING US TO BE HERE AND PRESENT ON OUR, ON OUR PLAN DEVELOPMENT FOR THE FORMER SAN JACINTO MALL.

WHAT WE'RE GOING TO NOW CALL THE SAN JACINTO MARKETPLACE.

UH, I HAVE GOOD NEWS TONIGHT.

UH, AFTER SIX AND A HALF YEARS OF SINCE WE BOUGHT THE PROPERTY, WE NOW OWN EVERY TRACT OF LAND.

UH, THAT'S, THAT COMPRISED THEM ALL.

AND THE LAST TWO HOLDOUTS, UH, HELD OUT FOR ABOUT FOUR YEARS, UH, FOR US TO BUY.

AND THAT'S THE, THE MACY'S TRACK AND THE JC PENNEY TRACK.

UH, WE HAVE BOTH OF THOSE TRACKS PURCHASED.

UH, LET'S SEE.

MACY'S HAS A RIGHT TO REMAIN UNTIL THE 7TH OF MARCH, AND JC PENNEY HAS A RIGHT TO REMAIN UNTIL THE 1ST OF FEBRUARY.

SO WE WILL HAVE THE LAND TOTALLY UNENCUMBERED.

AND WITH THE, UH, TWO TENDENCIES GONE AND THE MERCHANTS GONE OF THOSE TWO RETAILERS, UH, ON THE, ON THE 8TH OF MARCH, UH, WHAT WE, WHAT WE PLAN TO DO, AND, UH, AM I, IF I JUST HIT THE BUTTON, WORKS THAT, UH, NOPE.

OKAY.

SHOULD I? OKAY.

UH, TALIA KNOWS A LOT MORE ABOUT TECHNOLOGY THAN I DO, APPARENTLY, PUSHING THAT BUTTON.

AND, UH, WHAT YOU SEE ON THE SCREEN IS THE, WOULD BE A VIEW OF THE MIDDLE OF THE PROPERTY, OF THE RETAIL PORTION AS YOU'RE ON AN OBLIQUE AS YOU'RE STANDING OR HOVERING ABOVE GARTH ROAD.

AND THAT'S WHAT YOU SEE.

UH, THAT'S THE, UH, LOGO THAT WE PLAN TO USE THAT WE'VE MADE.

IT HAS THE SAN JACINTO MONUMENT, UH, THE BRIDGE AND, UH, AND THE DISTINCTIVE FEATURES THAT WE, UH, PUT FORWARD TO HAVE THIS PARTICULAR MONUMENT, UH, IN THIS PARTICULAR LOGO FOR SAN JACINTO MARKETPLACE.

IF YOU GO TO THE NEXT PAGE, UH, THIS WOULD BE, UH, A CENTRAL GREEN THAT, UH, THAT ENCAPSULATES, UH, THE AREA IN BETWEEN FOUR BUILDINGS FOR SHOPS AND RETAILERS AND RESTAURANTS.

AND WHAT WE INTEND AND HOPE OCCURS IS THAT WE HAVE CONTINUAL PARTICIPATION AND EVENTS THAT OCCUR AT THE SHOPPING CENTER AND THE RETAIL VENUE IN THE MIDDLE OF THE PROPERTY.

AND THAT WOULD BE HOW IT WOULD LOOK FROM AN OBLIQUE STANDPOINT WITH THOSE BUILDINGS.

UH, THIS WOULD BE AT THE GROUND LEVEL, JUST THE SIDEWALKS AND THE STREETSCAPE AND THE LANDSCAPE AS YOU WOULD LOOK INTO THE BUILDINGS FROM THE, UH, FROM THE FRONT, JUST OFF GARTH, UH, AND IN THE PARKING LOT LOOKING INTO THE GREEN.

UH, THIS WOULD BE A, THIS IS A, AN ELEVATION AND A RENDITION OF WHAT THE ANCHOR STORES WOULD LOOK LIKE, UH, WHICH WOULD BE AT THE REAR OF THE SMALL SHOP BUILDINGS.

AND YOU'LL SEE A LARGE, UH, PLAN IN JUST A MOMENT.

AND THESE ANCHOR FACILITIES WILL BE BETWEEN 88,000 FEET AT THE LARGEST AND ABOUT 10,000 FEET AT THE SMALLEST AND EVERYWHERE IN BETWEEN WITH A VARIETY OF MERCHANTS.

UH, THIS IS A, A SHOT FROM, UH, WHAT WOULD BE HUNT AND GARTH LOOKING BACK TO THE NORTHWEST THROUGH THE SHOPPING CENTER AND WHAT, HOW IT WOULD LOOK, UH, UH, FROM A LARGE SCALE, LOOKING AT ALMOST ALL THE BUILDINGS IN THE FRONT AND THEN TO THE ANCHORS IN THE REAR.

UH, THIS IS WHAT THE OLD MALL WAS.

AND THIS IS WHAT WE, UH, PURCHASED BACK IN 2015.

UH, WHAT IS, UH, LEFT TODAY AFTER THE DEMOLITION OF ABOUT THREE QUARTERS OF IT IS JUST THE MACY'S BUILDING AND THE JCPENNEY BUILDING AND THE

[00:15:01]

MALL PORTION IN BETWEEN THAT WE COULD NOT DEMOLISH UNTIL MACY'S AND PENNY'S, UH, LEAVE.

UH, WHAT WE'LL HAVE AT THIS, UH, 104 ACRES, AND THAT'S THE AMOUNT OF LAND THAT WE WILL OWN, THAT WE DO OWN TODAY IS 104 ACRES.

UH, WE'LL HAVE A 453,000 SQUARE FOOT RETAIL CENTER.

WE'LL HAVE TWO HOTEL TRACKS THAT WILL WIND UP SELLING TO HOTEL OPERATORS.

UH, WE'LL HAVE TWO OFFICE TRACKS, UH, THAT WE WILL PROBABLY WIND UP SELLING TO OFFICE OPERATORS.

AND THEN WE'LL HAVE, UH, RESIDENTIAL UNITS OF ABOUT, UH, SOMEWHERE AROUND 600 UNITS IN TWO PHASES, WHICH EQUAL ALL THE SHOPPING CENTER AND THE OTHER SPACE THAT WE HAVE IN TERMS OF SQUARE FEET, IT'S ABOUT 1,000,002 TO 1,000,003 SQUARE FEET OF THE, ON THE 104 ACRES.

UH, THIS IS JUST THE RESTAURANT, UH, THE, UH, RETAIL PORTION.

WHAT WE WERE LOOKING AT IN THESE EARLIER PHOTOS WOULD BE IF YOU'RE ON GARTH AND THE DEAD MIDDLE OF THE PROPERTY, LOOKING BACK INTO THAT CENTRAL GREEN, UH, YOU'LL SEE, UH, THESE, UH, UH, LET'S SEE, 10 BUILDINGS THAT ARE, AND, AND A COUPLE THAT ARE ON I 10.

ALL OF THOSE WOULD BE SMALL SHOP BUILDINGS.

THEY'RE ALL ABOUT 80 FEET DEEP AND THEY RANGE IN SIZE FROM 6,000 FEET TO ABOUT, UH, 16,000 FEET IN SIZE EACH OF THE BUILDINGS.

UM, WE HAVE, UH, NEGOTIATED WITH THE CITY THAT WE'LL HAVE A CERTAIN AMOUNT OF SQUARE FEET THAT WOULD BE SIT DOWN RESTAURANTS, AND I BELIEVE THAT'S 35,000, YEAH, 35,000 SQUARE FEET THAT WE WILL HAVE IN THIS, UH, AND THE PARTICULAR RETAIL PORTION OF IT.

AND, UH, WE ALSO HAVE SOME OTHER, UH, WHAT ARE THE OTHER, UH, REQUIREMENTS THAT WE HAD? WE HAD RESTAURANTS AND, UH, AND YEAH, IF YOU WANT TO YEAH, SURE, COMMENT ON THAT, GLEN.

SO IT'S, IT'LL BE 450,000 SQUARE FEET TOTAL RETAIL, AS ALAN SAID, THERE'S, UH, THE 35,000 SQUARE FEET OF, OF, UH, SIT DOWN RESTAURANTS.

I THINK IT'S PROBABLY EASIEST TO SEE.

YOU SEE THE, THE GREEN RIGHT IN THE, IN THE CENTER, THAT'S THE PELICAN GREEN.

AND YOU SAW THAT FROM GARTH IN THE ARCHITECTURAL RENDERINGS THAT WE HAD AT THE BEGINNING OF THE SHOW, THE SLIDESHOW.

BUT YOU ALSO SEE TWO GREEN SPACES TO THE NORTH AND THE, UH, AND THE SOUTH KIND OF ON THE BACK ROW.

THOSE ARE, UH, WHERE THE, UH, SIT DOWN RESTAURANTS ARE PLANNED TO BE.

SO THERE'S A TOTAL OF FOUR OF THEM WITH THE GREEN SPACE IN THE MIDDLE SO THAT, UH, FAMILIES AND COMMUNITY CAN COME OUT, HAVE, HAVE DINNER, AND ALSO ENJOY THE GREEN SPACE THERE, AS WELL AS THE GREEN SPACE IN THE PELICAN GREEN AREA.

UM, SO THANK THANKS GLENN.

UH, IF YOU WILL, THE NEXT SLIDE.

THIS IS A SHOT OF THE ENTIRE DEVELOPMENT, ALL 104 ACRES.

EVERYTHING IN YELLOW IS THE RETAIL, THE RETAIL ENCAPSULATES 453,000 FEET.

EVERYTHING IN THE, IN THE MAROON, UH, LIGHT PURPLE WOULD BE THE RESIDENTIAL.

THE TWO HOTELS ARE IN ORANGE, AND THE TWO OFFICE BUILDINGS ARE IN BLUE.

AND, UH, THEN ALL OF THE STREET AND, AND, UH, INFRASTRUCTURE THAT, UH, WOULD CREATE THE, UM, UH, BOTH VEHICLE BIKE AND PEDESTRIAN ACCESS GOES THROUGH IT.

YOU'VE GOT LONE STAR ON THE NORTH END THAT GOES EAST, WEST, AND LONE STAR EXISTS IMMEDIATELY WEST OF OUR PROPERTY.

THAT WOULD BE LONE STAR THAT COMES OUT TO GARTH AND TIES INTO LONE STAR BOULEVARD THAT YOU SEE IMMEDIATELY WEST OF THE PROPERTY TO THE SOUTH OF THAT.

AT THE NEXT LIGHT WILL BE SAM HOUSTON, WE'LL CALL IT SAM HOUSTON.

SAM HOUSTON WILL GO THROUGH, UH, THE RETAIL AND THEN THROUGH THE OFFICE AND THE RESIDENTIAL.

AND IT WILL, UH, CUL-DE-SAC AT THE END OF OUR PROPERTY IN HOPES THAT THE CITY WILL TIE AND OTHER PROPERTY OWNERS WILL TIE INTO THAT TO KEEP THE INFRASTRUCTURE MOVING TO THE WEST OF OUR PROPERTY.

UH, THE, THE DOTTED LINE THAT'S IN RED SHOWS THE PEDESTRIAN WALKWAYS THAT WILL BE THROUGH THE PROPERTY THAT THEY WILL EXTEND ALONG, BOTH LONE STAR AND ALONG SAM HOUSTON AND THROUGH THE PROPERTY, UH, BOTH IN THE, UH, AT GARTH AND ALL THE WAY TO THE WEST.

AND THE BIKE, UH, WALKWAY AND BIKE TRAIL WILL BE PRIMARILY ALONG, UH, SAM HOUSTON.

IT WILL GO THROUGH THE PROPERTY, UH, AND THEN TIE IN, UH, WITH OUR GOAL TO TIE IT INTO SAN JACINTO, UH, THAT THE CITY HAS SPENT SO MUCH TIME AND MONEY ON, UH, AS WELL.

AND LET'S SEE, THIS IS THE VEHICLE CIRCULATION.

YOU SEE IT IN LIGHT, UH, ORANGE.

IT GOES THROUGHOUT THE PROPERTY.

AND ALL OF THIS INFRASTRUCTURE WILL BE CREATED, UH, WITH THE ROADWAYS THAT WE'VE NOTED AND THE NAMES THAT WE'VE SELECTED.

UH, WHAT I WOULD, UH, GO BACK PLEASE.

UM, THE, THERE'S TWO 6,000 FOOT BUILDINGS.

CAN YOU GO BACK TO THE, THE BIGGER SHOPPING CENTER SIZE? ONE MORE.

THANK YOU.

[00:20:01]

AS YOU LOOK AT JUST THE YELLOW PORTION, WHICH IS THE RETAIL CENTER ON THE NORTH SIDE ON, AS YOU LOOK AT IT, ON THE RIGHT SIDE, THERE'S TWO BUILDINGS THAT WOULD BE SIT DOWN RESTAURANTS WITH THE GREEN SPACE IN BETWEEN.

AND THAT GREEN SPACE IN BETWEEN COULD EITHER BE, IT COULD BE WHATEVER WE WANT IT TO BE, BUT WE ENVISION ONE OF THE RESTAURANTS BEING VERY FAM FAMILY FRIENDLY AND HAVING, UH, A GOOD BIT OF CHILD ACCESS AND PLAY AREA.

YOU SEE KIND OF A MIRROR IMAGE ON THE SOUTH SIDE AS YOU LOOK AT THOSE.

THERE'S ALSO TWO ADDITIONAL 6,000 FOOT BUILDINGS THAT HAVE THE SAME GREEN SPACE KIND OF IN MIRROR IMAGE TO THE SOUTH OF THE, OF THE CENTRAL AREA THAT HAS FOUR 14,000 FOOT BUILDINGS IN THAT CENTRAL GREEN.

AND SO THIS WILL BE THE GATHERING SPOT THAT WE ENVISION FOR THE COMMUNITY.

WE ACTUALLY WANT TO WORK WITH THE CITY.

WE WANT THE CITY TO COME UP WITH IT WITH WAYS THAT WE CAN ACTIVATE AND UTILIZE ALL OF OUR GREEN SPACE ALL THE TIME.

WE WOULD ENVISION IT BEING USED FOR WHOMEVER WISHES TO USE IT IN WHATEVER WAY THEY WISH TO USE IT, UH, FOR THE CITY AND FOR CITY PURPOSES AND FOR COMMUNITY PURPOSES.

AND, UH, I WOULD SAY IN CLOSING, AGAIN, IT HAS TAKEN SIX AND A HALF YEARS FOR US TO GET TO THIS POINT.

WE DID NOT ENVISION IT TAKING SIX AND A HALF YEARS.

WE ENVISIONED IT TAKING ABOUT TWO TO THREE YEARS.

AND SO IT'S TAKEN LONGER THAN WE, WE THOUGHT.

UH, PEOPLE HAVE BEEN MORE PATIENT THAN WE WISH THEY HAD TO BE.

WE APPRECIATE THAT PATIENCE.

WE DO COME BEFORE YOU NOW WITH THE, WITH THE HAPPY NEWS THAT WE DO OWN EVERYTHING AND WE'RE NOT ENCUMBERED OR CONTROLLED BY ANY OTHER PROPERTY USER ON THE ENTIRETY OF THE MALL.

AND SO THE TIMING THAT WE LOOK AT NOW IS, THE REMAINDER OF THE DEMOLITION WILL OCCUR SOMETIME IN APRIL, PROBABLY THROUGH ABOUT JULY OR AUGUST.

THAT APRIL THROUGH JULY OR AUGUST PERIOD WILL BE THE TIME WE CAN DEMOLISH THE REMAINDER OF THE MALL.

IT WILL BE COMPLETELY DOWN, IT WILL BE ENTIRELY LAND AT THAT POINT.

AND THEN, UH, WE ALREADY HAVE, UH, MERCHANTS THAT WE'RE TALKING TO.

UM, WE HAVE THE 88,000 FOOT MERCHANT, WHICH IS AT THE FAR NORTH END, REALLY WANTS TO BE HERE SOONER THAN, THAN WE CAN EVEN DELIVER IT.

SO WE'RE GONNA TRY TO DELIVER THEM AS, AS FAST AS POSSIBLE.

UH, BUT WE PROBABLY WILL GET THAT MERCHANT IN.

AND ALL MERCHANTS IN THE GOAL RIGHT NOW IN 23 FOR CHRISTMAS OF 23, THAT'S THE GOAL.

UH, 22 WILL BE SPENT IN DEMOLITION, WORKING WITH THE LANDSCAPE ARCHITECT, THE ARCHITECT FOR THE, FOR THE FACILITIES, THE ARCHITECT FOR THE IMPROVEMENTS.

AND THEN ALL THE CONSTRUCTION WILL OCCUR, UH, WITH THE SITE WORK AT THE END OF 22.

AND THEN ALL THE VERTICAL IN, UH, INFRASTRUCTURE AND VERTICAL BUILDING, UH, CONSTRUCTION IN 23 FOR AN OPENING IN OF DECEMBER AND, AND, UH, HOLIDAY SEASON 23.

SO WITH THAT, THAT'S THE PRESENTATION AND WHATEVER QUESTIONS YOU GUYS HAVE, HAPPY TO ENTERTAIN.

THANK YOU, UH, MR. OU.

SO WHAT I'LL DO IS I'LL JUST KINDA START AT THIS END IF I, IF I MAY, UH, WITH MS. ALVARADO.

AND THEN IF THERE'S ANY QUESTIONS OR COMMENTS, KINDA JUST GO THROUGH AND THEN MAKE SOME COMMENTS, UH, TRY TO PROVIDE ANY DIRECTION OR ANY OTHER RECOMMENDATIONS AND, UH, WE'LL KINDA JUST TAKE IT FROM THERE.

YES, MA'AM.

THANK YOU, MAYOR.

UM, I APPRECIATE YOU COMING BY MR. HESSEN FLU AND, AND WE REALLY PUSH TO HAVE THIS AT A PUBLIC FORUM.

YOU CAN IMAGINE THE NUMBER OF QUESTIONS WE FIELD, NOT JUST THROUGH SOCIAL MEDIA, BUT DIRECT EMAIL, DIRECT PHONE, WHATEVER IT MAY BE.

AND SO THIS IS NOT THE FIRST RENDERING WE'VE SEEN.

AND I WILL TELL YOU FRANKLY, THAT, YOU KNOW, I'VE BEEN FRUSTRATED WITH THE PROCESS.

UM, YOU KNOW, THUS FAR VERY EXCITED.

WHEN WE SAT DOWN AND SAW THE VERY FIRST RENDERING, I THINK ALL OF US WERE VERY EXCITED ABOUT IT.

BUT AS THE PROCESS CONTINUED, IT'S JUST BEEN A LITTLE FRUSTRATING.

UM, ONLY BECAUSE WE GET TO HEAR EVERYTHING THAT THE RESIDENTS, UM, ARE EITHER COMPLAINING BECAUSE IT'S NOT MOVING TOO FAST.

UM, WE DO UNDERSTAND THAT THE RETAIL ENVIRONMENT HAS CHANGED DRAMATICALLY, UH, BECAUSE OF COVID.

AND WE KNOW THAT WE'RE, WE'RE PROBABLY NOT GOING TO GET THE, THE STORES THAT WE INITIALLY ENVISIONED.

UM, BUT I, I DO HOPE, UM, THAT YOU ARE WORKING CLOSELY WITH SOME OF THOSE.

WE, WE GAVE YOU A LAUNDRY LIST OF OUR STORES.

WE GAVE YOU A LAUNDRY LIST OF STORES THAT SOME OF OUR RESIDENTS WANTED, THAT WE HAD GOTTEN THROUGH DIFFERENT SURVEYS, AND AS WE GO OUT AND TALK TO OUR, UM, CONSTITUENTS.

AND SO THAT, FROM WHAT I UNDERSTAND, HAD ALREADY BEEN TURNED IN EARLY ON.

AND SO AS WE MOVE FORWARD WITH THE PROCESS NOW, KNOWING, YOU KNOW, ABOUT THE, THE FULL OWNERSHIP WITH MACY'S AND JC PENNEY, I HOPE TO SEE A MUCH SMOOTHER PROCESS, UM, IN, IN TERMS OF, YOU KNOW, WHAT'S GONNA BE THERE, THE TIMELINE.

WE KNOW THAT THERE'S HICCUPS, BUT I THINK FOR ME IT'S MORE OF A TRANSPARENCY THAT WE

[00:25:01]

KNOW EXACTLY WHAT'S HAPPENING SO WE CAN TELL OUR CONSTITUENTS, UM, ON WHAT'S HAPPENING.

BECAUSE WHEN IT WAS JUST WITHIN US, WE HAD TO DO IT DURING EXECUTIVE SESSION AND THEY FELT THAT WE WERE THE ONES, YOU KNOW, DRAGGING EVERYTHING BEHIND.

SO, UM, I KNOW THIS IS A HUGE PROJECT.

IT IS.

AND SO I JUST HOPE THAT THIS NEXT PHASE WILL MOVE A LOT SLOWER.

AND I THINK MY MAIN CONCERN, AND, AND I'M ON THE SOUTH SIDE OF, OF THE CITY AND DISTRICT ONE, SO MY BIGGEST CONCERN WAS MIGRATION.

UM, ESPECIALLY THROUGH SOME OF THE BIGGER BOX STORES LIKE TARGET AND BEST BUY AND OLD NAVY AND, AND WHAT IT WOULD DO TO THOSE SHOPPING STRIPS OF THESE STORES MIGRATED.

WE CAN'T STOP THE MIGRATION IF THEY WANNA MOVE, BUT I WOULD AT LEAST HOPE THAT, YOU KNOW, WE'RE WORKING TOGETHER WITH CITI AND I'VE SEEN WHERE OTHER CITIES SPECIFICALLY MACALLAN, UM, THEY HAD A WALMART THAT HAD MIGRATED AND WENT ELSEWHERE.

AND SO THEY ACTUALLY THOUGHT, UM, VERY LY AND TURNED THAT INTO A LIBRARY.

UM, AND SO THERE'S THINGS THAT I THINK CAN BE DONE BECAUSE WE'VE HAD EMPTY BUILDINGS FOR A LONG TIME.

THE OLD KROGER ON PRUITT AND PARK, YOU KNOW, AND, UM, IT TOOK A LONG TIME TO, TO DO THE OLD KROGER STORE, WHICH IS NOW AR THANKFULLY .

BUT I, I JUST DON'T WANNA SEE THAT HAPPEN.

AND SO I WANT, YOU KNOW, OUR STAFF AND, AND YOU ALL TO REALLY WORK CLOSELY TOGETHER BECAUSE THE LAST THING I WANNA SEE IS A WHOLE BUNCH OF MIGRATION AND HAVE A WHOLE BUNCH OF EMPTY, EMPTY BUILDINGS.

SO I THINK THAT'S ONE OF MY MAIN CONCERNS, AS WELL AS THE CONSTITUENTS ON MY SIDE, BECAUSE THEY ALREADY FEEL THEY HAVE TO TRAVEL SO FAR IN TO DO THEIR SHOPPING.

SO THAT'S ALL I HAVE TO SAY, MAYOR.

ALRIGHT, THANK YOU.

WE APPRECIATE THAT.

UH, WE, WE SHARE THAT WE DON'T, WE, WE WOULD LIKE TO BRING IN AS MANY NEW RETAILERS AS POSSIBLE, THAT VERY LARGE RETAILER, WE'RE JUST NOT AT LIBERTY TO TELL YOU WHO IT IS, BUT IT'S A VERY CUSTOM BOX.

IT'S NEW TO BAYTOWN.

IT'S, IT'S NOT A, A MIGRATION BUSINESS AT ALL.

AND, UH, WE BELIEVE THAT AFTER COMING THROUGH COVID, THE RETAIL LANDSCAPE HAS CHANGED.

BUT RETAIL IS STILL A VIBRANT PRODUCT TYPE AND, AND EVERYBODY WANTS TO SEE GOOD RETAIL IN THEIR CITY.

UH, I'VE HEARD MANY TIMES THAT YOU ALL, AND THE PEOPLE, THE GOOD PEOPLE OF BAYTOWN OFTEN GO TO, TO BAY BROOK TO GO SHOPPING IN THE BAY BROOK MALL.

UH, THAT ANNEX THAT ADDED, UM, DICK'S SPORTING GOODS AND OTHERS, UH, IS A BEAUTIFUL ANNEX.

AND THAT'S GOT NEW IMPROVEMENTS AND NEW AREAS.

AND WE'RE GONNA HAVE SIMILAR, IT, IT WON'T BE EXACTLY LIKE IT, IT WILL BE DIFFERENT BECAUSE WE WILL HAVE OUR CENTRAL GREEN AND OUR COMMUNITY EFFECT.

BUT IT'LL BE VERY SIMILAR IN ITS FEEL AND LOOK, UH, TO THAT.

AND IT WILL ALL BE NEW IMPROVEMENTS AND NEW LANDSCAPING AND HARDSCAPING AS WELL.

UM, WE HEAR YOUR CONCERN, WE'LL TAKE THAT VERY SERIOUSLY.

WE WILL TRY TO MIGRATE AS FEW AS POSSIBLE AND BRING IN AS MANY NEW RETAILERS AS POSSIBLE AS WELL.

THANK YOU.

IF I, IF I MAY BE, IF I'M ON THE DISTRICT TWO, UM, THERE WAS ONE INDIVIDUAL THAT SIGNED UP TO SPEAK RIGHT ON FOUR A.

SO, UH, DAVID ISAAC, IF YOU'VE, IF YOU'RE HERE, THERE, I, I DIDN'T SEE YOU, THAT'S WHY I MOVED ON, BUT THEN YOU MOVED ON ME.

SO PERHAPS YOU DIDN'T SEE MY ORANGE SHOES OVER THERE.

, UH, NOT THIS TIME.

START THE TIMER.

BEEN FOLLOWING YOU A LOT, MR. ME, THE, HAVE TO FIND YOU TONIGHT.

I, I WANT TO TALK ABOUT THIS SAN JACINTO MALL PROCESS.

I SUPPOSE I WAS SUPPOSED TO SPEAK BEFORE I WOULD, USUALLY I WOULD TRY IT, BUT I DIDN'T SEE YOU.

OKAY, WELL, UH, NOW THAT THEY'VE SHOWN ME THEIR RE UH, PRESENTATION, UH, YOU KNOW, I HAVE A FEW COMMENTS REGARDING THEIR PRESENTATION SPECIFICALLY.

BUT FIRST I WOULD JUST LIKE TO SAY THAT, UH, YOU KNOW, WE HEARD OUR DEVELOPER MENTION THAT THIS HAS TAKEN LONGER THAN USUAL, THAT THIS HAS TAKE, IT WAS SUPPOSED TO TAKE TWO YEARS, SUPPOSED TO TAKE 2.5 YEARS OR SO, AND IT'S TAKEN SIX YEARS.

IT'S TAKEN A LONG TIME.

SO TO ME, SIX YEARS IS AN ENTIRE GENERATION.

I'M 33 YEARS OLD, I'VE RUN MY OWN BUSINESS.

I'M AN ENTREPRENEUR.

SO I UNDERSTAND IF I MAKE A CONTRACT, I HAVE TO UPHOLD THAT CONTRACT.

AND FROM WHAT I UNDERSTAND, THE AGREEMENT THAT WE MADE THE CITY WITH THIS DEVELOPER IS THAT IF THEY DIDN'T HAVE IT DONE BY MARCH, THAT THEY OWE US $3.5 MILLION.

SO I WOULD LIKE TO KNOW TODAY, THROUGHOUT ALL THIS PRESENTATION, THROUGHOUT ALL THE, THE SMOKES AND MIRRORS THAT WE SEE IF THEY HAVE OUR $3.5 MILLION READY TO GO.

3.25, 3.25.

THANK YOU COUNCILMAN PRESLEY.

SO THAT'S WHAT I, THAT'S WHAT I'M INTERESTED IN.

I'M INTERESTED IN, IN ENFORCING CONTRACTS, ENFORCING WHAT, WHAT'S AVAILABLE TO US WHEN SOMEONE DOESN'T UPHOLD THEIR END OF THE BARGAIN.

WE'VE SEEN AN ENTIRE GENERATION PASS BY WITH THIS MALL.

WE'VE SEEN PEOPLE HAVE TO GO ALL THE WAY TO BAYBROOK MALL.

WE'VE SEEN YOUNG FOLKS

[00:30:01]

DECIDE TO INDULGE IN DRUGS IN TROUBLESOME BEHAVIOR BECAUSE THEY HAVE NOWHERE TO GO.

WE JUST HAD AR UH, UH, UH, UH, UH, COME UP IN AT KROGER'S ON GARTH ROAD.

BUT COUNCILMAN ALVARADO'S W RIGHT? THE OLD NORTH PRUITT BUILDING, WE COULD BE FOCUSING ON.

WE COULD BE SPENDING MONEY ON, WE COULD MAKING CONTRACTS WITH, BUT FOR NOW TODAY, I DIDN'T COME HERE TODAY TO HEAR ANOTHER PRESENTATION, TO BUY MORE TIME FOR THIS DEVELOPER THAT HAD PLENTY OF TIME TO GET IT DONE.

AND THAT'S WHAT I'M HERE TO DO, TO SPEAK ON BEHALF OF THE PEOPLE THAT WANT TO SEE IT GET DONE.

THERE ARE TOO MANY PEOPLE IN THIS TOWN THAT HAVE TO DRIVE WAY TOO FAR.

GET 30 SECONDS I THINK TO GO 51.

I'VE GOT PLENTY OF TIME GUYS.

COME ON.

ALRIGHT, , IF I'M OFF SCHEDULE, PLEASE MAKE A POINT OF ORDER.

I'M READY.

WE WILL GO AHEAD.

WE GOT TOO MUCH TIME.

OKAY.

NOW, I MIGHT SPEND JUST THREE MINUTES HERE TO EXPLAIN HOW LONG 6.5 YEARS IS.

IT'S A VERY LONG TIME.

AND NOW WE'RE HEARING ABOUT, YOU KNOW, THE POSSIBILITY OF, OF OF COMPANIES MIGRATING ON GARTH.

AND WE HEAR OF THE POSSIBILITIES, UH, OF OTHER COMPANIES WANTING TO MOVE IN.

BUT WHAT IS THE PUBLIC INTEREST HERE? THE PUBLIC INTEREST IS THIS COMPANY, TO MY BELIEF, OWES US $3.25 MILLION.

NOW, I WOULD LIKE TO SEE THAT CONSIDERING WE'RE SPENDING TAXPAYER MONEY ON SOME OF THESE INVESTMENTS, AND THIS IS ONE OF THEM.

SO AS A BUSINESS OWNER, AS AN ENTREPRENEUR, AS SOMEONE WHO IS IN THE PUBLIC FIELD, I WOULD LIKE TO SEE THIS COMPANY ADDRESS THE $3.25 MILLION THAT THEY OWE US.

COVID ISN'T AN EXCUSE, IT'S A REASON TO PUSH FORWARD AND WORK HARDER.

ALRIGHT, THANK YOU.

CAN MOVE BACK TO DISTRICT TWO .

SURE, .

SO LET'S GET THROUGH THIS.

AND ACTUALLY WE COULD JUST, YEAH, KIND OF LET COUNSEL HAVE THEIR COMMENTS AND I'M GONNA TRY, I I JOTTED SOME THINGS DOWN, SO I'M USUALLY A LITTLE BETTER PREPARED.

SO I'M JUST GONNA KIND OF STUMBLE AND MUMBLE THROUGH IT.

BUT, SO I, I GUESS FIRST AND FOREMOST, I, I DID ASK THE FINANCE DEPARTMENT AND ADMINISTRATION HOW MUCH MONEY THE CITY HAS IN TO, TO THE CURRENT PROJECT, AND THEY PROVIDED THE INFORMATION AND WE'VE ACTUALLY MADE 17 DIFFERENT PAYMENTS TOTALING $8,000,534, 8 MILLION, $534,859 AND 90 CENTS.

SO THE CITY DOES HAVE EIGHT AND A HALF MILLION DOLLARS INTO THIS DEAL.

UM, OTHER THAN DEMOLITION, THERE'S NOT A WHOLE LOT TO SHOW SHOW FOR IT AT THIS POINT IN TIME.

I DO HAVE A BACKGROUND LONG AGO IN THE, IN THE APPRAISAL PROFESSION, AND THERE'S SOMETHING CALLED FUNCTIONAL OBSOLESCENCE.

MM-HMM .

AND THE MALL DEFINITELY EXPERIENCED CONSIDERABLE FUNCTIONAL OBSOLESCENCE, AND THE UTILITY WAS, WAS LESS THAN OPTIMAL, PROBABLY EVEN COULD BE CALLED MINIMAL.

SO I, I WAS SUPPORTIVE AND, AND I AM SUPPORTIVE OF PUBLIC ASSISTANCE TO ADDRESS SOME OF THOSE ISSUES.

AND FRANKLY, WITHOUT ANY PUBLIC ASSISTANCE AND ANY PUBLIC SUPPORT, WE WOULD PROBABLY HAVE THE SAME, IT WOULD PROBABLY BE UNDER THE SAME OWNERSHIP, AND THERE HASN'T BEEN A LOT OF HEADWAY MADE, THAT'S FOR SURE.

BUT THERE WOULDN'T HAVE BEEN ANY HEADWAY MADE.

SO I, I AM SUPPORTIVE IN, IN THAT REGARD.

BUT, YOU KNOW, WE ARE TASKED AND, AND WE ARE ELECTED BY THE CITIZENS, AND WE DO HAVE TO ANSWER FOR, FOR THE, THE MONEY THAT THE CITY HAS INVESTED IN IT.

SO, YOU KNOW, LIKE I SAY, I, I THINK THE POINT WAS MADE ON THE 3.25 MILLION CLAWBACK IS WHAT IT'S CALLED PERSONALLY, YOU KNOW, THAT WAS DUE OVER ONE YEAR AGO.

I'M ONLY ONE VOTE, I'M ONLY ONE COUNCIL MEMBER.

BUT, BUT FOR ME, YOU KNOW, THIS THING HAS CHANGED.

IT HAS MORPHED QUITE A BIT.

I'M, I'M NOT AGAINST IT.

I WOULD STILL LIKE TO SEE IT SUCCEED IN SOME FASHION.

REALLY.

I GUESS WHAT I WOULD LIKE TO SEE IS I WOULD LIKE TO SEE THE $3.25 MILLION CLAWBACK PAID BACK AND JUST IN THE SPIRIT OF GOOD FAITH IN TO CONTINUE ON IN THE NEGOTIATION PROCESS, BECAUSE THAT'S WHAT IT IS.

I MEAN, WE'RE, YOU KNOW, THERE, THERE'S SOME WORDS THAT HAVE BEEN SAID THAT I HAVE A LOT OF QUESTIONS AND I, I HAVE A LOT OF RESEARCH TO DO MYSELF.

BUT, YOU KNOW, SOME OF THOSE THINGS ARE THE MIGRATION.

SO WHEN WE TALK ABOUT MIGRATION, I MEAN MIGRATION IS SOMETHING THAT HAPPENS NATURALLY, AND, AND SOMETHING THAT'S GONNA HAPPEN WITH OR WITHOUT CITY SUPPORT.

SO I'M ONLY ONE COUNCIL MEMBER,

[00:35:01]

BUT ANY NEW AGREEMENT THAT'S, THAT'S RENEGOTIATED OR, OR PROMULGATED, I'M PROBABLY NOT GOING TO SUPPORT SUBSIDIZING MIGRATORY BUSINESSES, NEW BUSINESSES THAT ARE ACCRETIVE TO THE CITY AND WHAT THE CITY OFFERS ITS RESIDENTS AND ITS CITIZENS, NEW NAMES THAT WE DON'T HAVE.

THAT'S WHERE I'M AT.

AND, AND THAT'S WHAT I CAN SUPPORT GOING FORWARD.

SO, YOU KNOW, LIKE I SAY, WE JUST, YOU KNOW, I, I HEAR YOU SAY WE ENVISION, YOU KNOW, THE MERCHANTS WE'RE TALKING TO.

SO IT JUST SEEMS TO ME THAT WE, WE STILL HAVE A LITTLE WAYS TO GO HERE IN, IN A MEETING OF THE MINDS IN, IN, IN GETTING ON THE SAME PAGE AS TO, TO HOW TO CONTINUE ON AND, AND, YOU KNOW, BEING GOOD STEWARDS OF TAXPAYER DOLLARS, WHICH WE'RE TASKED TO DO AS WELL AS TRY TO ADVANCE THE ECONOMIC DEVELOPMENT IN, IN THIS CITY AS WELL.

SO, YOU KNOW, THAT THAT'S KINDA WHERE I'M AT.

I I'M JUST THINKING OUT LOUD HERE AND, UH, EXPRESSING MY THOUGHTS AS ONE MEMBER OF COUNCIL.

UM, SO YOU KNOW, IT, IT'S THINGS LIKE THAT.

AND I KNOW WE'VE ALSO DISCUSSED THE PERCENTAGE OF, OF SECONDHAND GOODS AND, AND THINGS LIKE THAT.

AND, AND JUST SPEAKING FOR MYSELF ONLY, YOU KNOW, I'M, I'M VERY UNLIKELY TO SUPPORT ANY PUBLIC SUPPORT FOR SECONDHAND GOODS OR DOLLAR STORES OR THINGS OF THAT NATURE AS WELL.

SO, YOU KNOW, THAT'S JUST KIND OF WHERE I'M AT.

AND, AND I'M GLAD YOU GUYS ARE HERE TONIGHT AND, AND I'M, I'M GLAD YOU'RE, YOU'RE PERSEVERING AND, AND THERE HASN'T BEEN A FOR SALE SIGN GO UP ON THE PORTION OF THE PROPERTY THAT YOU OWN.

AND, AND YOU KNOW, I I, I RECOGNIZE THE STICKTUITIVENESS FROM, FROM YOU GUYS AS WELL AS COUNCIL.

SO, YOU KNOW, WE'RE JUST, WE'RE WE'RE, WE WANNA GET ON THE SAME PAGE AND, AND WE WANT TO SEE IT, IT GET DONE.

AND, BUT WE DO HAVE TO BE GOOD STEWARDS OF TAXPAYER DOLLARS.

AND, AND, AND FRANKLY, THE, THE 3.25 MILLION CLAWBACK, IT IS BEEN SOMEWHAT UNDERDRESSED.

MM-HMM .

AND, AND, AND IT WAS, I DIDN'T ASK FOR THESE NUMBERS FOR ANYTHING, YOU KNOW, I, I WAS, I WAS PLANNED ON ADDRESSING IT, WHETHER ANYONE SAID IT BEFORE MY TURN CAME UP OR NOT.

SO, YOU KNOW, LIKE I SAY, I, I DON'T HAVE A LOT TO SAY AT THIS POINT, BUT I'M HOPING THERE'S A DEAL TO BE STRUCK AND, UH, BUT, BUT WE HAVE TO BE GOOD STEWARDS OF TAXPAYER DOLLARS.

DISTRICT.

WELL, YOU MADE THE COMMENTS THAT THIS WAS NOT THE FIRST RENDERING, AND I'M GONNA HAVE TO ADD TO THAT.

I HOPE IT'S NOT THE LAST, WHEN YOU ALL WERE HERE LAST DECEMBER AND WE WENT TO OUR RETREAT AND SAW SOMETHING SIMILAR TO THIS, WE MARKED THAT DRAWING UP AND SAID WHAT WE DID NOT WANT, WHAT WE DID WANT, WE GAVE SPECIFIC INSTRUCTIONS TO THE STAFF TO BRING BACK TO YOU.

AND WHAT THEY'VE BEEN BRINGING BACK TO US IS NOTHING SIMILAR TO WHAT WE HAD SAID THAT WE WANTED.

IF WE SPENT EIGHT, HOW MUCH IS IT? 8.5, $8.5 MILLION? WE'RE ENTITLED TO GET WHAT WE WANT.

AND THAT'S ALL IT IS TO IT.

THE MULTI-FAMILY, THIS IS IN MY DISTRICT AND DISTRICT THREE, ANYTIME MULTIFAMILY IS GOING TO BE BROUGHT UP OR DEVELOPED HERE, THEY HAVE TO COME BEFORE COUNCIL AND WE GRILL THEM ON WHAT WE WANT TO SEE IF WE WANT TO SEE MULTIFAMILY.

SO I'M NOT IN AGREEMENT WITH AS MUCH MULTIFAMILY AS WE'RE SEEING THERE.

TALKING ABOUT THE 3.25 CLAWBACK.

I'VE GIVEN A LOT OF THOUGHT TO THAT.

A LOT OF THOUGHT TO THE POINT THAT IF WE ARE GOING TO SEE RESALE SHOPS AND SECONDHAND SHOPS, MATTER OF FACT, THE MAYOR HAD A VERY GOOD STATE OF THE CITY ADDRESS EARLIER THIS WEEK.

AND HE HAD AN EXERCISE NEAR THE END OF IT WHERE HE ASKED THE CITIZENS, WAS IT OVER 300 PEOPLE? THERE IT WAS 2 50, 250 PEOPLE THERE, WHAT THEY WANTED TO SEE IN THE MALL.

AND I CAN TELL YOU ONE THING THAT THEY DIDN'T SAY WAS SOMETHING I SAW IN THE RENDERING AND THAT WAS BEST BUY IN THE BACKGROUND.

WE ALREADY GOT THAT.

THEY DON'T WANNA SEE A PLATO'S CLOSET, THEY DON'T WANNA SEE A DOLLAR STORE.

SOME OF THE THINGS THAT THEY WANT TO SEE.

I DON'T, I I REALLY DON'T HAVE FAITH AND CONFIDENCE IN KNOWING THAT YOU ALL HAVE THE, THE CONNECTIONS TO BRING THEM HERE.

AND IF I, IF I, IF I CANNOT BE REASSURED THAT WE'RE GOING TO GIVE THE CITIZENS WHAT THEY WANT, WHAT THEY WANT, I'M NOT GONNA VOTE FOR ANY AGREEMENT WITH YOU ALL THAT'S GOING TO INCENTIVIZE BRINGING, MIGRATING BUSINESSES DOWN GARTH ROAD.

WE DON'T WANT TO SEE ANY MORE EMPTY BOXES AND WE DON'T WANNA SEE A REPEAT OF WHAT WE ALREADY HAVE ON PRIME REAL ESTATE FACING I 10.

WE DON'T WANT THAT.

[00:40:03]

OKAY.

WHAT I'M, I'M, I'M NOT, I'M NOT DONE.

I'M, WE WANT TO SEE HIGH END RESTAURANTS.

WE WANNA SEE HIGH-END RETAIL.

AND I'M SPEAKING FOR MYSELF WHEN IT COMES TO MULTI-FAMILY.

I WANNA SEE A WHOLE LOT LESS MULTI-FAMILY ON THE RENDERING.

AND I THINK I'VE, OH, THE GREEN SPACE, THEY SAID THEY WANT TO PARTNER WITH US ON THE GREEN SPACE TO BE SURE THAT THERE ARE THINGS BEING DONE.

WE HAVE PLENTY OF GREEN SPACE WHERE WE'RE PARTNERING WITH BUSINESS, UM, TOWN SQUARE.

I DON'T VISUALIZE THIS GREEN SPACE BEING RENTED OUT.

I VISUALIZE PEOPLE COME IN THERE AND ENJOYING THEMSELVES.

AND AS FAR AS THE GREEN SPACE GOES AROUND HERE, BETWEEN THE TWO RESTAURANTS, AND YOU MADE MENTION OF A FAMILY FRIENDLY RESTAURANT, I WOULD HOPE THAT THERE'S NOT A MCDONALD'S WITH A DRIVE THROUGH THERE WITH A PLAYGROUND IN THE MIDDLE.

THOSE ARE NOT THE THINGS WE WANT, WE WANT TO SEE IN REPLACE OF A MALL.

NOW, I DO HAVE TO AGREE WITH MR. ISAACS WHEN HE SAID SIX YEARS IS CONSIDERED A GENERATION.

MY SON IS SITTING BACK THERE AND WE'VE BEEN TALKING ABOUT A MALL SINCE, SINCE MY SON WAS IN JUNIOR HIGH.

AND HE'S ASKING ME NOW THAT HE'S A JUNIOR, THAT'S PROBABLY NOT GONNA HAPPEN.

WHERE HE CAN AT LEAST EXPERIENCE GOING TO AN AREA WITH YOUNG CHILDREN.

LIKE MOST OF US EXPERIENCE WHEN WE WERE GROWING UP HERE IN BAYTOWN.

WE WANT TO SEE MUCH BETTER THAN WHAT IS BEING OFFERED.

AND $8.5 MILLION, I BELIEVE WE DESERVE IT.

I'M DONE.

OKAY.

ALRIGHT.

THANK YOU.

YES, MA'AM.

LEMME START BY SAYING THANK YOU FOR BEING HERE.

UM, APPRECIATE IT.

WE, WE DO APPRECIATE IT.

AND WE DON'T REALLY EVER GET TO CHANCE TO TALK TO Y'ALL FACE TO FACE AND COMMUNICATE DIRECTLY.

SO I APPRECIATE Y'ALL COMING THIS WAY AND SITTING AND, AND LISTENING TO ALL OF US AND OUR CITIZENS.

UM, I JUST, I THINK SOME OF THE, UM, FEARS AND FRUSTRATION THAT YOU MAY BE HEARING TONIGHT.

I JUST WANNA GIVE YOU A LITTLE CONTEXT 'CAUSE I ASSUME Y'ALL AREN'T FROM BAYTOWN OR, OR LIVE IN THIS AREA.

AND SO, UM, YOU KNOW, THIS, THE SAN JACINTO MALL USED TO BE, UM, THE PREMIER SITE TO GO SHOPPING.

UM, MY FAMILY, I WAS, UH, GREW UP IN DEER PARK AND WE WOULD COME TO SAN JACINTO MALL JUST TO GET OUR EASTER PHOTOS TAKEN.

AND IT WAS, YOU KNOW, THE PLACE THAT EVERYBODY TRAVELED TO.

IT WAS THE BAY BROOK, YOU KNOW, I GUESS OF THE EIGHTIES.

UM, AND ANOTHER THING THAT IT HAPPENED WAS IT REALLY KILLED THE SOUTH SIDE OF OUR TOWN, UM, WHICH WAS TEXAS AVENUE.

AND THAT WAS REALLY WHERE EVERYONE BEFORE THE MALL EXISTED, WENT AND ATE AND SHOPPED.

AND WE ARE STILL DEALING, UM, WITH TEXAS AVENUE AND, UM, THE MIGRATION THAT OCCURRED BECAUSE THE MALL WAS BUILT, WE'RE STILL DEALING WITH THAT IN 2021.

AND SO I THINK WHEN YOU, WHEN YOU HEAR, UM, THE, THE CONCERNS ABOUT MIGRATION, IT REALLY STEMS FROM A HISTORICAL EXPERIENCE WE'VE ALREADY LIVED AND CONTINUE TO DEAL WITH AND INVEST PUBLIC MONEY.

AND WE JUST DON'T, WE DON'T WANNA GO THERE AGAIN.

UM, SO AS FAR AS THE MIGRATION GOES, I'LL TELL YOU GUYS THAT I, I AM SUPPORTIVE OF INCENTIVIZING, UM, NEW RETAIL AND, UH, RESTAURANTS AND NOT MIGRATING, UH, RETAIL AND RESTAURANTS.

AND, UM, I WOULD ALSO BE SUPPORTIVE.

I DON'T THINK THIS IS SOMETHING THAT'S BEEN DISCUSSED, BUT CERTAIN LEVELS OF RETAIL AND RESTAURANTS.

SO I SHARE THE CONCERNS THAT I DON'T WANNA SEE.

UM, I MEAN, I KNOW WE HAVE A MCDONALD'S, BUT I DON'T WANNA SEE LIKE A NEW FAST FOOD.

UM, I THINK THE CITIZENS ARE EXPECTING, UM, A HIGHER LEVEL OF SHOPPING AND DINING EXPERIENCE.

AND I KNOW, I KNOW THE PERCEPTION THAT, YOU KNOW, MAYBE THOSE FROM HOUSTON HAVE OF BAYTOWN AND A LOT OF IT IS, IS REALLY WRONG.

WE MAKE A LOT OF MONEY IN THIS COMMUNITY.

WE HAVE A LOT OF DISCRETIONARY INCOME AND WE SPEND A LOT OF MONEY AND WE WOULD SUPPORT HIGHER END RESTAURANTS AND RETAIL.

I REALLY BELIEVE THAT.

I THINK IT'S ABSOLUTELY TRUE.

SO I, I WOULD SUPPORT INCENTIVIZING, UM, THAT KIND OF, UH, NEW RETAIL AND SHOPPING, UM, THE LOOK AND FEEL.

I THINK, I THINK WHERE THE DISCONNECT FOR ME ON THE LOOK AND FEEL IS, UM, ORIGINALLY I THINK EVERYONE KIND OF THOUGHT WE WERE GONNA GET THE OUTDOOR SECTION OF BAYBROOK MALL.

UM, AND SO WHAT, AND WHAT I MEAN WHEN I SAY THAT IS YOU, YOU HAVE LIKE THESE INDIVIDUAL, UM, PADS CLOSE TOGETHER WITH KIND OF THIS BOULEVARD WALKABLE, ALMOST LIKE MARKET IN THE WOODLANDS.

UM, I THINK THAT'S KIND OF WHAT EVERYONE ENVISIONED.

AND UM, I SEE THE ATTEMPTS TO CREATE KIND OF THAT WALKABILITY IN GREEN SPACE, BUT WHAT IT, WHAT IT READS

[00:45:01]

TO ME MORE IS WITH THE BIG BOX ON THE BACK AND THE INDIVIDUAL PADS IN THE FRONT, IT FEELS MORE LIKE FAIRMONT PARKWAY IN PASADENA, IF Y'ALL ARE FAMILIAR WITH THAT AREA.

I THINK THEY DID.

AND SO IT, IT LOOKS TO ME MORE LIKE FAIRMONT PARKWAY WITH SOME GREEN SPACE IN THE MIDDLE AND NOT AS MUCH AS THE, UM, OUTDOOR VERSION OF BAYBROOK.

AND SO I THINK MAYBE THAT'S WHERE THE DISCONNECT IS.

UM, FOR US, I, I WANNA SEE THIS SUCCEED.

I WANT TO, UM, FIND A WAY, UM, FOR US TO, UM, GET ON THE SAME PAGE AND COME TO A COMPROMISE.

UM, I THINK WHAT I'M HEARING AND FEELING TONIGHT IS THERE MAY BE A LACK OF TRUST, UM, BETWEEN US AND Y'ALL, OR VICE VERSA.

AND THE THE TRUTH IS, ONCE WE COME TO AN AGREEMENT WITH Y'ALL, ONCE WE SIGN A DEAL, WE'RE NOT REALLY GONNA HAVE MUCH SAY ABOUT WHAT COMES TO, UM, THE MARKETPLACE.

I THINK OUR CITIZENS THINK WE HAVE A LOT OF CONTROL OVER WHAT STORES ARE GONNA COME.

BECAUSE ANYTIME SOMEONE ASKS ME ABOUT THE MALL, THEY WANNA GIMME THE LIST OF THINGS TO ENSURE THAT I BRING THEM HERE.

AND I DON'T THINK THEY UNDERSTAND THAT.

UM, FREE MARKET RULES.

AND ONCE WE HAVE AN AGREEMENT, UM, Y'ALL WILL BRING WHO WANTS TO COME AND WHO YOU CAN GET HERE, AND IT'S NOT REALLY GOING, YOU KNOW, THE LIST THAT WE PROVIDE MAY NOT MATTER MUCH.

SO, UM, KNOWING THAT, AND THAT ONCE THE AGREEMENT'S SIGNED, IT'S REALLY NOW IN Y'ALL'S HANDS, WE HAVE TO HAVE A CERTAIN LEVEL OF TRUST IN YOU THAT Y'ALL ARE GOING TO CARE ABOUT THE COMMUNITY'S WANTS AND NEEDS AS MUCH AS WE DO.

AND I GUESS WHAT I'M SENSING TONIGHT IS THERE MIGHT BE, UM, A LACK OF TRUST THAT NEEDS TO BE REBUILT.

ALRIGHT, THANK YOU MA'AM.

YES, SIR.

ALRIGHT.

UM, SO I I, I'VE COME IN ON THE, THE BACK END OF THIS, YOU KNOW, I HAVEN'T, I HAVEN'T EXPERIENCED THIS FOR SIX YEARS, LIKE SOME OF THE FOLKS UP HERE HAVE.

SO I'VE KIND OF HAD, YOU KNOW, PIECED TOGETHER KIND OF WHAT THIS PROCESS HAS BEEN OVER THE YEARS.

AND, UM, THE THING THAT I HEARD MULTIPLE TIMES WAS JUST, YOU KNOW, WHAT WE WANTED WHEN, WHEN WE WENT INTO THIS AGREEMENT WAS SOMETHING ICONIC ON THE, ON THE EAST SIDE OF HOUSTON, YOU KNOW, LIKE SAN JACINTO MALL WAS.

UM, AND FROM WHAT I'M SEEING HERE, I'M JUST NOT GETTING THE FEEL OF ICONIC.

I MEAN, IF I CAN SUM IT UP THAT WAY, UM, I THINK IN THE MOST RECENT AGREEMENT WE SAW, UM, THERE, THEY ACCOUNTED FOR SOME SECONDHAND STORES, DRY CLEANERS, FAST FOOD, RESTAURANTS, THINGS OF THAT NATURE.

AND I JUST, THAT DOESN'T SAY ICONIC TO ME.

UM, AND WE HAVE THOSE THINGS ALL THROUGHOUT BAYTOWN THAT, AND WE DID NOT HAVE TO INCENTIVIZE TO GET THOSE THINGS.

UM, AND SO I THINK, UM, I MEAN AT THE END OF THE DAY FOR ME IT'S JUST WHAT AM I COMFORTABLE, UM, AND WHAT ARE THE, I'M GONNA ANSWER TO THE CITIZENS AND WHAT AM I COMFORTABLE INCENTIVIZING? AND I, I JUST DON'T THINK THIS IS QUITE THERE YET.

THAT'S ALL I GOT.

THANK YOU.

YES, SIR.

THANK YOU, MAYOR.

UM, I'M GOING TO PARROT HEATHER A. LITTLE BIT.

I APPRECIATE YOU COMING HERE.

IT'S, IT'S BEEN A WHILE SINCE THIS COUNCIL HAS ACTUALLY GOT TO VISIT WITH YOU FACE TO FACE.

UM, I'VE ONLY BEEN ON COUNCIL SINCE JANUARY, SO IT'S MY 10TH MONTH, BUT I'VE WORKED FOR THE CITY FOR OVER, FOR ALMOST 20 YEARS.

UM, I'VE GOT 32 YEARS IN MUNICIPAL OPERATIONS.

UM, I CAN TELL YOU, AND, AND I'M GOING TO PHRASE SOME OF MY PEERS HERE, YOU KNOW, WE SPENT ABOUT EIGHT AND A HALF MILLION DOLLARS IN THIS PROJECT.

IT'S, IT'S A LARGE PROJECT.

I DON'T HOLD THE SIX YEARS AGAINST YOU BECAUSE I, I UNDERSTAND SOME OF THE DIFFICULTIES YOU HAD WITH THE FOUNDATION STORES IN THE MALL AND THE CONTRACTS.

WHEN I HEARD ABOUT WHAT Y'ALL WERE DEALING WITH, I COULDN'T BELIEVE, I GUESS THAT WAS STANDARD IN THE EIGHTIES, BUT CERTAINLY WOULDN'T BE STANDARD TODAY.

UM, HOWEVER, UM, NOW THAT YOU DO OWN THE PROPERTIES AND WE CAN ACTUALLY SIT DOWN AND, AND START DOING TRUE NEGOTIATIONS, EIGHT AND A HALF MILLION DOLLARS PUTS US AT THE TABLE.

I AGREE WITH MY PEERS ON THAT.

THE, UH, PROPOSED, UH, NEGOTIATIONS WE GOT TO WOULD ALSO INCLUDE AN $11 MILLION INCENTIVE PROGRAM FOR YOU.

THAT'S ABOUT 19 AND A HALF MILLION, ALMOST 20 MILLION.

THAT CERTAINLY PUTS US AT THE TABLE.

UM, IF I WAS TO TELL MY CONSTITUENTS WE SPENT 19 AND A HALF MILLION AND YOU BRING US A LARGE STRIP CENTER ON I 10 AND GARTH ROAD, THERE'D PROBABLY BE SOME LYNCHING AND TAR AND FEATHERING GOING ON.

UM, HOWEVER, I, I LIKE THE PELICAN GREEN CONCEPT.

I LIKE THE GREEN SPACES, HOW WE CAN DEVELOP MORE OF THAT.

AGAIN, THIS IS GONNA BE ONE OF THE, THE ENTRYWAY.

SO OUR CITY, WE CERTAINLY DON'T WANT ANOTHER LARGE STRIP CENTER MALL TYPE THING GOING ON.

UM, SO I HAVE, I HAVE THOSE CONCERNS AS WELL.

BUT FOR, YOU KNOW, AND AGAIN, WE CAN'T TELL YOU WHAT TO DO.

IT'S YOUR PROPERTY, IT'S YOUR DEVELOPMENT.

BUT FOR 19 AND A HALF MILLION, WE SHOULD HAVE, WE SHOULD HAVE SOME SAY.

UH, AND, AND I'M FOR ONE AND LIKE SEVERAL OF MY PEERS, I'M, I'M NOT GONNA GO FOR ANYTHING THAT WE'RE SPENDING THAT TYPE TYPE OF MONEY AND

[00:50:01]

NOT HAVE SOME SAY.

UM, THAT'S JUST NOT GOOD FIDUCIARY POSITION IN OUR PART.

UM, I'VE GOTTEN COMMENTS FROM THE CITIZENS THAT, AS MENTIONED EARLIER, CITIZENS THINK WE CONTROL THIS PROCESS.

NO, THE PRIVATE MARKET CONTROLS THIS PROCESS.

Y'ALL WERE TIED UP FOREVER JUST GETTING THE PROPERTY, WHICH IS NOT ANY FAULT ON YOUR PART.

THAT'S OVER.

SO FROM THIS POINT FORWARD, PATIENTS WILL GET THINNER AS IS BROUGHT OUT BY MR. ISAACS.

THAT O OKAY, NOW THE CLOCK STARTS REALLY, IN MY OPINION, HOW CAN WE WORK THIS OUT? HOW CAN WE GET TO SOME AGREEMENTS AND HOW CAN WE GET SOME GOOD CONSTRUCTION GOING ON AT, AT OUR ENTRYWAY? UM, SO THAT'S, THAT'S KIND OF WHERE I AM.

BUT I MENTIONED TO A COUPLE OF MY CONSTITUENTS OF THE DAY THAT WE'D ALREADY SPENT EIGHT AND A HALF MILLION AND THEY WERE APPALLED.

AND, AND THE CONCEPT OF SPENDING $11 MILLION MORE IN INCENTIVES, I DIDN'T EVEN BRING THAT UP 'CAUSE I WASN'T SURE I COULD GET AWAY FROM THE TABLE .

SO, UM, SO THAT'S THAT.

SO I AGREE WITH ALL MY PEERS UP HERE THAT WE'RE EXCITED, BUT, BUT WE'VE GOTTA HAVE SOMETHING MOVING FORWARD.

UH, AS FAR AS THE SECOND HALF OF THE PROPERTY, THAT'S GONNA BE A WHOLE DIFFERENT DISCUSSION.

UM, 'CAUSE AGAIN, MORE APARTMENT COMPLEXES THAT'S GONNA TAKE MORE APPROVALS.

WE ALREADY HAVE APARTMENT COMPLEXES.

YOU MIGHT GET MY EAR BENT ON APARTMENT COMPLEXES, AND I DON'T EVEN HAVE ANY NEW ONES COMING TO MY DISTRICT.

MM-HMM .

SO, YOU KNOW, THAT'S A CONCERN.

AND AGAIN, RIGHT AT I 10 AND GARTH ROAD, SOME OF THE MOST VISIBLE, VALUABLE PROPERTY WE HAVE IN THE CITY, WE, WE NEED, THIS PROJECT NEEDS TO REFLECT THAT.

AND I'M, I'M SURE Y'ALL WANT IT AS WELL 'CAUSE YOU'RE HERE TO MAKE MONEY AND, AND WE WANT YOU TO MAKE MONEY.

WE WANT THE CITY TO MAKE MONEY.

UH, IT'S JUST HOW MUCH OF AN INVESTMENT DO WE WANT TO PUT TOWARDS THAT? SO MAYOR, THAT'S WHAT I'VE GOT.

OKAY.

SO I DO WANNA WANNA SAY FOR, FOR ALAN AND, AND ALL THE FOLKS, FIDELIS, UH, I'M GLAD WE'RE AT THIS POINT.

AND AS I EXPRESSED THE OTHER, OTHER DAY AT THE STATE OF THE CITY, UH, SIX AND A HALF YEARS HAS, HAS CERTAINLY, UH, PASSED.

THERE'S BEEN LOTS OF CHALLENGES JUST AS THE MARKET ITSELF, THE RETAIL MARKET, ONLINE SHOPPING, UH, THINGS WERE KIND OF STABILIZING.

THEN COVID HIT AND THEN, UM, OBVIOUSLY ONLINE SHOPPING AND OTHER THINGS HAVE IMPACTED RETAILER AND RETAILERS AND, AND JUST KIND OF GROWTH IN THE COMMERCIAL MARKET.

BUT I THINK WE'RE WE'RE EMERGING FROM THAT AT THIS POINT.

UH, MAYBE IT IS GOOD TIMING THAT THAT THINGS WEREN'T, THAT WE WERE, WEREN'T FURTHER DOWN THE ROAD ON, ON NEW CONSTRUCTION BECAUSE OBVIOUSLY THERE'S RETAILERS THAT WEREN'T ABLE TO SURVIVE BECAUSE OF, OF COVID REASONS THAN OTHERS.

BUT, UM, AS I EXPRESSED, THIS IS A, A GOOD OPPORTUNITY NOW WITH YOU ACQUIRING ALL THE PROPERTY.

IT'S A BLANK SLATE.

UH, WE WANNA FOCUS IN ON THE RETAIL.

I DO UNDERSTAND, UH, SOME OF THE COMMENTS REGARDING, UM, RESIDENTIAL OR OFFICE OR WHATEVER THE CASE MAY BE, UH, EVEN HOTELS.

BUT, UM, I KNOW WHEN YOU LOOK AT OTHER AREAS OF HOUSTON AND ACROSS THE STATE AND ACROSS THE COUNTRY, LIVE, WORK, PLAY, IF YOU WANT LIVE, WORK PLAY, THEN YOU DO HAVE TO HAVE AN ELEMENT OF MULTI-FAMILY TOWN HOMES.

UH, COULD BE SINGLE FAMILY.

SO THERE HAS TO BE AN ELEMENT.

YOU CAN'T HAVE LIVE WORK, LIVE WORK, PLAY WITHOUT SOME TYPE OF ELEMENT IF IT'S LUXURY, CONDOMINIUMS, WHATEVER THE CASE MAY BE.

AND SO I UNDERSTAND THAT.

I HOPE, I HOPE, UM, UM, THE PUBLIC WOULD UNDERSTAND THAT.

I KNOW WHEN YOU LOOK AT PEARL LANDS TOWN CENTER, UH, WHEN I LOOKED AT IT, YOU KNOW, THERE'S HOTELS THERE, THERE'S SOME ANCHOR STORES, THERE'S SOME APARTMENTS, MULTI-FAMILY, UH, AND SO ON.

AND SO WE HAVE TO LOOK AT IT.

CITY CENTER, UH, WOODLANDS, MARKET STREET, ALL THOSE HAVE THOSE TYPE OF ELEMENTS.

AND SO WE, I I THINK YOU, YOU CERTAINLY HEARD MIGRATORY BUSINESSES, UM, KIND OF, UM, BRINGING THOSE THINGS HERE.

THAT'S SOMETHING THAT I THINK AS A COUNCIL, I THINK IT'S BEEN CLEAR THAT THAT'S SOMETHING THAT WE DO NOT WANNA INCENTIVIZE.

I THINK YOU ALREADY HAVE THAT UNDERSTANDING.

UH, BUT FOR STORES, UH, OR ENTERTAINMENT VENUES OR RESTAURANTS THAT WE CURRENTLY DON'T HAVE, WE'RE LOOKING AT ELEVATING, UH, OUR CHOICES.

WE, WE, WE DO LIKE THE BAY BAYBROOK CONCEPT, BUT WE'RE, WE'RE TIRED OF DRIVING TO BAYBROOK MALL IN OTHER PLACES.

WE BELIEVE THAT WE HAVE THE BUYING POWER BY FAR, THE BAYTOWN REGION, AND I'LL EVEN TELL YOU THE MOUNT BELLEVUE REGION.

THIS RIGHT HERE IS THE PREMIER COMMERCIAL PROPERTY IN THIS ENTIRE AREA OF EAST HARRIS COUNTY, WEST CHAMBERS COUNTY.

AND THERE'S NO DOUBT BEYOND MY MIND, UH, EARLIER TODAY WE SAW THE EXPANSION OF GARTH ROAD.

YES, THAT WILL BE PAINFUL.

BUT WITH THAT, ALL THE INVESTMENT THAT WE'RE MAKING AT THIS CORNER OF GARTH ROAD AND I 10, I BELIEVE IT IS, IT IS REALLY GONNA BE THE CROSSROADS FOR A LOT OF NEW GROWTH FOR EAST HARRIS COUNTY, EAST HOUSTON, UH, AND FOLKS BETWEEN HERE AND BEAUMONT.

AND SO, UH, YOU'VE HEARD A LOT OF THE COMMENTS, I AM HAPPY AT THIS POINT.

UH, I'VE BEEN DEALING WITH THEM ALL WHEN IT WAS IN MY DISTRICT SINCE 2005.

OKAY? AND SO I HAVE A LONGEVITY OF THE PREVIOUS OWNER.

AND, AND NOW THAT, THAT YOU TOOK, YOU KNOW, IT TOOK PLACE WHEN YOU TOOK OWNERSHIP OVER SIX YEARS, YES, IT IS AN ACCOMPLISHMENT TO ACQUIRE THIS ENTIRE PROPERTY.

I DO LOOK, LOOK AT

[00:55:01]

IT AS THAT THERE'S MALLS ACROSS THE COUNTRY THAT JUST, THEY JUST STAY THERE AND THERE'S NOTHING, THERE'S NOTHING THAT HAPPENS WITH THEM, BUT WE HAVE A BLANK SLATE.

I BELIEVE WE CAN START A NEW AGREEMENT.

I WANT TO DO THAT, UM, FROM A PLACE OF TRUST.

I THINK YOU, YOU'VE HEARD SOME, SOME COMMENTS FROM COUNCIL.

UH, WE WANNA BE ABLE TO TRUST.

YOU WANNA BE, UH, BELIEVE THAT YOU HAVE THE ABILITY TO BRING THE PRODUCT, NOT JUST WHAT WE WANT.

THIS ISN'T ABOUT SEVEN PEOPLE THAT'S SITTING UP HERE AT THIS DIOCESE.

IT'S ABOUT THE, THE, THE, THE PROBABLY 120, 150,000 PEOPLE PLUS IN THE BAYTOWN REGION AND OTHERS THAT WILL TRAVEL FROM AFAR TO COME TO THESE STORES.

AND SO THEY WANT, THEY WANT THE FINE DINING, THEY WANT, YOU KNOW, THE 50, $60 STAKES AS A CHOICE.

THAT'S WHAT THEY WANT AND THAT'S WHAT THEY CAN AFFORD.

AND SO THE MARKET, I UNDERSTAND THE MARKET'S, THE MARKET, I KNOW THAT THERE'S PEOPLE THAT WANT, THAT WANT TO BRING THEIR BUSINESS HERE.

THEY MAY BE IN BAYTOWN AND THAT'S HOW THE MARKET'S GONNA WORK.

BUT FOR THOSE THAT WE DO NOT HAVE, THAT WE BELIEVE, UH, ARE ON THE LAUNDRY LIST OF, OF HIGH-END RETAIL, HIGH-END RESTAURANTS, HIGH-END ENTERTAINMENT, FAMILY ENTERTAINMENT, UM, THAT IS WHAT WE, WE ARE CERTAINLY WILLING TO GO AND, AND DISCUSS A NEW AGREEMENT WITH.

AND SO I HOPE YOU TAKE THIS AS AN OPPORTUNITY.

UM, I'M GLAD THAT IT'S ABLE TO GET OUT BECAUSE WE, FOR THE PAST, I DON'T KNOW, 16 PLUS YEARS WE'VE BEEN BEHIND CLOSED DOORS AND OUR PUBLIC HAS NOT KNOWN WHAT HAS TRANSPIRED.

AND I CAN TELL YOU WHAT HAS TRANSPIRED IS TRYING TO GO AND, AND HAVE THE ABILITY.

I KNOW FOR FIDELIS, UH, YOU MADE A LOT OF EFFORT IN TRYING TO HAVE CONTROL.

WHEN IT'S HARD, WHEN YOU'RE TRYING TO BUILD A DEVELOPMENT WITH A BIG HOLE IN THE MIDDLE OF IT.

IF IT'S JC PENNEY'S OR MACY'S, WHOEVER, BUT NOW THAT'S, THAT'S OUT OF THE WAY.

SO A NEW AGREEMENT CAN BE STRUCK.

AND SO THAT'S WHAT I HOPE WE GET TO, I, I'M WILLING TO START FROM A PLACE OF TRUST.

I DO HAVE FAITH THAT YOU CAN DELIVER.

UM, PLEASE, YOU KNOW, PLEASE DO SO.

AND I KNOW, UM, IN, IN PREVIOUS TALKS IN AREAS, I THINK YOU EXPRESSED AREAS THAT YOU MAY NOT HAVE THE EXPERTISE IN.

THEN YOU'RE WILLING TO GO AND, AND, AND FIND TEAM PARTNERS THAT CAN DO SO.

AND SO THAT'S WHERE I'M GONNA START WITH AT THIS POINT.

I'LL ASK COUNSEL TO GO.

UM, YES, WE ARE VOICES OF CITIZENS, REGARDLESS IF IT'S IN OUR DISTRICT OR NOT.

THERE'S SOME AREAS OF OUR CITY THAT ARE JUST COMMON GROUND, SAN JACINTO MALL SANTO MARKETPLACE.

THIS IS, THIS IS, THIS IS CERTAINLY ONE OF THOSE AREAS.

WE ALL HAVE THE SAME INTERESTS.

WE WANT WHAT OUR CITIZENS ARE ASKING FOR AND WHAT THEY'RE DEMANDING.

AND SO I HOPE YOU CAN DELIVER THAT AS SOON AS POSSIBLE.

YES, IT'S BEEN A LONG SIX YEARS OR WHATEVER YOU WANNA CALL IT, BUT NOW WE CAN MOVE FORWARD AND THAT'S WHAT I'M WILLING TO DO, AND I ASK YOU TO DO THE SAME.

OKAY.

JUST A QUICK POINT OF CLARIFICATION, MAYOR.

YES, SIR.

REAL QUICK FROM MS. HORNER, JUST SO WE'RE CLEAR, CURRENTLY, WE, WE DO HAVE AN AGREEMENT IN PLACE, AND SINCE I GUESS THE BENCHMARKS OR THE TIMELINES WEREN'T MET ON THE ORIGINAL CONCEPT, THAT, THAT NOW THE CURRENT, WE DO HAVE A CURRENT AGREEMENT IN PLACE AND IT, IT STIPULATES THAT NOW AN INDOOR MALL MUST BE BUILT OF WHAT SIZE? OH 0.2 MIL.

MAIN FOOTPRINT AS WELL.

OKAY.

SO I JUST TO HELP US AS WE MOVE FORWARD, I MEAN, COULD, COULD, WE, COULD, COULD THAT BE ADDRESSED, MAYOR? IF, IF THERE ARE ACTUALLY ZERO INTENTIONS IS WHAT I WOULD EXPECT, BUT I, I DON'T KNOW.

WE HAVEN'T HEARD ANYTHING TO WHAT THAT CURRENT AGREEMENT SAYS AS FAR AS AN INDOOR MALL GOES.

SO COULD WE AT LEAST HEAR IF THERE'S ANY INTENT OR NOT AS FAR AS THAT GOES ON, ON WHAT THE CURRENT AGREEMENT IS? WOULD THAT BE FAIR TO, TO EVEN INQUIRE ABOUT THAT? BECAUSE WE DO HAVE A CURRENT AGREEMENT THAT, THAT THERE'S DEFAULTS YOU'RE RIGHT.

THAT'S WHAT IT CALLS FOR.

SO CAN, CAN YOU ADDRESS THAT AS ASPECT OF THE CURRENT AGREEMENT? I, I WAS GONNA ASK ALAN AND, AND GLEN TO IF THEY, I MEAN, OBVIOUSLY TO MAKE ANY CLOSING COMMENTS, SO IF YOU WANT THAT TO BE A PART OF THEIR COMMENT, ABSOLUTELY NOT, NOT AS A CLOSING COMMENT, ALAN, I'M SURE WOULD LIKE TO DO THAT.

BUT IS THE QUESTION, WHAT, WHAT IS THE QUESTION AGAIN? WHETHER, WELL, WE, YOU KNOW, WE'VE BEEN HAVING DISCUSSIONS WITH THE CITY, OBVIOUSLY FOR QUITE A LONG TIME ABOUT BUILDING, UM, THE, UH, MAYBE NOT THIS EXACT SITE PLAN.

I UNDERSTAND, AND I HEAR THAT THIS MAY NOT BE THE ONE THAT YOU ALL WANT, BUT THERE'S BEEN NO DISCUSSION WITH THE CITY ABOUT REBUILDING THE INDOOR MALL.

WELL, I, I, I, HE'S TALKING ABOUT A DEEP, THE DEFAULT WHERE IF, IF SOME, IF CERTAIN ASPECTS AND CRITERIA WEREN'T MET, THEN THE DEFAULT, AND YOU CAN CORRECT ME WITH ACTUAL LEGAL LANGUAGE, BUT THE DEFAULT WOULD BE THEN YOU WOULD BE REQUIRED TO BUILD A $1.2 MILLION SQUARE, UM, SQUARE FOOT, UH, 1.2 SQUARE FOOT, UH, MILLION SQUARE FOOT INDOOR MALL.

THAT'S THE DEFAULT.

THAT'S OUR UNDERSTANDING.

IS THAT WHAT OUR CURRENT AGREEMENT STIPULATES MS. HORNER? YES.

OKAY.

THAT'S ALL HIS POINT WAS.

WELL, WELL, I MEAN, I'M ASKING, I MEAN, YOU'RE, YOU'RE ASKING ME FOR MY LEGAL OPINION OF WHAT THE CURRENT AMENDMENT STATES? NO, NOT YOUR LEGAL OPINION.

I MEAN, YOU GUYS ARE, UH, LISTEN, MY POINT IS, THERE WAS AN AGREEMENT STRUCK THAT SAID, IF IF THIS CONCEPT DOESN'T MOVE FORWARD, THEN A 1.2 MILLION SQUARE FOOT MALL MUST BE BUILT.

YOU GUYS SIGNED OFF ON THAT AGREEMENT.

SO MY QUESTION IS, I I DON'T BELIEVE WE'VE EVER BEEN PUT

[01:00:01]

DEFAULT INTO THE AGREEMENT, SIR.

WELL, KAREN, CAN YOU CLARIFY? I MEAN, IT JUST LOOK, IT, IT DOESN'T SEEM LIKE AN ASININE QUESTION IF THAT'S IN THE AGREEMENT CURRENTLY.

WHAT, WHAT IS THE QUESTION? THE QUESTION IS, IS THERE ANY INTENT WHATSOEVER TO BUILD A 1.2 MILLION SQUARE FOOT INDOOR MALL, WHICH IS CURRENTLY STIPULATING? WE'VE NEVER HAD A DISCUSSION WITH THE CITY ABOUT REBUILDING THE MALL.

CAN YOU, CAN YOU CLARIFY THE CURRENT CONTRACT, KAREN, JUST SO WE KNOW, I'M GONNA READ YOU THE, THE PORTION.

HOW CAN YOU NOT KNOW THAT IT IS OKAY, KAREN? PRETTY SURE A YES OR QUESTIONS RELEASE.

MM-HMM .

OKAY.

ARE YOU JUST LOOKING FOR THE CLAUSE THAT DESCRIBES THIS SITUATION? RIGHT.

SO IF YOU CONSENTS ARE OBTAINED THE REDEVELOPMENT OF THE EXISTING MALL, UM, WITH CONSTRUCTION COMMENCING ON A CERTAIN DATE AND COMPLETED ON A CERTAIN DATE, UM, THEY WOULD HAVE TO DO, IF THEY GET IN, GET CONSENTS BY, AND I DON'T HAVE THE LATEST, BUT THIS ONE SAYS MARCH 31ST, 2019, MARCH 31ST, DECEMBER 31ST, 2019.

MM-HMM .

YOU GO, I GUESS IT'S, IT'S NOT, IT'S NOT MEANT TO BE A COMPLICATED QUESTION AT ALL.

IT'S JUST A VERY SIMPLE QUESTION.

WE, WE WERE TOLD THAT ACCORDING TO THE CURRENT AGREEMENT, THAT IF CERTAIN TIMELINES WEREN'T MET ON THE, THE ORIGINAL CONCEPT THAT WAS PRESENTED, THEN IT REVERTS TO YOU GUYS ACTUALLY BUILDING A 1.2 MILLION SQUARE FOOT INDOOR MALL.

NOW, MAYBE WE'VE BEEN GIVEN SOME INCORRECT INFORMATION, BUT IF, IF THAT IS INDEED CORRECT, I'M JUST SIMPLY ASKING, IS THERE ANY INTENT WHATSOEVER? I, I, I WOULD DOUBT IT, BUT IS THERE ANY INTENT WHATSOEVER TO BUILD A 1.2 MILLION SQUARE FOOT MALL, WHICH WE'VE BEEN TOLD THE CURRENT AGREEMENT STIPULATES YES OR NO, OR, OR SOMETHING IN BETWEEN? YEAH, WE, YOU KNOW, WE'VE BEEN HAVING DISCUSSIONS WITH THE CITY ABOUT THIS, UH, WHAT WE PLAN TO BUILD HERE FOR, AS YOU SAY, SIX AND A HALF YEARS.

AND FOR SIX AND A HALF YEARS, WE'VE NEVER CONTEMPLATED REBUILDING THE MALL AS IT STANDS RIGHT NOW, WHEN THE TIME EXPIRED FOR US TO, UH, GET THE CONSENT OF THE DEPARTMENT STORES.

WE HAD ALREADY BOUGHT THE SEARS, WE'D ALREADY BOUGHT THE MARS, WE ALREADY BOUGHT THE SILVER SERVICE MERCHANDISE.

WE ALREADY MADE ALL THOSE IMPROVEMENTS.

WE'RE STILL TALKING TO MACY'S AND JC PENNY AT THAT TIME, UH, THE TIMELINE WAS EXTENDED FOR AT LEAST, UH, ANOTHER SIX MONTHS OR SO.

THAT TIME WENT AND PASSED.

WE WERE STILL NEGOTIATING WITH THE CITY.

I MEAN, THE CITY, YOU, YOU, YOU GUYS CAN SAY HOWEVER YOU FELT ABOUT IT, BUT WE FELT LIKE THE CITY WASN'T, UH, ENFORCING THE CONTRACT AGAINST US FOR THE 3.25 MILLION.

SO THERE'S NEVER A

[01:05:01]

CONTEMPLATED TO US.

WE NEVER WENT BACK TO THE DRAWING BOARD AND DECIDED, WELL, LET'S BUILD THE MAL BACK.

I DON'T KNOW IF THAT ANSWERED YOUR QUESTION, BUT IT JUST HAS NEVER BEEN A DISCUSSION.

SO, SO YOUR ANSWER DOES ANSWER MY QUESTION.

UH, I GUESS BASED ON YOUR ANSWER TO MY QUESTION, I, I'M SURPRISED THAT THAT WAS EVEN PART OF THE CONTRACT THEN.

BUT, BUT THAT'S ALL.

I DO APPRECIATE IT.

IT WASN'T MEANT TO BE A DIFFICULT QUESTION, SO I APOLOGIZE.

OKAY.

ANY OTHER QUESTIONS? NOT, MR. HAS HAVE SOME CLOSING COMMENTS.

YES.

THE TIME WAS DECEMBER 31ST, 2019, NINE, NOT MATT MARSH.

WELL, I, I GUESS IN CLOSING, , YEAH, THERE'S A LOT OF FRUSTRATION.

WE HAVE, THE CITY HAS EIGHT AND A HALF MILLION.

WE HAVE OVER 40 MILLION IN IT, AND WE PUT A LOT OF MONEY AND A LOT OF TIME.

UH, WE HAVE 16 MILLION SQUARE FEET OF PROPERTY.

THIS IS ONE PROJECT.

WE HAVE ALMOST A HUNDRED PROJECTS.

UH, WE GOT INTO THIS BACK IN, IN 2015 WITH MAYOR STEVEN DON CARLOS.

'CAUSE HE ASKED US TO BUY THIS FROM BOB YAARI.

THAT'S WHY WE DID IT.

WE WANT, WE KNEW IF BOB YAARI KEPT IT, WE KNEW BOB YAARI, WE KNOW WHO HE IS.

WE DEALT WITH HIM.

NOTHING WOULD EVER HAPPEN.

AND WE THOUGHT IT WAS A GREAT PIECE OF REAL ESTATE, AND WE WANTED TO DO SOMETHING FOR THE CITY.

UH, THIS HAS TAKEN A LOT LONGER THAN WE HOPED IT WOULD.

THIS HAS TAKEN A LOT LONGER THAN YOU HOPED IT WOULD.

UH, WE WANT TO DELIVER A GREAT PRODUCT TO THE CITIZENS OF BAYTOWN.

I LIKE COMING TO BAYTOWN.

IT REMINDS ME OF MY HOMETOWN.

IT REMINDS ME OF WHERE I GREW UP.

I ENJOY IT.

I LIKE COMING OUT HERE.

I WANNA DO THE BEST WE CAN FOR YOU GUYS IN THIS CITY.

UM, AND WE INTEND TO DO THAT.

IT, IT, IT SADDENS ME THAT, UH, ONE OF YOUR COUNCIL MEMBERS SAID HE DOESN'T THINK WE CAN DO IT.

AND THE OTHER COUNCIL MEMBERS HAVE SAID, YOU DON'T TRUST US.

THOSE ARE TWO THINGS THAT HIT ME HARD WHEN I WAS SITTING THERE.

I, I DON'T UNDERSTAND THAT THOUGHT PROCESS.

UH, WE'VE COME OUT HERE EVERY SINGLE TIME THAT YOU'VE ASKED US TO.

WE'VE GOTTEN IN FRONT OF YOU EVERY TIME WE'VE, UH, YOU'VE WANTED US TO.

AND IT'S ALMOST, IT MADE, IT'S EMOTIONAL TO ME.

UM, WE HAVE SPENT SIX AND A HALF YEARS TRYING TO GET RECALCITRANT TENANTS AND OPERATORS WHO WOULD NOT DO ANYTHING FOR US TO FINALLY DO SOMETHING FOR US.

WE, I I COME OUT HERE AND, AND TELL YOU GUYS, HONESTLY, THIS IS A VICTORY TO GET THIS.

THERE ARE 400 MALLS IN AMERICA THAT AREN'T CLOSE TO THIS.

DEAD MALLS THAT ARE GONNA STAY DEAD FOR THE NEXT 10 TO 15 YEARS.

THIS ONE IS NOT ANYMORE.

SO, UM, I'M SADDENED THAT IT KIND OF HAS TAKEN THIS TURN, BUT, UH, WE'RE, WE'RE, WE'RE EXCITED.

WE WANT TO DO THIS STILL.

WE WANT TO GIVE YOU A, A PROJECT YOU CAN BE PROUD OF.

WE WANT PEOPLE TO BE HAPPY THAT THIS IS GOING ON.

AND AS WE TALK TO THE CITY AND CONTINUE TO TALK TO THE CITY, IF, IF PEOPLE DON'T TRUST US AND THEY DON'T THINK WE CAN PERFORM, WE'LL HAVE THAT DISCUSSION.

SO, UNFORTUNATELY, BECAUSE THIS IS A VERY GOOD TIME, THAT MALL IS READY TO BE DEVELOPED.

EVERYBODY IS BOUGHT OUT AND, AND READY.

THERE'S A CLEAN SLATE.

SO YOU ALL NEED TO UNDERSTAND THAT WE UNDERSTAND IT.

IT'S A GOOD THING.

THANK YOU FOR LETTING US GO.

THANK YOU FOR COMING.

AND, AND, AND I WOULD AGREE, I THINK AT THE END OF THE DAY, AS THINGS I LOOK AT, I LOOK AT WHAT'S BEEN DELIVERED.

I HAVE TO LOOK AT WHAT HAS BEEN DELIVERED, UH, AT THIS POINT, AND THEN, AND AS A CLEAN SLATE.

AND THAT'S WHERE I'M WILLING TO START.

I KNOW.

AND I, I BELIEVE THAT'S WHERE OUR CITIZENS ARE WILLING TO START.

SO I ASK YOU TO DO THE SAME AS COUNSEL TO DO THE SAME THING.

AND I JUST HAVE A FINAL QUESTION.

WE'RE GONNA, WE'RE GONNA GO AHEAD AND LEAVE IT.

JUST, JUST ONE QUICK, QUICK ONE.

NO, I'M SORRY.

I'M SORRY.

LET'S JUST, LET'S, AND I WAS ONE OF THE MEMBERS THAT DID RECOGNIZE TO STICK TO IT.

THIS IS WHAT I CALLED.

SO, YOU KNOW, LIKE I SAY, I, I, I, I, I THINK, YOU KNOW, MAYBE A LITTLE HASTY THERE IN, IN SOME OF YOUR CONCLUSIONS, BUT WE'RE, WE'RE, WE'RE, UH, I THINK THERE WAS A CONSENSUS THAT'S STILL HOPING FOR THE BEST.

SO HOPEFULLY WE CAN GET THERE.

SORRY, MAYOR.

ALL RIGHT, WE'RE GONNA MOVE FORWARD.

WE'RE GOING BACK TO ITEM THREE A, SET THE PUBLIC.

ALRIGHT.

IT IS SEVEN THIRTY NINE.

SO NOW I'LL CALL THE ORDER OF THIS PUBLIC HEARING REGARDING THE PROPOSED ADOPTION OF A SCHEDULED DRAINAGE CHARGES FOR THE CITY OF MUNICIPALS DRAINAGE UTILITY SYSTEM.

AND I WOULD LIKE TO REQUEST STAFF TO SUMMARIZE THE SUBJECT MATTER OF THIS PUBLIC HEARING.

THANK YOU, MAYOR AND COUNSEL, MERWIN BURDEN WITH PUBLIC WORKS ENGINEERING, UH, DEPARTMENT.

UM, THIS ITEM IS PROPOSING A, UH, AMENDMENT TO STORMWATER FEE, WHICH IS ON YOUR WATER BILL.

UH, IT'S A DIVISION THAT'S PROPOSING TO REVISE IT FROM THREE, THE EXISTING

[01:10:01]

$3, UH, TO $4 PER RESIDENTIAL UNIT.

THE, UH, FEE SCHEDULE YOU'RE LOOKING AT IS ACTUALLY THE COMMERCIAL COMPONENT, WHICH IS BASED ON THE IMPERVIOUS COVER, WHICH IS PAVEMENT, ROOFS, AND PARKING OF, UH, COMMERCIAL BUSINESSES, WHICH IS, UH, PRORATED AMOUNT BASED ON THE RESIDENTIAL UNIT.

AND, UH, WE TRIED TO, WE WORKED VERY HARD TO MAKE THIS LITTLE EASIER TO READ, BELIEVE, TO FOLLOW.

AND WE HOPE IT'S, UH, A LITTLE BIT CLEANER FOR YOU.

OKAY.

OH, AND ONE OTHER THING.

IT WAS, UM, THIS WAS ALSO DISCUSSED IN THE, UH, BUDGET HEARINGS AND WAS PART OF THE CURRENT BUDGET.

OKAY.

SO I, UH, THERE BEING NO ONE DESIRE TO SPEAK THIS OR SIGNED UP TO SPEAK, AND I'LL CLOSE THIS PUBLIC HEARING CONCERNING, UH, REGARDING THE, THE PROPOSED ADOPTION OF THE SCHEDULE OF DRAINAGE CHARGES FOR THE CITY OF MUNICIPAL DRAINAGE UTILITY SYSTEM.

SO MOVE ON TO

[b. Consider an ordinance amending Chapter 98 "Utilities," Article VI "Stormwater," Division 1 "Generally," Section 98-473 "Municipal Drainage Utility System Charges," Subsection (a) "Fees" of the Code of Ordinances, Baytown, Texas, to amend the schedule of drainage charges for the City's Municipal Drainage Utility System.]

ITEM THREE B.

CONSIDER ORDINANCE AMENDING CHAPTER 98 UTILITIES ARTICLE, UH, SIX STORMWATER DIVISION ONE, GENERALLY SECTION 98 DASH 4 73.

MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES SUBSECTION A FEES OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO AMEND THE SCHEDULE OF DRAINAGE CHARGES FOR THE CITY'S MUNICIPAL DRAINAGE UTILITY SYSTEM, UH, TO ENTERTAIN A MOTION FOR APPROVAL.

SO MOVED.

SECOND.

MOTION.

SECOND.

ANY QUESTIONS OR COMMENTS? ANY COMMENTS? YES, SIR.

AND I'M PROBABLY ONE OF THE MOST FAMILIAR ON COUNSEL ABOUT THE STORMWATER FEES.

UM, AND I TRULY DO SUPPORT RAISING IT THE DOLLAR.

BUT, UM, ONE OF THE THINGS I'M GONNA KEEP EMPHASIZING, WHICH IS WHAT I HEARD FROM MY CONSTITUENTS IN DISTRICT SIX, IS, YOU KNOW, THE DITCH MAINTENANCE, UM, AND CONSTRUCTION OF THOSE TYPE THINGS.

UM, WHEN ENGINEERING GAVE THEIR PRESENTATION AS FAR AS THE, THE DOING A-A-C-I-P TYPE REVIEW FOR STORMWATER, I DON'T KNOW IF THAT'S COMPLETED YET.

I KNOW THEY'RE WORKING ON IT.

UM, YOU KNOW, MY DISTRICT WAS PROBABLY THE HEAVIEST IMPACTED BY THE STORMWATER ISSUES.

AND, AND THEN LAURA'S DISTRICT, UH, DISTRICT, UH, ONE IS PROBABLY SECOND, AND THEN COUNCILMAN, UH, PRESLEY'S NEXT, AND THEN COUNCILMAN JOHNSON'S, UM, LAURA AND, AND, UH, JACOB ARE HIGH ENOUGH OUT THAT THEY DON'T DEAL WITH IT TOO MUCH.

? NO, NO, NO, NOT REALLY.

Y'ALL, Y'ALL HAVE ISSUES.

WE HAVE ISSUES ALL OVER TOWN, SO THIS IS GONNA HELP QUITE A BIT, BUT I JUST WANT TO KEEP EMPHASIZING, CLEARING THE DITCHES AT THE BOTTOM END WORKS BETTER THAN CLEARING THE DITCHES AT THE TOP END.

UM, JUST KEEP THAT IN MIND.

UM, I GET CALLS FROM MY CONSTITUENTS WHEN THEY SEE THAT CREW OUT THERE WORKING IN DITCHES.

THEY'RE JUST, AS YOU THINK IT WAS CHRISTMAS OR EASTER.

THEY'RE JUST EXCITED TO SEE 'EM DIGGING THOSE THINGS OUT.

SO THAT'S ALWAYS A GOOD THING.

SO AGAIN, YOU KNOW, I SUPPORT IT.

I HELPED IMPLEMENT THIS MANY YEARS AGO IN THE CITY.

SO, UM, I, I THINK IT'S A GOOD MOVE.

UH, IT ALSO LEVERAGES US SO WE CAN GET SOME MAJOR PROJECTS WITH HARRIS COUNTY, WHICH IS TIME TO GET THEM TO STEP UP AS WELL.

SO THAT'S A GOOD THING.

OKAY, THANK YOU SIR.

THANK YOU.

SO WE HAVE A MOTION TO SECOND ALREADY ON THIS ITEM.

SO, UH, ANY ADDITIONAL COMMENTS, IF NOT ALL THOSE IN FAVOR? ITEM THREE B IS PRESENTED, PLEASE SAY AYE.

AYE.

POST, GO ON TO ITEM

[a. Consider an ordinance for the second and final reading of the proposed annexation of approximately 59.25 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10.]

FIVE A, CONSIDER AN ORDINANCE FOR THE SECOND AND FINAL READING OF THE PROPOSED ANNEXATION OF APPROXIMATELY 59.25 ACRES OF LAND LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF SHO LANDER ROAD AND INTERSTATE 10, MISS LINDER.

GOOD EVENING.

FRANCESCA LINDER PLANNING AND DEVELOPMENT SERVICES DEPARTMENT.

UM, JUST LIKE ITEM TWO, UH, ITEMS FIVE A THROUGH FIVE D ARE ALL RELATED.

UH, A AND B ARE BOTH FOR THE ANNEXATION AND C OR D ARE RELATED TO THE ZONING.

UM, YOU HAVE SEEN, UH, THIS 59.25 ACRES PREVIOUSLY, YOU'VE HELD TWO PUBLIC HEARINGS ON THE MATTER.

UM, JUST A NOTE THAT THE 59.25 ACRES, UH, HAS ACTUALLY BEEN SPLIT INTO TWO TRACKS.

AND FOR THE ZONING, WE WILL ONLY BE LOOKING AT THE, UH, EASTERN PORTION, WHICH IS ABOUT 34 ACRES.

WITH THAT BEING SAID, THIS 59.25 ACRES, UH, DOES HAVE A, UH, DEVELOPMENT AGREEMENT FROM 2017, WHICH BASICALLY EXTENDED ANNEXING IT INTO THE CITY OF BAYTOWN, UH, FOR A PERIOD OF SEVEN YEARS OR UNTIL READY FOR DEVELOPMENT.

AT THIS TIME, WE HAVE RECEIVED A PETITION, UM, FOR THE ANNEXATION OF IT, AND, UH, WE'RE READY TO MOVE FORWARD.

WE'RE ALSO LOOKING TO PLACE IT INTO COUNCIL DISTRICT FIVE.

I'M READY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

OKAY.

OH, SORRY.

UH OH FIVE C OH, YES.

OKAY.

OKAY.

SO WE HAVEN'T FIVE A, SO I GUESS I ENTERTAIN A MOTION FOR MR. MOVE TO APPROVE FIVE A.

ALRIGHT, A MOTION, SECOND.

SECOND.

ANY QUESTIONS, COMMENTS? NOT ALL THOSE.

UH, IN ALL THOSE, UM, IN FAVOR, PLEASE VOTE.

[01:15:01]

AYE.

AYE.

AYE.

OPPOSED? WE WANT TO ITEM FIVE B IN ORDINANCE,

[b. Consider an ordinance adding the newly annexed properties generally described as approximately 59.25 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10, into Council District No. 5.]

ADDING THE NEWLY ANNEXED PROPERTIES GENERALLY DESCRIBED AS APPROXIMATELY 59.25 ACRES OF LAND THAT I JUST DESCRIBED AT THE SAME PLACE IN DISTRICT NUMBER FIVE.

SO I'D ENTERTAIN A MOTION FOR FIVE B, MOVE TO APPROVE FIVE B.

SECOND MOTION.

SECOND.

ANY QUESTIONS OR COMMENTS? IF NOT ALL THOSE IN FAVOR, PLEASE, UH, VOTE IN FAVOR OF FIVE B AYE.

AYE.

AYE.

THOSE OPPOSED? AYE.

ALL

[c. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 34.07 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10 from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District.]

RIGHT.

WE GOT, UH, ITEM FIVE C CONDUCT A PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 34.7 ACRES OF LAND LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF SLANDER ROAD INTERSTATE 10 TO OH FROM OR TO, UH, FROM ZONING DISTRICT TO A LIGHT INDUSTRIAL ZONING DISTRICT.

MS. LINDER? YES.

HOLD ON, LET ME, LET ME OPEN THE MEETING AND THEN I'LL GET TO YOU.

SORRY.

SO IT IS NOW 7:45 PM AND NOW CALLED ORDER THIS PUBLIC HEARING CONCERNING THE REQUEST TO AMEND THE OFFICIAL ZONING MAP TO ARIZONA APPROXIMATELY 34.07 ACRES OF LAND LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF SLANDER ROAD AT INTERSTATE 10 FROM OR ZONING DISTRICT TO LI ZONING DISTRICT.

I'LL NOW LIKE YOU TO GO AHEAD AND SUMMARIZE THE SUBJECT MATTER.

THANK YOU.

UH, SO AS I, UH, PREVIOUSLY STATED, THIS IS JUST FOR THE 34.07 ACRES, UH, WHICH IS ON THE EASTERN SIDE OF THIS PROPERTY.

IT'S EAST OF A GULLY THAT SPLITS THIS PROPERTY.

UM, THE APPLICANT HAS REQUESTED, UH, LIGHT INDUSTRIAL FOR THIS TRACT, UM, WHICH IS ALSO ADJACENT TO ABOUT A 200 ACRE TRACT THAT IS ALSO LIGHT INDUSTRIAL.

UH, THE APPLICANT HAS BOTH UNDER CONTRACT.

THEY ARE LOOKING TO DEVELOP THIS AREA AS, UH, MOSTLY FOR STORMWATER DETENTION FOR A, UH, LOGISTICS CENTER FOR THE AREA, THE PROPERTY TO THE EAST, EXCUSE ME, THE PROPERTY TO THE WEST IS GOING TO REMAIN, OR WE HAVE NOT RECEIVED A APPLICATION FROM THAT PROPERTY OWNER TO BE REZONED.

SO WE ARE ONLY LOOKING AT THIS 34 ACRES THAT FRONTS ONTO INTERSTATE 10 AND DOES NOT HAVE ACCESS TO SLANDER.

UH, A COUPLE THINGS TO NOTE.

LIKE I SAID, THEY'RE LOOKING TO MOSTLY DEVELOP THIS AS RETENTION ALONG THE GULLY.

ALSO, THERE IS A OFF RAMP AND AN ON RAMP ON THE FEEDER ROAD IN FRONT OF THIS 234 ACRE DEVELOPMENT, AS WELL AS A U-TURN, A DEDICATED U-TURN LANE AT SHO.

AND WITH A COMBINATION OF THIS, IT SHOULD KEEP, UM, TRUCK TRAFFIC GOING TO THE SITE, UH, OFF OF THE SHO LANDER, UH, SHO LANDER TRAFFIC LIGHT.

OKAY.

THAT BEING SAID, THE PROPERTY OWNER IS HERE.

UM, THEY WOULD LIKE TO, EXCUSE ME, THE APPLICANT IS HERE.

THEY WOULD LIKE TO, UH, PRESENT, UH, MORE INFORMATION ABOUT THE PROPOSED DEVELOPMENT AS WELL AS ANSWER ANY QUESTIONS.

I'M ASSUMING, IS THAT DON DENNIS? YES.

OKAY.

BUT DID YOU WANNA PRESENT BECAUSE THE PUBLIC HEARING, I DON'T REALLY HAVE, UH, WELL, I, I'M HAPPY TO TALK TO IT IN THE PUBLIC HEARING AND PRESENT WITH IT.

I'M HERE TO ANSWER ANY QUESTIONS THAT YOU HAVE.

WELL, I, I, I WOULD, I MEAN, I GUESS UNLESS WE HAVE QUESTIONS, THERE'S NO NEED FOR A PRESENTATION.

GOOD.

WOULD BE, WOULD BE MY, MY TAKE THAT THAT WAS WHAT WE THOUGHT AS WELL.

I WASN'T SURE OF THE PROCESS, BUT I'M HERE TO, WE'RE TRANSPARENT.

WE'LL ANSWER ANY QUESTIONS YOU HAVE.

OKAY.

SO I GUESS, UM, 'CAUSE YOU'RE THE ONE THAT WAS SIGNED UP TO SPEAK CORRECT.

BUT UNLESS COUNSEL HAS ANY QUESTIONS.

OKAY.

NO, THEY'RE NOT THEN.

THANK YOU.

THANK YOU.

OKAY, SO THAT, LEMME CLOSE THE PUBLIC HEARING AND WE'LL MOVE ON.

UH, I BELIEVE THE NEXT ITEM IS, THIS IS WHERE WE CAN DISCUSS IT.

UH, YES.

AND I JUST WANTED TO ADD AS WELL THAT STAFF AND PLANNING AND ZONING COMMISSION COMMEND APPROVAL OF THIS.

ALRIGHT.

THANK YOU MA'AM.

SO THERE BEING NO ONE ELSE DESIRE TO SPEAK ON.

NOW, CLOSE THIS PUBLIC HEARING CONCERNING THE REQUEST.

AMEND THE OFFICIALS ZONING MAP TO ZONE APPROXIMATELY 34.07 ACRES OF LAND FROM OR ZONING DISTRICT TO LI ZONING DISTRICT.

SO

[d. Consider an ordinance concerning a proposed amendment to the official zoning map to rezone 34.07 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10 from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District.]

WE'LL MOVE ON TO ITEM, UH, FIVE D CONCERNING ORDINANCE, UH, CONCERNING A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE, UH, THE LAND I JUST DESCRIBED FROM OR TO LI.

SO ENTERTAIN A MOTION FOR APPROVAL FOR, UH, FIVE D, MOVE TO APPROVE FIVE D.

SECOND.

MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS? I JUST WANNA MAKE A COMMENT.

YES, SIR.

UM, DID HEAR FROM SOME CONCERNED CITIZENS ON THIS, UM, WHO WERE SPECIFICALLY CONCERNED ABOUT TRAFFIC ON NEEDLE POINT, BUT I JUST WANT TO REITERATE WHAT WAS STATED THAT, THAT ALL OF THE TRUCK TRAFFIC WILL REMAIN ON THE, THE FEEDER ROAD.

UM, AND I DO THINK FOR THIS AREA, UM, BEING RIGHT ACROSS FROM A CHEMICAL PLANT, UH, YOU KNOW, LIGHT INDUSTRIAL IS, UM, I, I THINK A GOOD USE OF THAT AREA.

I DON'T THINK YOU'RE GONNA GET ANYTHING RESIDENTIAL OR ANYTHING LIKE THAT, THAT CLOSE TO A PLANT.

SO I RIGHT.

I AGREE THAT, THAT LI WORKS IN THAT AREA.

ALRIGHT, THANK YOU COUNCILMAN.

OKAY, ANY ADDITIONAL COMMENTS, QUESTIONS, IF NOT, ALL THOSE IN FAVOR? ITEM FIVE D PLEASE SAY, AYE.

ALL THOSE POST ITEM CARRIES.

MOVE ON TO FIVE.

EXCUSE ME.

YES.

[a. Conduct a public hearing concerning a request for a Special Use Permit for a proposed rail yard on approximately 5.77 acres, generally located north and south of Needlepoint Road and approximately 6,000 feet east of Sjolander Road.]

OH, EXCUSE ME.

SIX A.

SO SIX A WILL CONDUCT A PUBLIC HEARING.

OH, WE'RE GONNA CONDUCT A PUBLIC HEARING.

ARE THESE ALL? OKAY.

[01:20:01]

SO IT IS NOW 7:49 PM AND I'LL CALL THE ORDER OF THIS PUBLIC HEARING CONCERNING A REQUEST REQUEST FOR A SPECIAL USE PERMIT FOR PROPOSED RAIL YARD ON APPROXIMATELY 5.77 ACRES.

GENERALLY LOCATED NORTH AND SOUTH ANITA POINT ROAD AND APPROXIMATELY 6,000 FEET EAST OF SHOWN IN ROAD.

I NOW WOULD LIKE STAFF TO SUMMARIZE THE SUBJECT MATTER OF THIS PUBLIC HEARING.

UH, GOOD EVENING.

M AND COUNSEL, THIS ITEM IS FOR A SPECIAL USE PERMIT FOR 9,300 NEEDLE POINT.

UH, THE SPECIAL USE PERMIT IS, UH, ONLY FOCUSED ON 5.77, UH, ACRES OF THE PROPERTY.

UH, IT'S A 61 CAR RAIL YARD, UM, TO HOUSE, EMPTY RAIL CARS TO BE FILLED.

UM, THERE WILL BE FOUR TRACKS, TWO DROP IN POOLS TO HOUSE EMPTY CARS, AND THEN IMMEDIATELY REMOVING THE, UH, FULL CARS, UM, AVAILABLE IF THERE ARE ANY QUESTIONS.

THE APPLICANT IS ALSO HERE TO PRESENT ADDITIONAL INFORMATION REGARDING THE PROJECT.

OKAY.

SO ON THIS ITEM, UH, THERE'S THREE INDIVIDUALS THAT DID SIGN UP TO SPEAK, BUT ONCE AGAIN, UNLESS WE HAVE SOME ADDITIONAL COMMENTS OR ANY COMMENTS FROM COUNSEL, BUT I DO HAVE, UH, BRANDON, IS IT MU MUER? MUER? YES.

MUER.

OKAY.

UH, BRANDON, UH, GUILLORY? YES, SIR.

ALRIGHT.

AND, UH, STEPHANIE, IS IT BREYERS? VERY PRETTY WRITING ALMOST TOO PRETTY? I CAN'T READ.

ITS YES, SIR.

BREYERS.

OKAY.

THAT IS A VERY FANCY, THAT'S A VERY, SOME VERY FANCY RIDE.

THANK YOU, .

ALL RIGHT.

ANY, ANY QUESTIONS, UH, FOR STAFF OR, UH, DEVELOPERS? YES, SIR.

UH, THE RAIL CARS THAT ARE GONNA BE U USED HERE, ARE ANY OF THEM GONNA BE STORED THERE FULL FOR AN EXTENDED PERIOD OF TIME? UH, I BELIEVE THE APPLICANT CAN DIVE A LITTLE BIT FURTHER INTO THIS MM-HMM .

BUT NO, SIR, THE ONLY REASON THAT THE RAIL CARS, UH, WOULD BE STORED FOR ANY PERIOD OF TIME IS IF THERE WAS SOME SORT OF, UM, NATURAL DISASTER, HURRICANE OR SOMETHING OF, OF THAT SORT THAT, UH, UNION PACIFIC WOULD STOP MOVING RAIL CARS.

UM, THEY PROBABLY FILL THE RAIL CARS, UM, YOU KNOW, MAYBE 20,000 GALLONS AT A TIME MM-HMM .

WHATEVER THEIR TANKS HOLD.

SO AS THEY FILL, AS THEY PRODUCE, THEY FILL, AS THEY DROP OFF NEW, THEY TAKE MM-HMM .

UH, WITH THEM WHAT, WHAT'S FILLED.

BUT I THINK THE APPLICANT CAN PROBABLY EXPLAIN THAT IN A LITTLE GREATER DETAIL.

OKAY.

BRANDON MUSSER, UH, BROOKS OR TEXAS, UH, WITH RITD? UH, TO DIRECTLY ANSWER YOUR, YOUR QUESTION, NO.

SO THE INTENT IS NOT TO STORE ANYTHING THERE FOR ANY LENGTH OF TIME.

WE, UH, BECAUSE OF THE NATURE OF THE RAIL BUSINESS AND BECAUSE WE HAVE TWO RAILROADS, UNION PACIFIC AND BURLINGTON NORTHERN THAT SERVE OUR SITE, WE HAD TO HAVE VERY SPECIFIC DEDICATED TRACKS THAT DO CERTAIN THINGS.

HE INDICATED DROP AND PULL.

THINK OF THAT AS THE MAILBOX CARS BEING DROPPED OFF, CARS BEING PICKED UP.

SO IN ANY, ANY GIVEN TIME OUT OF TWO TRACKS ONLY ONE'S IN USE, BECAUSE THE UP OR THE BNS GONNA USE THE OTHER ONE, PICK UP THE OUTBOUND CARS FROM THE FIRST TRACK INTO PARK.

UH, WE ADDED EXTRA CAPACITY BECAUSE IF YOU, WE LIVE IN A TROPICAL ENVIRONMENT, WE, WE HAD FREEZES WHO WOULD'VE THOUGHT YEARS AGO WE'D HAVE 'EM LIKE WE DO NOW, BUT WE HAVE SERVICE INTERRUPTIONS AND IT'S, IT'S, IT'S SAFER FOR THE PLANT TO CONTINUE TO OPERATE AT A RATEABLE PACE RATHER THAN TRY TO DO STARTS AND STOPS.

MM-HMM .

BECAUSE OF SERVICE INTERRUPTION.

SO THE CAPACITY GIVES US A SURGE IN THE ABILITY TO MAINTAIN SAFETY AND DO THINGS RIGHT AND, AND THEN RESUME OPERATIONS WHEN THE, UH, THE RAILROADS RESUME THEIR OPERATIONS.

OKAY.

I, I'M GLAD TO HEAR THAT THEY GAVE CONSIDERATION TO START AND START UP AND SHUT DOWN OF THE PLANT BECAUSE THOSE ARE THE MOST DANGEROUS TIMES IN THE PLANT FACILITY.

THAT'S CORRECT.

SO TO HEAR THAT YOU, YOU'RE DEVELOPING IT WITH THE CAPACITY, SO YOU WOULDN'T HAVE TO DO THAT, ESPECIALLY, UM, IN THAT LOCATION.

I'M GLAD TO HEAR THAT.

I'M ALSO GLAD TO HEAR THAT IT WAS NOT, IT IS NOT BEING PLANNED, UM, FOR THEM TO BE LOADED AND JUST SITTING THERE FOR NO REASON AT ALL.

UM, THAT'S, I THANK YOU FOR THAT.

YES, SIR.

YES MA'AM.

MAYBE YOU ALREADY SAID THIS AND I JUST MISSED IT.

UM, ARE YOU BUILDING A RAIL YARD TO TAKE IN THE EXISTING, UH, TRAFFIC OR ARE YOU ADDING CARS TO THAT LINE TODAY? THERE IS, TODAY WE ARE SHIPPING ALL OF THIS PRODUCT.

NUMBER ONE.

IT'S ALREADY ON SITE IN THE SPHERE.

NUMBER TWO, IT'S BEING SHIPPED BY TRUCK OUTBOUND ABOUT 2100 TRUCKS A YEAR.

THE PURPOSE OF THIS IS TO TAKE THOSE TRUCKS OFF THE ROAD, PUT 'EM IN RAIL CARS, IT'S, UH, TWO CARS PER DAY, UH, AT A RATE OF LOADING OF TWO CARS PER DAY, AND THEN SHIP THOSE CARS NORTH, UH, FROM THE LOCATION, ALL TRAFFIC FOR THE UP AND THE BEING TRAVELS DUE NORTH OUT OF, UH, THE CITY OF BAYTOWN.

SO THAT'S THE REASON WE'RE DOING THIS, IS TO, UH, IT'S MUCH SAFER TO SHIP BY RAIL THAN BY TRUCK.

AND SO THAT'S THE PURPOSE OF IT.

YOU'RE YOU'RE ADDING CARS.

YES, MA'AM.

RIGHT.

OKAY.

YES, MA'AM.

THE REASON I MAKE THAT COMMON IS 'CAUSE THIS IS AN EXTREMELY CONGESTED RAIL LINE AND UNION PACIFIC IS HIGHLY UNDER-REGULATED.

UM, THERE, THERE ARE NEIGHBORHOODS AND, UM, THAT

[01:25:01]

ARE JUST CONSTANTLY BLOCKED IN BY THE ENORMOUS LONG LINES OF RAILS, CARS THAT THIS LINE HAS.

I'M JUST, I'M SURPRISED IT CAN TAKE ANY MORE CAPACITY.

UH, YES, WE'VE HAD OTHER CONVERSATIONS IN PREVIOUS MEETINGS MM-HMM .

WITH, WITH, UH, SOME OF THESE COUNCIL MEMBERS.

UH, WELCOME TO THOSE THAT ARE NEW.

I'M GLAD TO, TO MEET YOU GUYS.

YES.

THE, UH, THE NATURE OF TRAFFIC THROUGH HOUSTON, WE'VE TALKED, UH, THROUGH BAYTOWN IS VERY CIRCULAR AND IN MOTION, AND CARS CAN MOVE THROUGH IN A COUNTER CLOCKWISE MOTION AT ANY GIVEN TIME.

THEY'RE JUST, THEY'RE MOVING THROUGH.

THE PURPOSE OF ADDING THE CAPACITY HERE IS TO TAKE THE CARS STRAIGHT TO US, HOLD THE CARS UNTIL THE LOADED, DEPART 'EM STRAIGHT NORTH WITHOUT HAVING UNNECESSARY, UNNECESSARY MOVES TO OTHER STORAGE FACILITIES TO HOLD THE EMPTIES.

SO THAT WAS THE REASON FOR, AGAIN, FOR ADDING THE EXCESS CAPACITY IN ORDER TO MINIMIZE THE INTERRUPTION.

ONE STOP, DROP IT OFF, PICK UP DEPART NORTH THROUGH MONT BELLEVUE AND UP TO DATE, AND THEN ULTIMATELY BACK TO HOUSTON.

SO I, I JUST GOT A FEW QUESTIONS.

UM, WELL, FIRST COMMENT, I MEAN, I'M, I'M GLAD TO SEE THAT MANY TRUCKS TAKEN OFF THE ROAD.

UM, WE, YOU KNOW, I HEAR A LOT OF 1 46 I 10, WE HEAR A LOT ABOUT THE TRUCK TRAFFIC.

UM, I THINK I, I SAW IN YOUR, UH, APPLICATION, UM, ONE OF THE CONCERNS IS NOISE.

THE SOUND THERE WITH A COUPLE NEIGHBORHOODS NEARBY.

IT LOOKED, CORRECT ME IF I'M WRONG, BUT IT LOOKED LIKE YOU STATED IN THERE YOU WOULDN'T DO ANY SWITCHING AT NIGHTTIME AND YOU WOULDN'T DO THE KICKING, I GUESS IS WHAT IT'S CALLED, WHERE A LOT OF THE MM-HMM .

SO THOSE TWO THINGS WILL HELP WITH SOUND FROM WHAT I'M READING IN THE APPLICATION.

UM, SOME OTHER PEOPLE HAD SOME, SOME ENVIRONMENTAL CONCERNS JUST WITH THOSE NEIGHBORHOODS CLOSE BY.

DID THAT PROPERTY FLOOD IN HARVEY OR WHERE YOU BILLED IT UP TO ACCOUNT FOR THAT? I MEAN, IT IS PRETTY CLOSE TO CEDAR BIO, SO I, SO I'M, I'M NOT SURE IF THAT PROPERTY FLOODED DURING HARVEY.

IT DID.

UM, I GOT IT .

OKAY.

I WAS, I WAS TRYING TO BE NICE AS LONG AS I COULD.

HEY, STEPHANIE BREYERS, UM, I'M ACTUALLY FROM DAYTON, SO I WORK AT THE BAYTOWN FACILITY AND YES, THE BACK NEAR THE, I'M LOOKING AT THE SITE MAP, SO THIS IS PERFECT.

SO NEAR THE CEDAR BAYOU AREA, AND OF COURSE ON THE I 10 AREA, IT DID ACTUALLY HAD MORE FLOODING THAN THE BACK, THE SOUTH OF NEEDLE POINT.

WE DID NOT SEE THE FLOODING THAT WE THOUGHT WE WOULD SEE ON THAT END.

WE SAW MORE SO ON THE NORTH END, THAT'S WHERE WE SAW THE FLOODING.

OKAY.

AND, AND I MEAN, MAYBE THIS IS A QUESTION FOR, FOR THE CITY, BUT I MEAN, I KNOW WHEN WE BUILD A, IF SOMEONE BUILDS A NEW RESIDENCE, THERE'S, THERE'S AN ELEVATION THEY HAVE TO MEET.

BUT DO WE CONTROL THAT FOR RAIL? I MEAN, WOULD WE KNOW THAT THIS IS GONNA BE BUILT ABOVE RIGHT? THE THE FLOOD PLAIN? YEAH.

TYPICALLY STRUCTURES LIKE THIS DON'T HAVE TO MEET FLOODPLAIN REQUIREMENTS, BUT ANYTHING, UH, CONSTRUCTION WISE THAT WAS REQUIRING A PERMIT THROUGH THE CITY WOULD GO THROUGH OUR FLOOD PLAIN ADMINISTRATOR.

OKAY.

TO ENSURE COMPLIANCE.

OKAY.

YEAH, I WOULD JUST WANNA MAKE SURE THAT, OBVIOUSLY IF WE HAVE ANOTHER FLOOD LIKE HARVEY, THAT THESE, THAT WHATEVER'S IN THE CARS, I DON'T KNOW HOW WE KEEP THAT OUT OF THE, OUT OF THE FLOOD WATER.

SO YEAH, IT, IT IS INCUMBENT UPON US AS, AS RAIL DESIGNERS TO MAKE SURE WE KEEP THE WHEEL BEARINGS AT ALL TIMES OUT OF THE WATER SO WE DON'T HAVE TO REPLACE ALL THE WHEEL SETS.

UH, VERY COSTLY.

SO THAT'S BEEN TAKEN INTO ACCOUNT TO MAKE SURE WE KEEP THE PRODUCT, UH, THE WHEELS FROM THE TOP RAIL UP.

WE WANNA KEEP IT OUTTA THE WATER.

AT WORST CASE, WE WANNA KEEP THE, THE WHEEL BEARINGS ALWAYS OUTTA THE WATER FOR SAFETY.

'CAUSE IF WATER GETS IN THEM JUST LIKE GETTING WATER IN YOUR TRANSMISSION, BAD THINGS HAPPEN.

SO WE'VE DESIGNED IT TO THAT TO MAKE SURE WE KEEP IT ABOVE.

OKAY.

BY THE FLOODLIGHT.

YES SIR.

THANK YOU.

OKAY.

ANY ADDITIONAL QUESTIONS? 'CAUSE THIS, WE'RE STILL IN THE PUBLIC HEARING.

ALRIGHT, WELL THEN I GUESS WE'LL MOVE ON TO, UH, WELL LET ME CLOSE PUBLIC HEARING.

SORRY.

SO THERE BEING NO ONE ELSE DESIRE TO SPEAK ON, ON THIS ITEM, UH, AND NOT CLOSE THIS PUBLIC HEARING CONCERNING THE REQUEST NOT CLOSE PUBLIC HEARING CONCERNING THE REQUEST FOR A SPECIAL USE PERMIT FOR PROPOSED ROLLY YARD AT 9,300 NEEDLE POINT ROAD, UH, EXPANSION.

SO WE MOVE ON

[b. Consider an ordinance for a special use permit for a proposed rail yard on approximately 5.77 acres, generally located north and south of Needlepoint Road and approximately 6,000 feet east of Sjolander Road.]

TO ITEM SIX B CONCERNED ORDINANCE FOR A SPECIAL USE PERMIT FOR THE PROPOSED ROLL YARD ON APPROXIMATELY 5.77 ACRES DURING LOCATED NORTH AND SOUTH OF NEEDLE POINT ROAD AND APPROXIMATELY 6,000 FEET EAST OF SLANDER ROAD.

SO I'D ENTERTAIN A MOTION FOR APPROVAL, MOVE TO APPROVE SIX B, SECOND MOTION.

SECOND.

ANY ADDITIONAL QUESTIONS OR COMMENTS? IF NOT ALL THOSE IN FAVOR? THE ITEMS PRESENTED, PLEASE SAY AYE.

AYE.

NAY, MS. POPE, ALL THOSE OPPOSED.

THANK YOU.

UM, WE

[a. Consider an ordinance authorizing a development agreement with Castlerock Communities, L.P., for the Bay Creek Development.]

[b. Consider an ordinance authorizing a Professional Services Payment Agreement with Castlerock Communities, L.P., regarding the expenses associated with the Bay Creek Public Improvement District.]

[c. Consider a resolution authorizing the creation of the Bay Creek Public Improvement District.]

HAVE ITEM SEVEN A CONSIDER AN ORDINANCE AUTHORIZED AND DEVELOPMENT AGREEMENT WITH CASTLE ROCK COMMUNITIES LP FOR THE BAY CREEK DEVELOPMENT, MR. WOODERY.

ALRIGHT, GOOD EVENING, MAYOR AND COUNCIL.

UM, AND WE CAN TAKE THE NEXT THREE ITEMS TOGETHER.

OKAY.

UH, THEY'RE ALL RELATED.

UH, THE FIRST ONE WILL BE THE DEVELOPMENT AGREEMENT WITH CASTLE ROCK.

THE SECOND ONE WILL BE THE PROFESSIONAL SERVICES PAYMENT AGREEMENT, WHICH IS BASICALLY THE ARRANGEMENT FOR HOW THE CITY'S SERVICES GET PAID

[01:30:01]

THROUGH THE PIT.

UM, AND THE THIRD WILL BE AUTHORIZING THE CREATION OF THE PIT ITSELF.

SO, UM, THIS IS THE SECOND PUBLIC IMPROVEMENT DISTRICT THAT THE CITY'S LOOKING TO, UM, INITIATE, IF YOU'LL RECALL, 'CAUSE IT'S BEEN A LITTLE WHILE.

UM, CASTER ROCK IS LOOKING TO DO, UH, 266 HOMES, SINGLE FAMILY NEIGHBORHOOD ON THE NORTHEAST CORNER OF NORTH MAINE AND VILLE.

UM, YOU CAN SEE THE GENERAL, UH, SITE PLAN, UH, ON THE SCREEN FOR THIS DEVELOPMENT.

UM, JUST AS A REMINDER, THESE DEVELOPMENT AGREEMENTS, COUNSEL HAD SOME GOOD QUESTIONS EARLIER RELATED TO ECONOMIC DEVELOPMENT AGREEMENTS AND STANDARDS.

THE WAY WE DO OUR DEVELOPMENT AGREEMENTS ON SINGLE FAMILY PROJECTS, THEY ARE VERY STRICT.

UH, THEY REALLY DETERMINE, UM, THINGS LIKE MASONRY SITE PLAN.

EVERYTHING THAT YOU SEE IN HERE IS WRITTEN INTO THE AGREEMENT AND WE HAVE A WAY TO ENFORCE IT TO MAKE SURE IT'S ACTUALLY, UH, PUT ON THE GROUND.

SO I'LL GO THROUGH A FEW OF THE SLIDES JUST TO SHOW YOU, YOU KNOW, WHAT'S IN THE DEVELOPMENT AGREEMENT, WHICH IS WHAT THEY WILL, THEY WILL HAVE TO BUILD.

UM, AND I BELIEVE WE DO HAVE, UH, ASHLEY YODER FROM CASTLE ROCK HERE IF YOU HAVE ANY QUESTIONS.

SO YOU SAW THE GENERAL PLAN, UH, KINDA LAYING OUT WHAT THE SITE WILL LOOK LIKE.

THIS IS, UH, AN EXHIBIT THAT'S IN THE AGREEMENT THAT LAYS OUT KIND OF WHAT THEIR LANDSCAPING WILL LOOK LIKE IN THE COMMON AREAS THROUGHOUT THE SITE.

IT DESCRIBES, UH, THE TYPE OF LANDSCAPING THAT WILL BE, UH, WITHIN THE NEIGHBORHOOD.

UM, THIS DESCRIBES WHAT THE SIDEWALKS WILL BE, UM, PRETTY EXTENSIVE, UH, KIND OF LAYOUT THROUGHOUT THE, IT'S A PRETTY SMALL NEIGHBORHOOD, SO ALL THINGS CONSIDERED PRETTY EXTENSIVE.

UM, UH, SIDEWALK NETWORK IN THERE.

THERE'S AN EIGHT FOOT SIDEWALK ON NORTH MAIN ON THE EAST SIDE THAT WILL HAVE TO BE CONSTRUCTED.

THERE'S THE PRIMARY ENTRY MONUMENTATION FOR THE SITE, THEIR SECONDARY ENTRY ATION, AND YOU CAN SEE KIND OF THE LEVEL OF, OF FENCING THAT THEY'LL HAVE ALONG, UH, NORTH MAIN THERE.

THIS IS THEIR, UH, ENTRY PARK THAT THEY'LL BE PUTTING IN, UH, TOWARDS THE FRONT OF THE NEIGHBORHOOD.

AND THEN THIS IS THEIR, UH, LARGER PARK, UH, TOWARDS THE BACK, NEAR THE DETENTION POND.

SO THAT'S THE, UM, THAT'S KIND OF THE GENERAL, UH, LAYOUT OF THE PROJECT.

UM, AGAIN, LIKE I SAID, THEY WILL MEET OR EXCEED ALL THE ULDC STANDARDS, UM, AND ALL THE STANDARDS THAT ARE WITHIN THE CITY'S, UH, MUD AND PIT POLICY.

UH, STAFF RECOMMENDS APPROVAL OF ALL THREE OF THE ITEMS AND HAPPY TO ANSWER ANY QUESTIONS AND BELIEVE THE DEVELOPER CAN ALSO ANSWER, ANSWER ANY QUESTIONS.

ALRIGHT.

THANK YOU MS. WOODY, I ENTERTAIN A MOTION FOR ITEM SEVEN A, B, AND C MOVE TO APPROVE ITEM SEVEN A, B, AND C.

SECOND MOTION SECOND.

OKAY.

ANY QUESTIONS, COMMENTS? NOT ALL.

THOSE IN FAVOR OF ITEMS SEVEN, A, B, AND C IS PRESENTED, PLEASE SAY AYE.

AYE.

OPPOSED? EIGHT.

[a. Consider an ordinance for the first reading of the proposed Limited Purpose Annexation of approximately 514.39 acres, located generally North of East Wallisville Road and West of Garth Road.]

A CONSIDERED ORDINANCE FOR THE FIRST READING OF THE PROPOSED LIMITED PURPOSE ANNEXATION OF APPROXIMATELY 514.39 ACRES.

GENERAL LOCATED NORTH OF EAST VILLE ROAD AND WEST OF GARTH ROAD.

I HAVE A QUICK QUESTION.

IF WE SAY APPROXIMATELY THEN WHY DO WE GO DOWN TO 0.39 ACRES? ? WHY CAN'T WE JUST SAY 514 ACRES? HMM.

JUST WONDER.

.

THAT'S A FAIR POINT.

ALRIGHT.

OKAY.

UH, WELL THIS ITEM, UH, FIRST OFF AGAIN, FRANCESCA LINDER, UH, PLANNING AND DEVELOPMENT SERVICES DEPARTMENT.

UH, THIS IS FOR THE FIRST READING OF THE LIMITED PURPOSE ANNEXATION OF BAYTOWN CROSSINGS, UH, OTHERWISE KNOWN AS THE FRIENDSWOOD DEVELOPMENT.

UM, THE COUNCIL HAS PREVIOUSLY HELD TWO PUBLIC HEARINGS FOR THIS.

THIS IS NOT THE FINAL STEP.

IT WILL HAVE TO COME BEFORE CITY COUNCIL AGAIN FOR A FINAL READING, UH, WHICH WILL HAPPEN IN NOVEMBER.

OKAY.

SO I GUESS WE WOULD, UM, ENTERTAIN A MOTION FOR ITEM EIGHT.

A MOTION TO APPROVE ITEM EIGHT A.

OKAY.

WE HAVE A MOTION.

CAN WE GET A SECOND? SECOND.

OKAY.

MOTION.

SECOND.

ANY ADDITIONAL QUESTIONS OR COMMENTS REGARDING THIS? UH, FIRST READING, IF NOT ALL THOSE IN FAVOR? UH, THE ITEMS PRESENTED, PLEASE SAY AYE.

AYE.

AYE.

OPPOSED?

[b. Consider an ordinance authorizing the following Tax Abatement Agreement: Name of Owner Port 10 Logistics, LLC Name of Applicant Alan D. Feinsilver, President of Port 10 Logistics, LLC Name of Reinvestment Zone Port 10 Reinvestment Zone Location of Reinvestment Zone 246.7988-acre tract of land located east of Thompson Road and South of I-10, Harris County, Texas Description of the General Nature of the Improvements One institutional-grade industrial building of approximately 102,814 square feet for distribution/warehouse purposes Estimated Cost of the Improvements $5,500,000.00]

OKAY.

WE HAVE ITEM EIGHT B CONCERNED ORDINANCE AUTHORIZING THE FOLLOWING, TAX ABATEMENT AGREEMENT.

UH, NAME OF OWNER REPORT.

10 LOGISTICS.

I DON'T KNOW IF I NEED TO READ ALL THE ADDITIONAL QUESTIONS, BUT, SO, UM, I ENTERTAIN A MOTION FOR, UH, ITEM EIGHT B AS PRESENTED.

MOTION TO APPROVE ITEM EIGHT B.

MOTION.

CAN WE GET A SECOND? SECOND.

OKAY.

THEN A MOTION AND A VERY SLOW SECOND RIGHT.

FOR REPORT 10, BUT, OKAY.

UM, ANY QUESTIONS OR COMMENTS? I DO HAVE ONE PERSON THAT DID SIGN UP TO SPEAK.

HOLD ON.

I'M NOT READY FOR YOU YET, BUT

[01:35:01]

JUST, JUST WAIT RIGHT THERE ON DECK.

YOU'LL BE ALL RIGHT.

, ANY QUESTIONS OR COMMENTS ON THIS FROM COUNSEL? IF NOT, OKAY, MR. ISAAC, YOU HAVE YOUR THREE MINUTES? I DON'T.

ALL RIGHT.

Y'ALL GOTTA PROMISE ME NOT TO TALK IN THE MIDDLE OF MY SPEECH.

I APPRECIATE THAT.

OKAY.

FAIR.

UNLESS IT'S PROCEDURAL.

OKAY.

ALL RIGHT.

UM, SO THIS, UH, PARTICULAR ORDINANCE THAT WE'RE LOOKING AT TODAY, UH, IT SAYS THAT THE ESTIMATED COST OF IMPROVEMENTS IS $5.5 MILLION.

DOES THAT INCLUDE, UH, IS THAT, DOES THAT INCLUDE THE ENTIRE ABATEMENT THAT WE'RE GIVING THEM? ARE WE, ARE WE WAIVING $5.5 MILLION THEY'RE SUPPOSED TO PAY OR THE TAX ASSOCIATED WITH THE 5.5 MILLION? SO IF SO, HOW MUCH IS IT? YOU TELL ME NOT TO, TO INTERRUPT YOU.

I'M NOT, YOU HAVE, YOU HAVE A OPPORTUNITY TO MAKE COMMENTS.

I DON'T THINK YOU HAVE AN OPPORTUNITY TO REALLY QUESTION.

WELL, I'VE SEEN SOME PEOPLE COME TO PUBLIC COMMENT AND ASK A QUESTION SPECIFICALLY TO THE COUNCIL.

SO DO YOU HAVE COMMENTS? I HAVE COMMENTS.

OKAY.

BUT I'M, I'M GONNA WANT TO CLARIFY.

I WANNA LOOK FOR CLARITY FIRST.

I THINK THAT'S AT THE MAYOR'S DISCRETION.

I DON'T BECAUSE IT'S AN EASY CLARIFICATION.

OKAY.

GO.

THE COST OF THEIR IMPROVEMENTS IS $5.5 MILLION.

OKAY.

THAT'S HOW MUCH THEY'RE INVESTING ON THE SITE.

OKAY.

OKAY.

SO THIS PARTICULAR EXAMPLE THAT WE'RE HAVING RIGHT NOW IS AN EXAMPLE OF WHAT I'VE DISCUSSED PRIOR IN THE PAST ABOUT HOW THE CITY CAN PICK WINNERS AND LOSERS BASED ON HOW WE ABATE THEM.

OKAY.

SO THERE'S SEVERAL OTHER COMPANIES OUT HERE.

THERE'S MANY COMPANIES OUT THERE THAT WANNA DEVELOP LAND AND CREATE LAND OR CREATE, UH, SUBDIVISIONS.

AND SOME OF 'EM ARE GETTING TAX ABATEMENTS TO THIS SIZE.

AND SO I THINK THAT THE COUNCIL NEEDS TO CONSIDER THAT, UH, WE NEED TO BE MORE MINDFUL OF ON HOW WE GIVE THESE TAX BREAKS.

CERTAIN COMPANIES THAT DEVELOP OUT HERE IN OUR LAND.

THIS IS A GOOD EXAMPLE OF HOW SOME COMPANY I'VE NEVER HEARD OF FROM SOME CITY I'VE PROBABLY NEVER HEARD OF, ALTHOUGH I'VE BEEN MANY PLACES, UH, IS GOING TO GET A TAX BREAK.

THIS, TO ME, IS WHAT'S CONSIDERED A HANDOUT.

WE HAVE PLENTY OF OTHER OPPORTUNITIES FOR ECONOMIC DEVELOPMENT.

I KNOW THAT BRETT AND HIS DEPARTMENT COULD USE SOME WORK GETTING SOME PEOPLE SIGNED UP TO BE A PART OF THOSE PROGRAMS. WE HAVE ANOTHER PROGRAM AVAILABLE, UH, THAT, THAT, UH, COUNCILMAN, UH, COUNCILWOMAN ALVARADO ANNOUNCED, UH, ABOUT, UH, UH, NEIGHBORHOOD IMPROVEMENT GRANTS AND THINGS LIKE THAT.

AND WE NEED TO WORK ON GETTING THAT INFORMATION OUT HERE.

SO WITH THIS, UH, PARTICULAR TAX ABATEMENT, THESE AGREEMENTS THAT WE'RE MAKING WITH CITIES, WE JUST SAW ONE OF THE BEST EXAMPLES OF HOW WHEN WE MAKE AGREEMENTS WITH FOLKS, THAT THEY DON'T ALWAYS UPHOLD THEIR END OF THE BARGAIN AND IT GETS A LITTLE SLOPPY LATER ON IN LIFE.

SO, UH, I THINK THE, THE, THE COUNCIL NEEDS TO CONTINUE TO CONSIDER TO BE MINDFUL AND, AND TO USE THEIR BEST DISCRETION WHEN GIVING TAX ABATEMENTS, ESPECIALLY THIS SIZE TO THESE TYPE OF COMPANIES.

WE SHOULDN'T BE ABLE TO PICK WINNERS AND LOSERS ON THE BACK OF THE TAXPAYERS.

THANK YOU.

SO WE HAVE ITEM EIGHT B.

ANY ADDITIONAL QUESTIONS OR COMMENTS, I GUESS, REGARDING IT? IF NOT, ALL THOSE IN FAVOR ITEM MAY BE AS PRESENTED, PLEASE SAY AYE.

AYE.

ALL THOSE OPPOSED? ALRIGHT,

[c. Consider an ordinance authorizing the Joinder and Amendment No. 02 to the Interlocal Agreement with Harris County and the Harris Center for Mental Health and IDD for the Clinician and Officer Remote Evaluation Program.]

ITEM CARRIES.

MOVE ON TO ITEM EIGHT C.

CONSIDERED ORDINANCE AUTHORIZING THE JOINDER AND AMENDMENT OF NUMBER OH TWO TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY AND HARRIS HARRIS CENTER FOR MENTAL HEALTH.

AND IDD FOR THE, UH, CLINICIAN AND OFFICER REMOTE EVALUATION PROGRAM.

CHIEF HOLDEN, YOU CAN GO PODIUM OR, YEAH, I THINK YOU CAN SPEAK FROM HERE IF THAT'S OKAY.

OKAY.

ALONG, IF THAT'S OKAY.

.

SO THIS IS THE, UH, CLINICIAN OFFICER REMOTE EVALUATION PROGRAM MM-HMM .

THAT WE, UH, DEVELOPED.

AND WE ARE WORKING WITH A CONTRACT WITH HARRIS COUNTY AND HARRIS HEALTH SYSTEM.

SO THIS WILL ALLOW US, WITH THIS CONTRACT BEING DONE TO WORK WITH HARRIS COUNTY TO RECEIVE THOSE IPADS FOR THE MENTAL HEALTH OFFICERS.

THANK YOU.

UH, THANK YOU CHIEF FOLD.

ANY QUESTIONS OR COMMENTS RIGHT HERE? YES, SIR.

I DID MENTION TO RICK THAT THIS IS FOR HARRIS COUNTY, PART OF BAYTOWN IS IN CHAMBERS COUNTY.

AND WE DID, WELL, I DID ASK IF WE WOULD TAKE A LOOK AT MAYBE PILOTING A PROGRAM THROUGH BAYTOWN FOR PARTS OF CHAMBERS COUNTY SO THAT ALL OF THE CITY COULD BENEFIT FROM THIS PROGRAM.

UM, I WOULD HOPE THAT WE, THAT THAT'S STILL ON THE TABLE.

THAT THIS, THAT THIS IS EXPANDED TO INCLUDE ALL OF BAYTOWN, EVEN IF WE HAVE TO DISH OUT SOME MONEY AND MAYBE GET SOME INFORMATION FROM SOME INDIVIDUALS ON STARTING THIS UP AND MAKING IT GO FORWARD.

DO YOU WANT TO COMMENT ON THAT TO, WELL, DEFINITELY IF IT'S SOMETHING THAT WORKS HERE WITHIN HARRIS COUNTY, THE ONE ISSUE WE'LL HAVE TO DEAL WITH IN CHAMBERS COUNTY IS WORKING WITH A HEALTH SYSTEM IN CHAMBERS COUNTY.

MM-HMM .

THAT HAS CLINICIANS WITH THE ABILITY TO DO THIS THROUGH THE IPAD SYSTEM AND REMOTE SYSTEM.

SO, OKAY.

IT IS DEFINITELY SOMETHING WE LOOK AT IN THE FUTURE TO BE ABLE TO EXPAND.

JUST

[01:40:01]

TRYING TO GET THOSE PARTNERS IN CHAMBERS COUNTY.

WE DON'T HAVE ANY PROBLEM AT ALL AT TESTING THE FEASIBILITY OF THAT.

OKAY.

THAT WAS PRETTY SENSITIVE.

SO MAYBE, MAYBE AN INTER INTERGOVERNMENTAL OR INTERLOCAL COULD, COULD WORK.

I BELIEVE THE COUNCILMAN'S INTENTION IS THAT ALL OUR CITIZENS CAN BE SERVED.

OBVIOUSLY WE'RE DEALING WITH A HARRIS COUNTY RESOURCE MM-HMM .

SO THAT'S THE REASON WHY THAT YEAH.

YEAH.

BUT IF WE CAN WORK WITH SOMETHING, IF IT'S POSSIBLE, THEN CERTAINLY WE CAN TRY TO PURSUE THAT.

SO THANK YOU COUNCILMAN.

ALRIGHT.

SO, UM, IS THERE A MOTION ITEM, A C MOTION TO APPROVE? SECOND.

SECOND.

MOTION.

SECOND.

OKAY.

ANY ADDITIONAL QUESTIONS OR COMMENTS? IF NOT ALL THOSE IN FAVOR? ITEM A C IS PRESENTED, PLEASE SAY AYE.

AYE.

AYE.

OPPOSED? ITEM NINE

[a. Consider a resolution granting the petition for the proposed annexation of approximately 34.45 acres of privately-owned land consisting of 3 parcels, located generally near the northwest intersection of John Martin Road and Interstate 10.]

A CONSIDER RESOLUTION GRANTING THE PETITION FOR THE PROPOSED ANNEXATION APPROXIMATELY 34.45 ACRES OF PRIVATELY OWNED LAND CONSISTING OF THREE PARCELS LOCATED GENERALLY NEAR THE NORTHWEST INTERSECTION OF JOHN MARTIN ROAD AND INTERSTATE 10, MISS LENDER.

GOOD EVENING.

UH, FRANCESCA LINDER AGAIN WITH PLANNING AND DEVELOPMENT SERVICES.

UH, SO THIS IS THE FIRST STEP IN GRANTING A VOLUNTARY PETITION FOR ANNEXATION.

UH, THIS AREA IS LOCATED NORTH OF INTERSTATE 10 AND EAST, UH, EXCUSE ME, WEST OF JOHN MARTIN.

UH, THE PROPERTY OWNER ALSO OWNS THE LARGE TRACK OF LAND, UM, IMMEDIATELY TO THE EAST OF IT.

AND ALL IN ALL, THEY'RE LOOKING TO REZONE THE ENTIRE 98, APPROXIMATELY 98 ACRES TO, UH, GENERAL COMMERCIAL.

OKAY.

AND THIS IS JUST THE FIRST STEP THAT WE'LL HAVE TO GO TO CITY COUNCIL, UH, FOR SEVERAL OTHER MEETINGS.

ALRIGHT, THANK YOU.

SO I ENTERTAIN A MOTION FOR ITEM NINE, A MOVE TO APPROVE.

SECOND, DO A MOTION TO SECOND ANY ADDITION QUESTIONS OR COMMENTS, IF NOT ALL THOSE IN FAVOR? ITEM NINE A PLEASE SAY AYE.

AYE.

AYE.

ALL THOSE OPPOSED

[b. Consider a resolution approving the City of Baytown Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act, Section 2256.005(e) for the addition of an investment officer.]

NINE B.

CONSIDER RESOLUTION APPRO, THE CITY OF BAY TOWN'S INVESTMENT POLICY AND STRATEGY STATEMENT IN ACCORDANCE WITH PUBLIC FUNDS INVESTMENT ACT SECTION, UH, 2250 6.05 E FOR THE ADDITION OF AN INVESTMENT OFFICER.

YES, SIR.

THANK YOU, MR. RAMIR.

UH, IF YOU REMEMBER AT YOUR LAST MEETING, UH, YOU HAD SOME DISCUSSION ON THIS ITEM AND IT WAS HELD OVER UNTIL THE MEETING TONIGHT.

SINCE THEN, I HAVE HAD THE OPPORTUNITY TO DISCUSS WITH COUNCIL MEMBER PRESLEY AND ALSO WITH THE FINANCE COMMITTEE AT ITS MEETING EARLIER TODAY.

UH, THIS IS THE ADDITION OF ONE INVESTMENT OFFICER, THAT OFFICER WILL CONTINUE TO ACT UNDER MY DIRECTION AS THE DESIGNATED CITY TREASURER WITHIN THE TERMS OF THE CITY CHARTER.

UH, AND THE NORMAL CONTROLS WILL APPLY IN TERMS OF SEGREGATION OF DUTIES AND, UH, PROPER QUALIFICATION.

THAT'S ALL I HAVE, SIR.

OKAY.

SO WE HAVE A RESOLUTION FOR ITEM NINE B.

I WOULD ENTERTAIN A MOTION FOR APPROVAL.

MOTION TO APPROVE.

SECOND MOTION TO SECOND.

ANY ADDITIONAL QUESTIONS, COMMENTS? I DO, I HAVE COMMENTS? YES, SIR.

SO IF, IF MY COLLEAGUES, ALL OF 'EM DON'T HAVE, UH, ADDITIONAL COMMENTS, I WOULD ASK FOR A LITTLE BIT OF THEIR TIME BECAUSE I MAY EXCEED TWO OR THREE MINUTES HERE.

OKAY.

SO VICTOR'S CORRECT.

I DID MEET WITH VICTOR AND I CERTAINLY APPRECIATED THE STRAIGHT TALK, VICTOR.

IT'S, UH, IT'S VERY MUCH APPRECIATED.

THAT'S CLEARLY KIND OF MY STYLE AND, UH, I DO APPRECIATE THAT VERY MUCH.

I, I'M PROBABLY A LITTLE MORE SENSITIVE TO THIS TOPIC THAN MOST, BECAUSE ORIGINALLY I WAS ON THE FINANCE COMMITTEE WHEN I WAS FIRST ELECTED, AND SOME OF MY FORMER COLLEAGUES, , WHO, WHO WERE ON THE FINANCE COMMITTEE BEFORE I WAS BROUGHT ON, WE ACTUALLY HIRED, I SHOULDN'T SAY WE, THE FINANCE COMMITTEE THAT WAS IN PLACE.

THE, THE TREASURER WAS ACTUALLY, THAT POSITION WAS ACTUALLY CREATED AT THE BEHEST OF THE FINANCE COMMITTEE.

SO I'M PROBABLY A LITTLE MORE SENSITIVE ON THIS TOPIC AND, UH, THAN, THAN MOST, BUT JUST A COUPLE OF COMMENTS.

SO COMMENTS, OBSERVATIONS, WHATEVER YOU WANNA CALL 'EM.

AND, UH, YOU KNOW, WHEN, WHENEVER A DIRECTOR AND ADMINISTRATORS AT THE PODIUM AND, AND YOU KNOW, GIVES US A, A, A BRIEFING, YOU KNOW, IT, IT HELPS ALL OF US.

IT HELPS ME IN PARTICULAR TO, TO KNOW ALL OF THE, THE, THE PERTINENT FACTS.

AND YOU KNOW, I I, I NEVER INTEND TO, TO GIVE ANYBODY THE THIRD DEGREE IN ANY WAY.

I DON'T, BUT I, I I, I DO WANT TO GET TO THE FACTS.

AND, UH, SO SAYING THAT I, I, I WOULD SAY THAT THERE ARE A, A COUPLE OF THINGS THAT, THAT I THINK ABOUT.

AND, YOU KNOW, KNOWING THAT WE'VE HAD OR, OR FINDING OUT THAT, THAT WE HAVEN'T HAD A TREASURER SINCE JUNE, IT WAS A LITTLE CONCERNING TO ME TO, TO LEARN ABOUT

[01:45:01]

THAT IN OCTOBER.

UM, OR LATE SEPTEMBER.

I'M SORRY.

SO MY SUGGESTION WOULD BE THERE'S OPPORTUNE TIMES IN, IN MY OPINION, TO BE TOLD, OR AT LEAST APPRISED OF A REORGANIZATION.

UM, AND, AND WHEN, WHEN THE CITY DOESN'T HAVE ANY INTENTIONS OF, OF BACKFILLING POSITIONS THAT WERE CREATED AT THE BEHEST OF SOME OF OUR INTERNAL COMMITTEES.

UM, IN, IN MY OPINION, UM, PARTICULARLY THE TIME TO, TO, FOR, FOR COUNCIL TO BE APPRISED OF THAT WOULD BE DURING THE BUDGET TIME IN AUGUST, BECAUSE WE'RE ASKED TO HIRE THIS BUDGET SEASON, WE WERE ASKED TO HIRE, I THINK A COUPLE OF DOZEN NEW POSITIONS, AND WE WERE GIVEN JUSTIFICATION FOR EACH AND EVERY ONE.

SO IT, IT, IT JUST DOESN'T, SEEMS LIKE IT'S TOO DIFFICULT TO, TO GO AHEAD AND, AND LET US KNOW OF THE POSITIONS THAT ARE BEING ELIMINATED.

AND, AND I'M NOT DIRECTING THAT AT YOU.

I, I MEAN, IT'S DIRECTED ADMINISTRATION AS, AS MUCH AS IT IS ANYONE.

UM, FOR EXAMPLE, I KNOW WE COUNSEL VETOED A A HUNDRED THOUSAND DOLLARS POSITION THAT WAS, UH, YOU KNOW, I DON'T EVEN KNOW WHAT THE, WHAT THE OFFICIAL TITLE WAS, BUT IT WAS KIND OF CREATED FOR ONE OF THE INTERNS.

BUT WE ALSO APPROVED A COMMUNITY ENGAGEMENT POSITION.

AND, AND HONESTLY HAD, HAD I HAVE KNOWN THAT WE DECIDED, OR IT WAS DECIDED INTERNALLY NOT TO RETAIN THE TREASURER POSITION ANY LONGER, IT, IT WOULD'VE AFFECTED MORE THAN LIKELY MY SUPPORT OF, OF, OF AT LEAST ONE POSITION THAT, THAT THAT WAS APPROVED.

SO, YOU KNOW, I, I WOULD, I, I MAY WANNA REVISIT THAT COMMUNITY ENGAGEMENT POSITION.

AND, UH, YOU KNOW, AND THERE'S OTHER THINGS I, I, I JUST, LIKE I SAY, IT'S PROBABLY MORE IMPORTANT TO ME BECAUSE OF MY FINANCE BACKGROUND, BUT, YOU KNOW, I SEE OTHER NEEDS FOR HAVING A LOT MORE EXPERTISE IN THE FINANCE DEPARTMENT THAN A COMMUNITY ENGAGEMENT POSITION OR CREATING A POSITION FOR AN INTERN.

SO, AN EXAMPLE IS, I, I LOOK AT THE ENTERPRISE PROJECT AND YOU KNOW, LIKE ANDREA SAID, DURING THE WORK SESSION, EVERY TIME SHE LOOKS AT METAL, IT GOES UP 30%.

SO, YOU KNOW, WE'VE COLLECTED THIS BIG CHECK OF $66 MILLION A WHILE BACK, BUT YET THE PUBLIC SAFETY CONSTRUCTION IS STILL A, A, A WAYS OFF.

AND, AND DAILY THE COST OF STEEL CONCRETE COPPER, EACH AND EVERY BUILDING MATERIAL CONTINUES TO GO THROUGH THE ROOF.

SO REALLY, IF, IF YOU WANNA DIG INTO THE NUMBERS, , WE DO NOT HAVE A REAL RATE OF RETURN ON THAT MONEY THAT'S EARMARKED FOR THAT PUBLIC SAFETY BUILDING.

SO, LIKE I SAY, I, I PROBABLY DIG A LITTLE DEEPER AND, AND THINK ABOUT SOME, SOME THINGS A LITTLE MORE SO THAN OTHERS.

BUT, UH, YOU KNOW, I, I JUST, I I, I HAVE SOME GENUINE, UM, I, I GUESS CONCERNS FOR THE LACK OF A BETTER WORD THERE.

UM, SO, AND ANOTHER SUGGESTION I WOULD MAKE MY, MY FIRST YEAR ON COUNCIL, YOU KNOW, WE WOULD ALWAYS RECEIVE EMAILS FROM THE CITY MANAGER ABOUT ANY CHANGES OF DIRECTION, ANY POSITIONS THAT WERE ELIMINATED.

UM, ANY LONGTIME EMPLOYEES THAT, THAT HAVE LEFT FOR VARIOUS REASONS.

YOU KNOW, NOT A LOT OF DETAIL WAS SHARED CLEARLY, BUT, UH, IT WAS A PROACTIVE APPROACH AND IT'S AN APPROACH THAT, THAT I FEEL FOSTERS TRUST AND, AND WE'RE APPRISED OF SOME OF THESE THINGS.

SO FRANKLY, I DON'T HAVE TO DIG AND, AND, AND FIND OUT SOME OF THESE THINGS IN THAT REGARD.

SO JUST A, A COUPLE OF SUGGESTIONS THAT, THAT I HAVE TRYING TO BE CONSTRUCTIVE HERE.

AND, UH, LASTLY, MY LAST POINT IS AFTER THE LAST MEETING, I HEARD A FEW COMMENTS FROM ADMINISTRATION THAT, REGARDING MY QUESTIONS IN THE, IN THE LAST MEETING, AND THEY RANGED FROM, WELL, A HEADS UP WOULD'VE BEEN NICE BEFORE YOU ASKED THOSE QUESTIONS OR YOUR QUESTIONS WERE OUTTA LEFT FIELD.

SO I DO WANT TO REMIND COUNSEL, AND I WANT TO REASSURE MY CONSTITUENTS AND THE CITIZENS THAT COUNCIL DOESN'T WORK FOR ADMINISTRATION, ADMINISTRATION ANSWERS TO COUNCIL AND COUNCIL MEMBERS ARE ELECTED BY THE CITIZENS AND THEY'RE GIVEN THE RIGHT TO SOMEWHAT EVEN SAY THEY HAVE THE DUTY TO ASK ANY AND EVERY QUESTION THEY SEE FIT.

AND THAT'S WHAT I DO.

THAT, THAT'S THE APPROACH I TAKE.

SOMETIMES IT'S FOR BETTER, SOMETIMES IT'S FOR WORSE, BUT,

[01:50:01]

BUT THAT'S THE APPROACH I TAKE.

AND SURE, SOME COUNCIL MEMBERS CAN GO OFF THE DEEP END EVERY NOW AND THEN.

I'VE PROBABLY DONE IT A FEW TIMES MYSELF, BUT IN THE EIGHT YEARS I'VE BEEN ON COUNCIL, I LOOK BACK AT THOSE TIMES AND I CAN TELL YOU IT DOESN'T END UP BEING A BAD THING.

IT, IT ALWAYS ENDS UP BEING A GOOD THING OVERALL AND TRANSPARENT GOVERNMENT IS GOOD GOVERNMENT.

AND, UH, BUT LIKE I SAY, I APPRECIATED THE STRAIGHT TALK, VICTOR.

SOMETIMES IT'S, UH, YOU HAVE TO GO LOOKING FOR STRAIGHT TALK SOMETIMES.

SO I DO APPRECIATE IT AND I, I CERTAINLY COMMEND YOU THERE.

SO I WILL BE VOTING NO MAYOR FOR ALL OF THE AFORE MENTIONS ABOVE.

OKAY.

ALRIGHT.

SO WE DO HAVE, UM, DO WE HAVE A MOTION ON THE TABLE? YES.

FOR THIS WE DO HAVE A MOTION TO SECOND? YES.

OKAY.

SO ALL THOSE IN FAVOR, UNLESS THERE'S ANY ADDITIONAL QUESTIONS OR COMMENTS.

IF NOT, ALL THOSE IN FAVOR OF NINE B AS PRESENTED, PLEASE SAY AYE.

AYE.

AYE.

AND COUNCIL MEMBER PRESLEY AS A NO, I'M ASSUMING ANYONE ELSE? NA NAY.

OKAY.

[c. Consider a resolution directing the preparation of a service plan for the involuntary annexation of property situated in Industrial District No. 2 and owned by Gulf Coast Fractionators, consisting of two tracts, described as approximately 1.5 acres situated in Hannah Nash Survey, Abstract 20, and approximately 50 acres situated in W.D. Smith Survey, Abstract 24, Chambers County, Texas, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown.]

SO WE'LL MOVE ON TO NINE C.

CONSIDER RESOLUTION DIRECTING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF PROPERTY SITUATED INDUSTRIAL DISTRICT NUMBER TWO AND OWNED BY GULF COAST FRACTIONATORS CONSISTING OF TWO TRACKS TO DRIVE AT AS APPROXIMATELY 1.5 ACRES SITUATED IN HANNAH NASH SURVEY ABSTRACT 20 AND APPROXIMATELY 50 ACRES SITUATED IN WD SMITH SURVEY ABSTRACT 24 OF CHAMBERS COUNTY, TEXAS, ALONG WITH SUCH PROPERTY, IF ANY NECESSARY TO MAKE SUCH PROPERTY CONTINUOUS TO THE CORPORATE LIMITS OF THE CITY OF BAYTOWN.

MISS LENDER, OH, YOU'RE NOT MISS LENDER.

HEY, THAT'S WHAT IT SAYS HERE.

.

SHE'S WAY MORE QUALIFIED.

SHE'S IN DISGUISE.

MAYOR.

WELL, SHE HANDLED ALL THE OTHER ONES.

THE, THE REASON I'M UP HERE IS, UM, THIS IS THE START OF AN INDEXATION PROCESS.

WE ARE VERY HOPEFUL THAT THIS PROCESS WILL NOT CONTINUE TO THE END.

I WOULD THINK SO.

UM, WE ARE ACTIVELY WORKING WITH, UH, GULF COAST FRACTIONATORS ON THEIR INDUSTRIAL DISTRICT AGREEMENT.

OKAY.

UM, BECAUSE IT'S NOT SIGNED TO DATE.

OKAY.

WE NEED TO START THE PROCESS MAINLY TO MAKE SURE THAT THERE'S NOT A BUNCH OF SPECIAL COUNCIL MEETINGS.

YES.

UM, HERE AT THE END OF THE YEAR.

SO THIS IS THE START OF A PROCESS THAT WE HOPE WILL NOT END.

UM, BUT WE DO HAVE TO START IT.

THAT'S WHY IT'S NOT HERE TONIGHT.

OKAY.

THANK YOU MR. WOODERY.

SO, UM, GONNA FOR NINE CI GET A MOTION ON THE TABLE FOR THIS ITEM, MOVE TO PROVIDE NINE C SECOND MOTION TO SECOND ANY ANY ADDITIONAL QUESTIONS OR COMMENTS? IF NOT, ALL THOSE IN FAVOR, NINE C IS PRESENTED, PLEASE SAY AYE.

AYE.

OPPOSED?

[10. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.]

OKAY.

WE HAVE CONSENT AGENDA, BUT WE DO HAVE ONE PERSON, UH, DESIRING TO SPEAK ON ITEM 10 C.

IS THAT CORRECT, MS. ISAACS? OKAY.

SO, UM, GO AHEAD, TRY TO MAKE THIS ONE QUICK.

I KNOW EVERYBODY WANTS TO GET OUTTA HERE.

WE SURE DO INDEED.

SO, UH, THE CURRENT, UH, CONSENT AGENDA ITEM THAT WE'RE DISCUSSING RIGHT NOW IS IN REGARDS TO A SIGNAGE WITH, UH, THE, THE SAN JACINTO HOSPITAL.

AND, UH, SINCE THIS HAS TO DO WITH SIGNAGE, WE JUST HEARD A SPEECH, UH, REGARDING, UH, THE PROCEDURE AND HOW, UH, THINGS ARE SUPPOSED TO MOVE TO THE COUNCIL AND ADMINISTRATION ACCORDINGLY.

I HAVE NOT SEEN THE SIGNED COMMITTEE MEETING, UH, SIGNED COMMITTEE MEET WITHIN THIS YEAR.

AND THAT IS A CRUCIAL, I THINK, COMPONENT OF THE LIST OF COMMITTEES, UH, APPOINTED BY THE COUNCIL, WHO'S, WHO'S ELECTED BY THE PEOPLE TO BE A PART OF THIS PROCESS.

SO ANYTIME THERE'S A SIGNAGE INVOLVED RIGHT NOW, WE'RE GOING, UH, THIS IS AN ELECTION CYCLE.

WE SEE SIGNS OUT THERE.

NOW SOME OF THEM AREN'T LEGAL AND, UH, SOME OF US DIDN'T PUT 'EM OUT THERE, BUT, UH, WE DON'T HAVE A SIGNED COMMITTEE MEETING RIGHT NOW.

AND SO THAT'S THE LAPSE OF TRUST THAT WE'RE DISCUSSING, NOT JUST WITH PRIVATE BUSINESSES, BUT WITH GOVERNMENT AS WELL.

THE SAME GOES FOR AN ETHICS COMMISSION, HASN'T BEEN THERE FOR 12 YEARS.

SO I'D LIKE TO SEE, UH, MORE COMMUNITY PARTICIPATION IN SOME OF THESE AGREEMENTS THAT WE'RE MAKING AND SOME OF THESE EDITS THAT WE'RE MAKING TO THE LAWS, TO THE CHARTERS, ESPECIALLY WITH VARIANCES AND SUCH.

AND WHEN IT COMES TO SIGNS LIKE THIS.

SO TO SUM UP MY, UH, POINT, I JUST WANT TO SEE, UH, MORE COMMUNITY PARTICIPATION WITH A LOT OF THESE LAWS THAT WE'RE MAKING, ESPECIALLY AS IT PERTAINS TO THE COMMITTEES LISTED ON THE, THE C ON THE, ON THE CITY'S WEBSITE, LIKE OUR SIGNED COMMITTEE.

AND, UH, IF YOU NEED SOMEBODY TO JOIN, HOLLER AT ME.

HAVE A GOOD DAY.

DONE.

THANK YOU FOR THE ENTERTAINMENT MS. ISAACS.

OKAY.

ALL NICE.

NICE.

UH, WHAT WAS IT? BRAVADO.

ALL SHAMELESS.

ALL RIGHT.

SO, UH, WE DO HAVE EXTENDED AGENDA, UH, COUNSEL ITEMS A THROUGH, I BELIEVE IT'S BB, SO I'D ENTERTAIN A MOTION UNLESS THERE'S ANYTHING THAT SOMEONE ELSE WANTS TO PULL.

THE MOTION TO APPROVE CONSENT AGENDA ITEMS 10 A THROUGH BBB BB, THAT WILL B SECOND, NO MOTION TO SECOND.

SO, UH, ALL THOSE IN FAVOR OF THE CONSENT, THE CONSENT AND AGENDA ITEMS AS PRESENTED, PLEASE SAY AYE A AYE, ALL THOSE POSTS.

OKAY.

UH, NEXT WE HAVE OUR MANAGER'S

[01:55:01]

REPORT.

APPOINTMENTS.

APPOINTMENTS.

OH, APPOINT.

SORRY.

OH, YES, IT'S RIGHT AT THE BOTTOM.

OH,

[a. Consider a resolution nominating a person to serve on the Board of Directors of the Harris County Appraisal District.]

WE HAVE APPOINTMENTS.

WE HAVE ITEM 11 A.

UH, WE ARE NOT MAKING ANY SIGNED COMMITTEE APPOINTMENTS TONIGHT, UNFORTUNATELY, MR. ISAACS, BUT WE WILL MOVE ON TO CONSIDER RESOLUTION.

NOMINATING A PERSON TO SERVE ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT.

MS. HORNER, THIS ITEM WAS CONSIDERED AT YOUR LAST MEETING AND REQUESTED TO BE SUSPENDED UNTIL TODAY.

AND SO, UM, IN THE MEANTIME THAT THE FINANCE COMMITTEE HAS MET AND DISCUSSED THIS MATTER AND, AND I THINK COUNCILWOMAN BENTON COURT HAS A REPORT.

YES.

DO YOU HAVE A REPORT, PLEASE MAAM? I DO.

SO, UM, JUST AS A RECAP ON WHY WE SUSPENDED THIS ITEM, AND WE'RE LOOKING AT IT AGAIN TODAY, IS, UM, THIS IS, UH, THE APPRAISAL DISTRICT IS SOMETHING THAT WE'RE OFTEN CONFRONTED WITH, IS ONE OF THE ROOT CAUSES ON WHY PROPERTY TAXES ARE THE WAY THAT THEY ARE.

AND WHENEVER, UM, WE'RE TALKING WITH OUR CONSTITUENTS ABOUT PROPERTY TAXES, WHICH IS TYPICALLY ONE OF THE TOP THREE THINGS THAT THEY DO WANNA TALK TO US ABOUT, UM, YOU KNOW, THE ANSWER THAT WE ALWAYS GIVE IS, YOU KNOW, IT'S NOT SO MUCH THE RATE WHICH WE CAN CONTROL, IT'S MORE ABOUT THE APPRAISAL, WHICH WE DON'T HAVE A LOT OF CONTROL OF.

AND SO WHEN THIS ITEM CAME UP AND, UM, YOU KNOW, WE THOUGHT THAT, UH, IF WE HAVE ANY INFLUENCE, NO MATTER HOW LITTLE IT IS OVER THE APPRAISAL DISTRICT, MAYBE WE SHOULD GIVE, UH, A LOT OF THOUGHT TO IT AND APPOINT SOMEONE THAT ALIGNS WITH OUR PHILOSOPHIES ON APPRAISING AND TAXING.

AND SO THAT'S WHAT WE ASKED FOR MORE TIME TO DO WAS GIVE MORE THOUGHT, UM, MAYBE PICK SOME OTHER CANDIDATES THAN THE ONES THAT WAS BEING PRESENTED TO US, ASKED THEM SOME QUESTIONS ABOUT THEIR PHILOSOPHIES.

SO, UM, ON YOUR, UM, DESK RIGHT IN FRONT OF YOU ARE SOME Q AND AS THAT WE ASK, UM, INDIVIDUALS IN BAYTOWN, WE DIDN'T REALLY HAVE A LOT OF TIME, UNFORTUNATELY, WE HAVE TO VOTE TONIGHT TO PUT A NAME ON THE BALLOT.

AND, UM, SO WE THOUGHT OF SOME INDIVIDUALS THAT, UM, WE WANTED TO ENTERTAIN AS MAYBE A NOMINATION, ASK THEM SOME KIND OF BASIC QUESTIONS ABOUT THEIR PHILOSOPHIES AND HOW THEY WOULD IMPROVE, IF ANY, THE APPRAISAL DISTRICT, THEY GAVE THOSE RESPONSES BACK TO OUR CITY ATTORNEY.

WE REVIEWED THEM, UM, IN OUR FINANCE COMMITTEE THIS EVENING, UM, BEFORE COUNCIL.

AND THE MAJORITY OF THE FINANCE COMMITTEE, UM, IS GOING TO RECOMMEND MIKE SULLIVAN.

UH, MOSTLY DUE TO THE FACT THAT THIS, UM, PROCESS AS WELL-INTENDED AS IT IS, WAS RUSHED AND WE DIDN'T HAVE TIME TO FIND A NUMBER OF CANDIDATES THAT WE WANTED TO CONSIDER AND FULLY VET THEM.

AND, UM, IT WAS EVEN SUGGESTED THAT WE WOULD LIKE TO MEET MIKE SULLIVAN IF HE IS APPROVED, UM, AND FIND OUT MORE ABOUT HIM AND HIS, UM, PHILOSOPHIES ON TAXING AND APPRAISALS.

BUT THESE ARE TWO YEAR APPOINTMENTS.

AND SO AS A FINANCE COMMITTEE, WE THOUGHT FOR THE NEXT TIME THIS COMES UP, WE WON'T BE TAKEN BY SURPRISE.

AND WE'D LIKE TO BE MORE THOUGHTFUL IN OUR NOMINATION AS A CITY.

SO OUR RECOMMENDATION MAYOR IS MIKE SULLIVAN.

ALRIGHT, THANK YOU MA'AM.

I GUESS I DO HAVE A QUESTION.

SO WHEN WE RECEIVE THESE, UH, I GUESS, UM, NOMINATION REQUESTS FROM THE APPRAISAL DISTRICT ITSELF, HOW, HOW IS THERE A REQUIREMENT OF HOW SOON THEY SEND US? 'CAUSE LIKE REALLY WE ONLY GOT THIS 30 DAYS AGO, SO IS THIS, WE KNOW THAT THEIR TERMS COMING UP.

WHY DO WE, WHY DO WE NOT GET SOMETHING MORE NOTICE IS MY QUESTION.

DO YOU KNOW, YOU MAY NOT KNOW, BUT , I DON'T KNOW WHY THEY DIDN'T GIVE US MORE NOTICE.

WE CAN CERTAINLY CALENDAR IT 'CAUSE WE KNOW THEY'RE TWO YEAR TERMS, SO THAT'S, WE CAN IN THE FUTURE THINK THAT TO ME IT DOES SOUND, I THINK THE INTENTION, AT LEAST IT SOUNDS, IT SOUNDS LIKE, WAS THAT, UM, YOU KNOW, WE TALK A LOT, A LOT ABOUT REDUCING TAXES IN BAYTOWN AND SO ON.

BUT THE, THE HARD THE HARD REALITY IS IT'S, IT'S THE APPRAISALS ACROSS THE STATE HOW THEY'RE HANDLED.

IF IT'S COUNTY BY COUNTY OR, OR, OR HOWEVER, THE CITY OF BETON DOES NOT, UH, SET THE APPRAISAL VALUES OF, OF PROPERTY.

UH, THAT IS, THAT IS HCAD.

AND SO FOR US AS, AS A NOMINATING ENTITY AMONGST OTHER CITIES IN HARRIS COUNTY, FOR US TO ENSURE THAT, THAT AN INDIVIDUAL IS IN LINE WITH OUR PHILOSOPHY AS A CITY, IF IT'S, UH, THE, THE WAY THAT THEY, THEIR APPROACH OR THEIR METHOD TO, UH, HOW THEY, UH, APPROACH EVALUATION AND APPRAISALS OF, OF PROPERTIES IN, IN HARRIS COUNTY.

SO I DO APPLAUD THE EFFORT, BUT AGAIN, IT'S JUST SOME, JUST TOO LITTLE TIME TO, TO GO AND I GUESS MAKE THE INQUIRY.

AND SO, UH, HOPEFULLY, HOPEFULLY, UH, APPRAISALS GET UNDER CONTROL.

I THINK THAT'S MORE OF THE ISSUE ACROSS THE STATE THAN, THAN THAN INDIVIDUAL CITIES OR COUNTIES.

BUT, UH, THAT'S JUST MY OPINION ON IT.

SO I DO APPRECIATE THAT.

SO WITH THAT, UH, MIKE SULLIVAN IS THE, IS THE, UH, NOMINATION PRESENTED, UH, ONCE AGAIN.

AND SO I WOULD ENTERTAIN A MOTION MOVE TO APPROVE ITEM 11 A IS MIKE SULLIVAN IS OUR NOMINEE SECOND MOTION IN TWO SECONDS.

ANY ADDITIONAL QUESTIONS OR COMMENTS? IF NOT ALL THOSE IN FAVOR OF MIKE SULLIVAN AS MAY

[02:00:01]

TOWN'S, UH, UH, NOMINEE, UH, PLEASE SAY AYE.

AYE.

THOSE OPPOSED? OKAY, WE'LL

[b. Consider a resolution nominating a person to serve on the Board of Directors of the Chambers County Appraisal District. ]

MOVE ON TO ITEM 11 B.

SAME TYPE OF ITEM CHAMBERS COUNTY APPRAISAL DISTRICT.

I'M ASSUMING, UM, WITH THAT THERE WAS A NAME PRESENTED.

YEAH, SO AGAIN, THERE WAS, THE INCUMBENT WAS THE ONLY ONE PRESENTED TO US.

AND AGAIN, WE DID NOT HAVE TIME TO SEARCH FOR AND FULLY VET OTHER CONSIDERATIONS.

AND SO UNFORTUNATELY WE HAVE TO RECOMMEND TAN WILLIAMS EVEN THOUGH WE DON'T KNOW ANYTHING ABOUT THIS INDIVIDUAL.

WELL, WE, WE CAN ALWAYS SCHEDULE BOTH OF THEM TO COME AND AT LEAST PRESENT TO COUNSEL.

YES.

ALRIGHT.

THANK YOU.

SO, UH, WITH THAT ENTERTAIN A MOTION AND A SECOND FOR TAN WILLIAMS. FOR CHAMBERS COUNTY'S REPRESENTATIVE FOR THE THE APPRAISAL DISTRICT MOVE TO APPROVE ITEM 11 B WITH TAN WILLIAMS AS THE NOMINATION.

SECOND.

MOTION A SECOND.

ANY ADDITIONAL QUESTIONS, COMMENTS? NOT ALL THOSE IN FAVOR OF, OF TAN WILLIAMS? UH, PLEASE SAY AYE.

AYE.

OPPOSED?

[12. MANAGER'S REPORT Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code.]

NOW WE'LL MOVE TO THE MANAGED REPORT.

YES.

I JUST WANT TO THROW SOME KUDOS OUT TO SABRINA MARTIN, WHO, UH, RECENTLY MET WITH THE NEIGHBORS OF LINWOOD, ABLE TO CONNECT WITH PWE AND PLANNING AND GET A LOT OF QUESTIONS ANSWERED FOR THEIR NEIGHBORHOOD.

SO THAT, UH, JUST INCREDIBLE OUTREACH CONTINUES THAT THESE, THESE FOLKS WERE SO HAPPY.

YOU WOULD THINK THAT SHE HAD BROUGHT A BUNCH OF HALLOWEEN CANDY TO SHARE WITH THEM.

THEY WERE, THEY WERE SO DELIGHTED.

SO, UH, WE'RE HAPPY WITH WHAT SABRINA'S DOING.

AND OF COURSE I ATTENDED THE FIRST, UH, ROUND OF THE, UH, CITIZENS ACADEMY THE OTHER DAY AND, AND, UH, WAS VERY PLEASED AT THE WORK THAT SHE AND JAMIE AND COMPANY ARE DOING THERE AS WELL.

SO THAT IS ALL I HAVE FOR YOU TONIGHT, MAYOR AND COUNCIL.

YEAH, I GOT SOME INFORMATION ON IT.

OKAY.

SO WE'LL NOW RECESS AND CONVENE.

THIS IS FOR ITEM, UH, 13

[13. EXECUTIVE SESSION]

A WE'LL NOW RECESS AND TWO, AND CONVENE AN EXECUTIVE SESSION PURSUANT TO SECTION 5 5 1 0.07, ONE OF THE TEXAS GOVERNMENT CODE TO SEEK THE ADVICE OF THE CITY ATTORNEY REGARDING THE, UH, PROPOSED OPIOID SETTLEMENT.

I'M DONE.

SO NOW RECONVENE OUR OPEN MEETING OF THE BAYTOWN CITY COUNCIL AND ANNOUNCE THAT IN ACCORDANCE WITH SECTION 5 51 0.102 OF THE TEXAS GOVERNMENT CODE, NO ACTION WAS TAKEN IN EXECUTIVE SESSION.

THAT BRINGS US TO ITEM

[a. Consider an ordinance authorizing the Subdivision Settlement Participation Forms for Johnson & Johnson and for AmerisourceBergen, Cardinal Health and McKesson; and adopting the Texas Term Sheets and allocation schedule.]

14 A CONSIDER AN ORDINANCE AUTHORIZING THE SUBDIVISION SETTLEMENT PARTICIPATION, UH, FORMS FOR JOHNSON AND JOHNSON, AND THE AMERIC AMER RESOURCE, BUR VERSION, I GUESS CARDINAL HEALTH AND MCKESON IN ADOPTING THE TEXAS TERM SHEETS AND ALLOCATIONS SCHEDULE.

MR. FANNING, IF YOU WANNA SUMMARIZE ANYTHING FOR US, IF NOT, WE CAN, UM, WE CAN MOVE FOR APPROVAL FOR THIS ITEM.

I'M JUST AVAILABLE IF ANYONE HAS ANY QUESTIONS THEY'D LIKE TO ASK.

OKAY.

UH, MOTION FOR APPROVAL FOR I ITEM 14 A MOTION TO APPROVE SECOND.

MOTION.

SECOND.

ANY ADDITIONAL QUESTIONS, COMMENTS? NOT ALL THOSE IN FAVOR? I.

TEAM FOUR, UH, OF ITEM 14 A IS PRESENTED.

PLEASE SAY AYE.

AYE.

AYE.

THIS OPPOSED? ALRIGHT.

THIS MEETING IS NOW ADJOURNED.