Feb 22, 2024 CITY COUNCIL MEETING

[00:00:05]

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

IT'S THURSDAY, FEBRUARY 22ND.

IT'S 6:31 PM UH, WE ARE IN BAYTOWN HALL, UM, BAYTOWN CITY HALL COUNCIL CHAMBERS, UH, WE DO HAVE A QUORUM.

WE WILL BE LED IN OUR PLEDGE AND INVOCATION THIS EVENING BY COUNCIL MEMBER JAMES FRANCO OF DISTRICT NUMBER FOUR, PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD AND INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL TEXAS FLAG.

I PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

OUR HEADS AND PRAY.

DEAR LORD, WE THANK YOU FOR, FOR THIS DAY.

WE THANK THANKFUL FOR THIS, THIS, THIS OPPORTUNITY HERE TO SERVE THE PUBLIC.

WE ASK THAT YOU BE WITH THE COUNCIL MEMBERS AS WE MAKE THE DECISIONS AND WHAT'S THE BEST INTEREST FOR THE, FOR THE CITY OF BAYTOWN AND FOR THE FUTURE OF OUR RESIDENTS AND OUR CHILDREN.

WE THANK YOU FOR ALL THE THINGS THAT YOU'VE GIVEN US HERE TODAY, AND WE ASK FOR YOU THESE THINGS IN OUR SON, IN YOUR SON AND OUR SAVIOR JESUS CHRIST.

AMEN.

AMEN MA'AM.

ALRIGHT, FIRST

[1. CITIZEN COMMENTS Notice is hereby given that in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, prohibits the City Council from discussing, deliberating, or considering, subjects for which public notice has not been given on the agenda. Issues that cannot be referred to the administration for action may be placed on the agenda of a future City Council Session.]

IS THERE, UM, A LIST OF THOSE THAT, UM, DESIRE TO SPEAK? ALRIGHT, THANK YOU.

ALL RIGHT.

THE PURPOSE OF OF CITIZEN COMMUN IS TO GIVE ALL INTERESTED CITIZENS THE RIGHT TO EXPRESS THEIR VIEWS.

EVERYONE DESIRING TO SPEAK SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAIL THE CITY CLERK PRIOR TO THE POSTED TIME OF THIS MEETING.

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

THE RULES ALLOW EACH PERSON ONE MINUTE TO SPEAK.

A CITIZEN MAY PASS HIS OR HER TIME TO ANOTHER PERSON WHO IS REQUESTED TO ADDRESS CITY COUNCIL.

HOWEVER, NO CITIZEN'S REMARKS SHALL EXCEED THREE MINUTES IN TOTAL TIME.

EITHER THE ONE MINUTE OR THE THREE MINUTE LIMIT MAY BE EXTENDED BY A MAJORITY VOTE OF THE CITY COUNCIL.

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

PLEASE KEEP IN MIND THE CITY COUNCIL CANNOT DISCUSS OR DELIBERATE ON ITEMS FOR WHICH PUBLIC NOTICE HAS NOT BEEN GIVEN, UH, ON THIS AGENDA.

AND SO, UH, I KNOW THERE IS A LIST.

UM, WHAT I WILL TELL YOU IS THAT IF YOU'RE GOING TO SPEAK HERE IN BAYTOWN CITY HALL, UH, COUNCIL CHAMBERS, YOU'LL, YOU WILL PROVIDE IT IN A PROFESSIONAL AND RESPECTFUL MANNER.

YOU WILL NOT ADDRESS ANY INDIVIDUAL COUNCIL MEMBER OR CALL OUT.

CALL OUT ANY INDIVIDUAL, UH, COUNCIL MEMBER OR STAFF PERSON IN YOUR COMMENTS.

IF YOU DO THAT, I WILL GABBLE YOU.

IF YOU DO IT AGAIN, I'LL HAVE OUR SERGEANT ARMS REMOVE YOU FROM OUR COUNCIL CHAMBERS.

SO NOW THAT WE ARE CLEAR, I'LL GO DOWN THE LIST.

UH, FIRST WE HAVE JAMES MIX, WHO IS, UH, LOOKS LIKE CONCEDING ONE MINUTE TO LINDA MIX.

RIGHT.

OKAY.

AND THEN THAT ONE MINUTE IS THAT, IS THAT, THAT'S IT.

THAT'S, THAT'S TWO MINUTES FOR YOU.

TWO MINUTES.

ALRIGHT, MS. MIX, UH, YOU HAVE YOUR TWO MINUTES.

LINDA MIX 64 27 CROSBY CEDAR BAYOU IN BAYTOWN.

THIS IS MY, I'M GONNA ADDRESS SOME IN THE PAST.

IT SAYS, I AND MANY OF OTHER RESIDENTS ADDRESS THE CITY COUNCIL FOR THE FIRST TIME IN SEPTEMBER, 2017.

AGAIN IN OCTOBER AND NOVEMBER, ASKING NOT TO BE ANNEXED.

ALL OF THESE PLEAS FELL UPON DEAF EARS.

THREE MONTHS LATER, FIVE DIFFERENT AREAS WERE ANNEXED, MINE INCLUDED AGAINST RESIDENT WISHES.

I READ A STATEMENT FROM THE BAYTOWN SUN DATED NOVEMBER 27TH, 2017 FROM THE MAYOR, THEN STEPHEN DECARLO STATING THAT A NEW STATE LAW WILL GO IN EFFECT CONCERNING ANNEXATIONS SENATE BILL SIX REQUIRING CITIZENS VOTE FOR APPROVAL ON ANNEXATION.

HE STATED THE LAW WAS CHANGING AND THEY NEEDED TO DO 30 YEARS OF PLANNING IN A VERY SHORT TIME.

DID THE, DID, DID THE CITY EVEN HAVE THE FUNDS TO BACK UP THESE 30 YEARS? MUCH LESS THE ANNEXATIONS GIVEN US FULL SERVICES.

SO FAR WE'VE RECEIVED NONE AND IT'S SIX AND A HALF YEARS SINCE.

IN MY OPINION, THIS WAS NO BETTER THAN LYING, CHEATING AND STEALING THE WAY WE WERE ANNEXED WAS WRONG ON SO MANY LEVELS.

I AM ADDRESSING THE COUNCIL FOR THE THIRD TIME THIS YEAR ASKING TO BE D ANNEXED.

THIS COUNCIL HAS THE RIGHT TO, TO MAKE

[00:05:01]

THEY HAVE THE POWER TO TAKE THE WRONG AWAY.

THAT'S ALL.

ALRIGHT, THANK YOU MS. MIX.

SO NEXT, UH, WE HAVE GARY, UH, VANDER.

IS IT VANDERBERG VANDER BEAK BEAK.

VANDER BEAK.

I'M JUST LOOKING HOW IT'S WRITTEN.

LOOKS LIKE AN L OR LOOKS, DOESN'T LIKE A, LIKE A CI GUESS OR R UH, AND YOU, YOU ARE YIELDING YOUR ONE MINUTE TO KATHY, IS THAT CORRECT? YES.

ALRIGHT.

SO YES MA'AM, YOU HAVE TWO MINUTES.

MY NAME IS KATHY VANDERBEEK, 44 0 3 CROSBY CEDAR BAYOU ROAD.

SAYS WE ARE COMING BEFORE YOU, UH, TONIGHT TO CONTINUE TO ASK TO BE DE NEXT.

WE'RE NOT GOING ANYWHERE.

IT WAS UNFAIR HOW QUICKLY WE WERE RUSHED THROUGH.

WE BROUGHT, BOUGHT OUR HOME KNOWING THAT WE WERE WITHIN, WE WERE NOT WITHIN THE CITY LIMITS.

AND SINCE BEING ANNEXED, WHY ARE SOME PEOPLE THAT ARE, WERE ANNEXED AT THE SAME TIME NOT PAYING CITY TAXES.

I'M REFERRING TO A, UH, ACCOUNT NUMBER 0 5 9 1 5 0 0 2 0 0 1 8 8.

THEY HAVE NOT PAID ONE PENNY OF CITY TAXES SINCE WE WERE ANNEXED AND THEY ARE AND WAS INCLUDED IN THAT ANNEXATION.

WE WILL BE HERE EVERY TIME YOU HAVE A CITY COUNCIL MEETING BECAUSE WE WANT THIS RECTIFIED.

WE DON'T WANT TO BE IN THE CITY.

THANK YOU.

ALRIGHT, THANK YOU MA'AM.

SO NEXT I HAVE, UH, JAMES KAMINSKI.

YOU HAVE ONE MINUTE SIR.

JAMES KAMINSKI, 6 23 LAUREN LANE.

BACK IN SEPTEMBER AND OCTOBER OF 2017, I SPOKE REGARDING THE ANNEXATION.

I BROUGHT UP THE COST OF WHAT IT WOULD TAKE FOR ME TO TIE IN.

AT THAT TIME IT WAS APPROXIMATELY $50,000 FOR RUNNING WATER AND SEWER.

THE $5,200 TIE IN METER.

AND NOW I GOT ESTIMATES FROM A PLUMBING COMPANY FOR THESE.

I HAVEN'T GOTTEN A RECENT ONE, BUT I WOULD IMAGINE THEY'VE GONE UP JUST LIKE EVERYTHING ELSE TO BE CLOSER TO 80 OR $90,000.

I DON'T SEE HOW IT WOULD BE RIGHT FOR THAT COST TO BE BURDENED TO ME WHEN THERE'S NOT EVEN LINES UP THERE.

I'M TRYING TO, WE'RE FAR EVERYONE FROM CEDAR BY LYNCHBURG TO BLUE HERON IS FAR ENOUGH OFF THE ROAD THAT THE ORDINANCE WOULDN'T MAKE US TIE IN.

WE'RE FURTHER THAN A HUNDRED FEET OFF THE ROAD.

SO SAVE THE CITY SOME MONEY, DON'T PUT IT IN THERE.

SAVE ME MONEY BECAUSE I WILL NEVER GET THAT MONEY BACK.

IF, IF, IF I EVER TRY TO SELL MY HOUSE.

THAT'S JUST MONEY I'LL SINK IN NOW THAT I DIDN'T HAVE TO BEFORE.

I'M SELF-SUFFICIENT WITH A WELL AND SEPTIC.

I DON'T NEED THOSE SERVICES.

THANK YOU.

ALRIGHT, THANKS SIR.

NEXT WE HAVE UH, JOE MCCALL.

JOE MCCALL.

OKAY, THERE YOU GO.

YES SIR.

MY HOME IS AT 4 6 2 2 NORTH HIGHWAY 1 46.

IT WAS IN THE STORM FREEZE IN 2021.

UH, TWO YEARS LIMITATION IS GONE.

I AM NOT INVOLVED WITH ANY LAWYERS OR ANY INSURANCE COMPANIES.

THE CITY OF BAYTOWN DENIED ME MY PERMITS FOR ELECTRICAL PLUMBING.

I AM HOMESTEAD AND I WISH TO GET ALL OF MY PERMITS SO I CAN PROCEED WITH THE REPAIRS OR REMODELING OF MY HOME.

IT'S BEEN FROM 1 26 20 24 TO NOW.

I HAVE NO RES WELL, I HAD ONE RESPONSE TODAY AND I SET UP A MEETING FOR TUESDAY AT 2:00 PM IN THEIR OFFICE FOR THE PERMITS TO SEE WHY THEY DENIED ME.

I WOULD LIKE A RECALL BACK FROM CITY COUNCIL FOR ME TO FIGURE OUT WHAT'S MY NEXT STEP IF THEY DON'T GIVE HIM MY PERMITS.

ALRIGHT, THANK YOU SIR.

ALRIGHT, SO AS I SAID THERE, THIS IS NOT A DISCUSSION ITEM, SO THERE'LL BE NO DISCUSSION BETWEEN COUNSEL AND THE SYSTEMS. I DO THANK YOU FOR COMING AND EXPRESSING YOUR CONCERNS.

UH, WHAT I WILL ASK THE CITY MANAGER TO DO, UM, I DON'T REALLY WANNA PUT A SPECIFIC DATE, BUT I'LL SAY, UH, AS SOON AS YOU AND STAFF CAN PROVIDE COUNSEL, UH, A PATH OR NOT A PATH, BUT INFORMATION ON WHAT DE ANNEXATION MAY OR MAY NOT LOOK LIKE AND WHAT THAT ALL ENTAILS.

UM, COULD YOU, COULD YOU GO, I'LL, I'LL ASK THAT YOU PLACE THAT ON AN AGENDA WORK SESSION AGENDA ITEM, UH, AND LET US KNOW, IS THERE, IS THERE A LEGAL PATH FORWARD AND WHAT WOULD THAT LOOK LIKE? YES, SIR.

[00:10:01]

ALRIGHT.

ALRIGHT.

WE

[2. MINUTES]

SO WE HAVE ITEMS TWO A AND B IS CONCERN APPROVAL OF THE MINUTES OF THE CITY COUNCIL RETREAT HELD ON JANUARY 19TH, AND THEN B IS THE RETREAT HELD ON JANUARY 20TH.

AND SO I'LL ENTERTAIN A MOTION FOR APPROVAL OF ITEMS TWO A AND B, MOTION TO APPROVE ITEMS TWO A AND B SECOND.

OKAY.

ANY QUESTIONS OR COMMENTS REGARDING THE MINUTES? IF NOT ALL THOSE IN FAVOR OF ITEMS TWO, A AND B FOR THE MINUTES AS WRITTEN, PLEASE SAY, AYE.

AYE.

ALL THOSE OPPOSED.

ITEM CARRIES.

NEXT WE'LL GO TO

[a. Recognize City of Baytown Employees for their Years of Service.]

WE'RE GONNA RECOGNIZE THE CITY OF BAYTOWN EMPLOYEES FOR THE YEARS OF SERVICE.

MR. LOPEZ.

GOOD EVENING MAYOR AND COUNSEL.

AND WE HAVE ONE EMPLOYEE TO RECOGNIZE FROM OUR BAYTOWN POLICE DEPARTMENT, STEVE DORIS.

25 YEARS OF SERVICE.

BAYTOWN POLICE LIEUTENANT STEVE DORIS STARTED HIS LAW ENFORCEMENT CAREER IN 1992 WITH THE MONTGOMERY COUNTY CONSTABLE'S DEPARTMENT, WHERE HE SPENT SEVEN YEARS AS A HIGHWAY DRUG INTER EVICTION OFFICER AND A CANINE HANDLING.

IN 1999, STEVE CAME TO WORK FOR THE BAYTOWN POLICE DEPARTMENT, SPENDING HIS FIRST TWO YEARS AS A PATROL OFFICER AND A FIELD TRAINING OFFICER.

HE WAS LATER ASSIGNED TO THE CRIMINAL INVESTIGATIONS DIVISION WHERE HE SERVED AS A LEAD INVESTIGATOR ON HUNDREDS OF INVESTIGATIONS AND INVOLVING PROPERTY CRIMES, FRAUD, HOMICIDES, AND NARCOTIC RELATED OFFENSES.

IN ADDITION, HE WORKED WITH THE HARRIS COUNTY ORGANIZED CRIME UNIT IN AN UNDERCOVER CAPACITY INVESTIGATING NARCOTIC AND ORGANIZED CRIME RELATED OFFENSES AND DRUG TRAFFICKING ORGANIZATIONS.

IN 2009, STEVE PROMOTED TO THE RANK OF SERGEANT WHERE HE SPENT A YEAR AS A PATROL SERGEANT.

A YEAR LATER, STEVE RETURNED TO THE CRIMINAL INVESTIGATIONS DIVISION AS A DETECTIVE SERGEANT OVER THE SPECIAL OPERATIONS UNIT OVERSEEING ALL NARCOTIC GANG AND VICE RELATED INVESTIGATIONS AND UNDERCOVER OPERATIONS.

IN 2015, STEVE PROMOTED TO THE RANK OF LIEUTENANT AND FOR THE FIRST YEAR IN THIS RANK, HE WAS ASSIGNED AS A JAIL DIVISION COMMANDER.

ONLY A YEAR LATER, ONCE AGAIN, LIEUTENANT DORIS WAS BACK IN THE CRIMINAL INVESTIGATIONS DIVISION, WHERE HE SERVED AS THE CRIMINAL INVESTIGATIONS DIVISION COMMANDER, AS WELL AS THE DEPARTMENT'S PUBLIC INFORMATION OFFICER.

IN MARCH OF 2021, LIEUTENANT DORIS RETURNED TO THE PATROL DIVISION WHERE HE CURRENTLY SERVES AS ADMINISTRATIVE LIEUTENANT FOR THE OPERATIONS BUREAU AND PROGRAM MANAGER FOR THE BAYTOWN POLICE DEPARTMENT'S STRATEGIC PLANNING PROGRAM.

LIEUTENANT DORIS HOLDS A MASTER PEACE OFFICER CERTIFICATION AND IS A 2015 RECIPIENT OF THE FEDERAL BUREAU INVESTIGATION LAW ENFORCEMENT EXECUTIVE DEVELOPMENT ASSOCIATION'S TRILOGY AWARD, AS WELL AS A GRADUATE OF THE 275TH SESSION OF THE FBI NATIONAL ACADEMY.

THROUGHOUT HIS CAREER WITH BAYTOWN, LIEUTENANT DORIS HAS SUPPORTED OPERATIONS WITH OVER 20 YEARS OF PROGRESSIVE INVESTIGATIVE EXPERIENCE, AS WELL AS SERVING IN VARIOUS CAPACITIES WITHIN PATROL, INCLUDING PATROL WATCH, COMMANDER FIELDING TRAINING, PROGRAM COORDINATOR, AND MENTAL HEALTH UNIT COORDINATOR.

WE SALUTE YOU, LIEUTENANT DORIS, FOR YOUR SERVICE TO OUR COUNTRY AS AN ARMY VETERAN AND FOR YOUR 25 YEARS OF SERVICE TO OUR CITY.

ALRIGHT, NEXT WE'RE

[a. Conduct a public hearing concerning the rehabilitation by Paths Development, LLC of Village at Baytown Apartments, an approximately 210-unit affordable rental housing complex, located at 4601 Village Lane, Baytown, Harris County, Texas.]

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

EVERYONE DESIRING TO BE A PART OF TODAY'S HEARING SHOULD BE EITHER SIGN THE APPROPRIATE LIST IN THE FOYER OR EMAIL THE CITY CLERK PRIOR TO THE POSTED TIME OF THIS MEETING.

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

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 ARE A GROUP OF PERSONS WISHING TO ADDRESS THE COUNSEL ON THE SAME SUBJECT, PLEASE SELECT THE SPOKESPERSON TO PRESENT THE INFORMATION.

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

SO ITEM FOUR A IS TO CONDUCT THIS PUBLIC HEARING, UH, CONCERNING THE REHABILITATION BY PAST DEVELOPMENT LLC OF VILLAGE OF VILLAGE AT BAYTOWN APARTMENTS AND APPROXIMATELY 210 UNIT AFFORDABLE RENT RENTAL HOUSING COMPLEX, LOCATED AT 46 0 1 VILLAGE LANE, BAYTOWN, TEXAS HARRIS COUNTY.

IT IS NOW SIX FORTY FIVE AND I'LL CALL TO ORDER THIS PUBLIC HEARING CONCERNING THE REHAB OF THE ADDRESS I JUST SPOKE, UM, OR JUST DESCRIBED.

AND I'LL, I'LL ASK STAFF TO SUMMARIZE THE SUBJECT OF THIS PUBLIC HEARING.

DAVE, THANK YOU VERY MUCH MAYOR AND MEMBERS OF COUNCIL RYAN VI, LOCA, ASSISTANT DIRECTOR OF PLANNING DEVELOPMENT SERVICES.

UH, BEFORE YOU THIS EVENING IS A REQUEST, UM, UH, FROM UH, VILLAGE AT BAYTOWN APARTMENTS, A 210 UNIT, UH, COMPLEX.

THIS IS FOR A NON-COMPETITIVE 4%, UH, HOUSING TAX CREDIT.

UH, THIS PROJECT WILL INCLUDE COMPLETELY REHABBING THE INTERIOR OF THE UNITS, UH, IMPROVING ACCESSIBILITY, REPAIRING PAVEMENT AND SIDEWALKS UPDATE, UPDATING THE PLAYGROUND AND OFFICE.

UM, THEY ARE REQUESTING A LETTER OF NO OBJECTION.

UH,

[00:15:01]

OKAY.

THANK YOU.

AND SO, IS THERE ANYONE THAT HAS SIGNED UP FOR THIS ITEM? MS. LER? OKAY.

BEING THAT NO ONE ELSE, UM, HAS SIGNED UP TO SPEAK AND I CLOSE THIS PUBLIC HEARING, UH, CONCERNING THE REHAB, REHABILITATION BY PASSIVE ELEMENT LLC OF VILLAGE AT BAYTOWN APARTMENTS LOCATED AT 46 0 1 VILLAGE LANE HERE IN BAYTOWN, TEXAS.

SO WE

[b. Consider a resolution registering no objection to Paths Development, LLC to apply for the 4% Low Income Housing Tax Credit (LIHTC) through the Texas Department of Housing and Community Affairs (TDHCA) to rehabilitate Village at Baytown Apartments.]

UM, BUT THAT, IS THERE ANY ADDITIONAL QUESTIONS TO STAFF REGARDING THIS? I'M ASSUMING YOU'LL COVERED IT IN THE LAST MEETING, BUT I WANNA MAKE SURE, IF NOT, I WOULD ENTERTAIN A MOTION.

UH, UH, COUNCILMAN IF YOU WOULD MAKE THAT MOTION FOR, FOR ITEM FOUR B, MOVE TO APPROVE ITEM FOUR BA MOTION ON THE TABLE.

IS THERE A SECOND? SECOND? A MOTION TO SECOND? ANY QUESTIONS OR COMMENTS? MY ONLY COMMENT IS, UH, I AM, I'M VERY HAPPY TO SEE.

I'M SURE THE COUNCILMAN HERE IS ALSO, UH, THIS PARTICULAR COMPLEX, UH, IS SO SORELY IN NEED OF IMPROVEMENT AND SO, UM, THIS FINANCE MECHANISM IS CERTAINLY SOMETHING THAT, UH, WE ARE NOT OBJECTING TO, TO GO CERTAINLY IMPROVE THE QUALITY OF LIFE AND CERTAINLY THE BUILDING ITSELF AND THE FACILITY.

SO, UM, I DO APPRECIATE THAT.

SO ALL THOSE IN FAVOR OF FOUR B AS PRESENTED, PLEASE SAY, AYE.

OPPOSED? ITEM CARRIES.

WE MOVE ON TO FI

[a. Consider the second and final reading of an ordinance for the proposed annexation of approximately 54.589 acre tract of land out of Restricted Reserve “A” Blk 1 of the Replat of Restricted Reserve “A” of Cedar Crossing Phase II Subdivision, herein described tract being out of the residue of that called 102.12 acre tract, save and except a 14.229 acre tract conveyed to Cedar Crossing, situated in the John Steele Survey, Abstract No. 227, Chambers County, Texas, and all property situated in Industrial District No. 3 required for the described annexation.]

I WOULD ASK YOU TO PROVIDE ANY INFORMATION REGARDING THIS.

THANK YOU VERY MUCH, MAYOR.

UH, MEMBERS COUNCIL, UH, THIS IS A, UH, SECOND AND FINAL READING OF AN ANNEXATION.

UH, YOU HAD YOUR FIRST READING ON THIS BACK IN NOVEMBER 20TH.

UH, THIS IS BEFORE YOU THIS EVENING BECAUSE, UM, OF AN EXPIRATION OF AN IDA, UH, WITH, UH, THE PROPERTY OWNER.

UH, WE HAVE NOT SECURED, UH, RENEWAL OF THAT.

AND SO WE ARE MOVING FORWARD WITH, UH, THE SECOND AND FINAL READING OF THIS THIS EVENING.

ALRIGHT, SO WE WILL CONSIDER, UH, ITEM FIVE A AS RECEIVED AND READ FOR ITS SECOND AND FINAL READING.

WE'LL MOVE ON TO ITEM

[b. Consider an ordinance adding the newly annexed property generally described as approximately 54.589 acre tract of land out of Restricted Reserve “A” Blk 1 of the Replat of Restricted Reserve “A” of Cedar Crossing Phase II Subdivision, herein described tract being out of the residue of that called 102.12 acre tract, save and except a 14.229 acre tract conveyed to Cedar Crossing, situated in the John Steele Survey, Abstract No. 227, Chambers County, Texas, and all property situated in Industrial District No. 3 required for the described annexation into Council District No.6.]

IT'S TO CONSIDER ORDINANCE ADDING THE NEWLY ANNEXED PROPERTY GENERALLY DESCRIBED AS APPROXIMATELY 50 POINT 54.589 ACRE TRACK OF LAND.

UH, I'M NOT GONNA READ EVERYTHING, IT'S THE SAME PROPERTY WE JUST DISCUSSED.

AND SO, UH, THE ONLY THING THAT IS IN ADDITION TO THAT, IT SAYS, ALL PROPERTY SITUATED IN INDUSTRIAL DISTRICT NUMBER THREE REQUIRED FOR THE DESCRIBED ANNEXATION INTO COUNCIL DISTRICT NUMBER SIX.

AND SO THAT WAS THE ONLY ADDITIONAL LANGUAGE, UH, IN ITEM FIVE B.

SO I WILL OPEN IT UP TO DISCUSSION OR AT LEAST MAKE A, IF SOMEBODY LIKES TO MAKE A MOTION FOR DISCUSSION OF ITEM FIVE B, I MAKE A MOTION FOR DISCUSSION FROM FIVE B.

OKAY.

A MOTION SECOND.

THIS IS FOR DISCUSSION.

YES, SIR.

COUNCILMAN YOU? ANY COMMENTS? ANY QUESTIONS? I HAVE A NOTE, MR. LESTER, IF YOU'D LIKE TO GO AHEAD.

OKAY.

SO STAFF WAS HOPING TO HAVE THIS RESOLVED BEFORE THE COUNCIL MEETING.

THIS HAS BEEN AN ONGOING ISSUE FOR MONTHS AT THIS POINT THAT WE'VE BEEN TRYING TO WORK WITH THE PROPERTY OWNERS.

UH, WE ARE ALSO WORKING WITH CEDAR PORT.

UM, OVERALL WE ARE GONNA RECOMMEND THAT WE MOVE FORWARD WITH THE ANNEXATION THIS EVENING.

WITH THAT SAID, UM, IT IS NOT COMPLETELY FINAL UNTIL THE MAYOR AND I SIGN THE DOCUMENTS.

WE CONTINUE TO WORK WITH BOTH PARTIES AT THIS POINT.

THIS JUST, IF WE MOVE FORWARD WITH ANNEXATION, UM, THE DOCUMENT DOES NOT HAVE TO BE SIGNED, UM, AT THIS POINT IN TIME.

AND IT GIVES US, UH, UH, A DAY OR TWO TO CONTINUE TO WORK WITH CEDAR PORT AND THIS, UH, DEVELOP OR THIS PROPERTY OWNER, UH, TEXAS PROPERTIES LLC.

UM, INSTEAD OF TRYING TO RUSH THROUGH AN IDA, UH, THIS, UH, IS A SAFEGUARD FOR THE CITY AT THIS POINT TO MOVE FORWARD WITH THE ANNEXATION.

IT IS NOT THE PATH THAT WE WANTED TO GO WITH, UM, BY ANY STRETCH OF THE IMAGINATION.

UH, IT IS JUST GONNA NEED MORE TIME.

WE ARE AT A TIME CRUNCH AT THIS POINT, UH, THAT THE CITY HAS TO TAKE ACTION.

AND, UH, SO I WILL RECOMMEND TO COUNSEL THAT WE MOVE FORWARD WITH THE ANNEXATION, WHICH IS NOT, UM, ANYTHING THAT HAS BEEN

[00:20:01]

WE'VE, WE WERE ALWAYS VERY OPTIMISTIC THAT WE WERE GOING TO TAKE CARE OF THE IDA BEFORE IT GOT TO THIS MEETING TONIGHT.

AND, UM, UH, UNFORTUNATELY THIS IS WHERE WE'RE AT TODAY.

OKAY.

DOES ANY, UH, COUNCIL MEMBER HAVE ANY QUESTIONS TO STAB THE CITY MANAGER OR THE CITY ATTORNEY REGARDING THIS ACT, THE ACTION THAT, THAT WE COULD TAKE? GO AHEAD.

YES, MA'AM.

I JUST WAS GONNA ASK, UM, WHAT TIMELINE IS THE STAFF GIVING, UM, YOURSELVES TO, TO TRY TO WORK THIS OUT? I WOULD SAY A MATTER OF DAYS WE'VE BEEN IN, UH, CONSTANT COMMUNICATION BOTH WITH THE LANDOWNER AND, UH, MADE, UH, INROADS WITH, UM, CEDAR PORT AS WELL.

SO I HOPE BY TOMORROW, BY MONDAY WE CAN HAVE, UM, UH, A SIGNED AGREEMENT, BUT WE'RE STILL WORKING ON IT.

OKAY.

DO YOU FEEL LIKE IT'S PROGRESSING IN THE RIGHT DIRECTION? IT'S, IT'S PROGRESSING IN THE RIGHT DIRECTION.

THE, THE, UH, LANDOWNER IS OUT OF STATE, THE ATTORNEYS ARE OUTTA STATE.

UM, IT'S BEEN A BIT OF AN EDUCATION FOR THEM ON WHAT AN IDA IS.

OKAY.

AND, AND WHAT PURPOSE IT SERVES.

AND SO THEY JUST HAVE A LOT OF QUESTIONS AND, AND A LOT OF UNEASE, BUT, UH, WE'RE TRYING TO HELP 'EM THROUGH THAT PROCESS.

THAT MAKES MORE SENSE.

OKAY.

THANK YOU.

OKAY, THANK YOU.

YES, SIR.

MY ONLY COMMENTS, MAYOR, I DON'T WANT TO TAINT ANYTHING, IS, YOU KNOW, THE IDAS ARE SOMETHING A LITTLE, NOT NECESSARILY UNIQUE, BUT UNIQUE TO US TO SOME EXTENT.

BUT WE NEED TO MAKE IT REAL CLEAR THAT IF THESE MAJOR INDUSTRIES, THEY DON'T WANT TO RENEW THEIR IDAS, THAT'S FINE.

WE WILL ANNEX THEM AND THEY'LL PAY 100% OF THEIR TAX VALUE INSTEAD OF THE DISCOUNTED RATES.

SO THAT'S FINE WITH ME EITHER WAY.

I WOULD PREFER THAT THEY WORK WITH STAFF AND, AND COME THROUGH WITH AN EQUITABLE IDA, WHICH MOST OF THEM ARE VERY EQUITABLE.

BOTH SIDES OF THE PICTURE, UH, APPRECIATE THAT THEY'RE OUTTA STATE SOMETHING NEW TO THEM.

THEY'RE, THEY'RE FIGURING IT OUT.

'CAUSE I TALK ABOUT IDAS WHEN I TRAVEL, AND A LOT OF FOLKS ARE JUST, THEY DON'T UNDERSTAND.

'EM TAKES A WHILE TO FIGURE IT OUT.

I GOT THAT.

BUT, UH, WE NEED TO MAKE IT REAL CLEAR TO THESE INDUSTRIES THAT IF THEY DON'T WANT TO RENEW THEIR IDAS, THAT'S FINE.

PART OF THE IDA AGREEMENT IS WE WILL ANNEX YOU AND YOU WILL PAY 100%.

AND, AND I'M GOOD WITH THAT, BUT I APPRECIATE THE STAFF'S CONTINUATION OF, THERE'S NOT A HARD LINE IN THE SAND.

WE'RE GONNA CONTINUE TO WORK IT, BUT MY UNDERSTANDING WAS THIS GOT TO A POINT THAT WE EITHER TAKE THIS ACTION OUT OR WE LOSE THE OPPORTUNITY TO TAKE THIS ACTION.

SO I APPRECIATE IT, UH, TO THE STAFF.

SO THAT'S ALL I GOTTA SAY.

ALRIGHT, THANK YOU.

COUNCILMAN.

ANY ADDITIONAL QUESTIONS OR COMMENTS? I JUST HAVE A QUESTION THERE.

UM, BECAUSE THE ANNEXATION IS PART OF THE ORIGINAL AGREEMENT FROM AN IDA.

UM, AND SO WHEN ENTERING THESE AGREEMENTS, THESE INDUSTRIES SHOULD KNOW THAT THIS IS A POSSIBILITY.

AND THIS IS NOT THE FIRST TIME WE'VE ENCOUNTERED THIS.

WE'VE DONE THIS EVEN WITH OUR BIG INDUSTRY, SO IT'S NOTHING NEW.

BUT, UH, I'M JUST CURIOUS IF, IF THEY'RE NOT FAMILIAR WITH IT, DID THEY HAVE A CHANGE IN LEGAL REPRESENTATION OR, UM, WHY IS IT STILL KIND OF NEW TO THEM? THAT'S, THAT'S A GREAT QUESTION.

THIS IS, OKAY, I'LL LET MR. MORAN, THE, THE COMPANY WAS RECENTLY ACQUIRED WITHIN THE LAST, UH, UH, NINE TO 10 MONTHS.

THANK YOU.

THAT ANSWERS MY QUESTION.

OKAY.

ANY ADDITIONAL QUESTIONS, COMMENTS, AND AS THE COUNCILS SAID, I MEAN, THIS IS THE PROCESS AND, AND SO IT, THE PROCESS IS NOTHING NEW.

CERTAINLY, UH, I HOPE THAT IT CAN BE WORKED OUT IN A MATTER OF DAYS AND I GUESS UNDER THE ASSUMPTION THAT WE WILL, IF THIS IS, IF THIS PASS IS NOT IN A SENSE TRULY CODIFIED UNTIL THEIR SIGNATURES ON THE DOCUMENT, IS THAT CORRECT, MR. CITY ATTORNEY? THAT IS CORRECT, YES, SIR.

ALRIGHT.

SO WITH THAT, WITH THAT IN MIND, I WOULD ENTERTAIN A MOTION FOR APPROVAL OF ITEM FIVE B AS AS PRESENTED.

SO MOVED.

SECOND.

SECOND.

A MOTION.

MULTIPLE SECONDS.

ANY ADDITIONAL QUESTIONS OR COMMENTS? IF NOT ALL THOSE IN FAVOR OF ITEM FIVE B IS PRESENTED FOR THIS ANNEXATION.

UH, PLEASE SAY AYE.

AYE.

ALL THOSE OPPOSED.

ITEM CARRIES.

[c. Consider an ordinance extending the time for which the San Jacinto Cottage Planned Unit Development (PUD) is valid. ]

YES, SIR.

THANK YOU VERY MUCH, MR. MAYOR.

UH, AND MEMBERS OF COUNSEL, UH, THE APPLICANT IS, UH, REME FINANCIAL LLC.

THEY'RE REQUESTING A 12 MONTH EXTENSION TO THEIR DETAIL PLAN FOR THE SAN JACINTO COTTAGE, UH, PLANNING UNIT AND DEVELOPMENT.

UM, THE ODC HAS A TWO YEAR EXPIRATION, UH, IN IT, UH, FROM THE DATE OF APPROVAL.

UM, IF THERE ARE NO BUILDING PERMITS THAT HAVE BEEN ISSUED, UM, OBVIOUSLY WITH SOME ECONOMIC UNCERTAINTY WITH THE INTEREST RATES, THINGS LIKE THAT, UH, THE DEVELOPER, UH, IS REQUESTING AN EXTENSION ON, ON THIS PROJECT.

THEY'RE STILL INTERESTED IN DOING THE PROJECT, THEY JUST NEED A LITTLE BIT MORE TIME TO GET THEIR DUCKS IN A ROW.

UM, APPROVAL OF THIS REQUEST WOULD EXTEND THE DETAIL, UH, PLAN APPROVAL UNTIL JANUARY 27TH, 2025.

[00:25:02]

UH, WE BELIEVE THAT, UH, IT CREATES, UH, UNCERTAINTY.

UM, AND THAT IS ONE OF THE THINGS THAT WE ARE TRYING TO, UH, CREATE IS CERTAINTY IN OUR DEVELOPMENT PROCESSES.

UM, AND SO WE ARE WORKING THROUGH THAT PROCESS, UH, SO THAT, UH, MAY BE BEFORE YOU HERE WITHIN THE NEXT COUPLE OF MONTHS.

SO STAFF IS RECOMMENDING APPROVAL OF THIS, UH, EXTENSION.

OKAY.

LEMME JUST QUICKLY ASK, IS THERE ANYBODY HERE THAT IS, THAT REPRESENTS SANTO COLLEGE PLAN UNIT DEVELOPMENT AT ALL? IS THERE, UH, I'LL ASK, IS THERE ANYTHING THAT YOU WANT TO ADD TO THIS CONVERSATION? UM, YOU GOT, YOU HAVE TO COME UP HERE TO THE MIC IF YOU'RE GONNA, IF YOU'RE GONNA SPEAK, IS THERE ANY INFORMATION YOU'D LIKE COUNSEL TO KNOW BEFORE WE MAKE A DECISION? UH, GOOD EVENING.

THANK YOU MAYOR.

UH, PHILIP CAREY, 7 0 1 PUTTER COURT, COLLEGE STATION, TEXAS.

UM, JUST THAT, UH, YOU KNOW, SINCE, UM, OVER THE LAST FEW MONTHS WE'VE ACTUALLY SUBMITTED, UH, ALL OF OUR CIVIL DESIGN.

SO WE'RE, WE'RE VERY WELL INTO THE PROCESS AND, AND HAVE, UH, PROCEEDED WITH MOVING FORWARD, UH, WITH THIS THING.

SO, UM, WE'RE WAITING TO PULL PERMITS.

UH, WE PROPERTY TAXES, ALL THAT OUR CURRENT, SO WE'RE CONTINUING TO SPEND MONEY ON THE SITE TO, UH, GET, GET IT, UH, ROCKING AND ROLLING.

OKAY.

MY ONLY QUESTION WOULD BE, I MEAN, DO YOU HAVE A, A TIMEFRAME ON, EVEN WITH THE 12 MONTH EXTENSION, I UNDERSTAND THAT, IS THERE A TIMEFRAME THAT YOU EXPECT TO PULL PERMITS? UH, SO PERMITS ARE ESSENTIALLY READY TO BE PULLED, UM, WITH, UH, WITH EXCEPTION JUST TO A COUPLE, COUPLE, UH, MINOR ISSUES, BUT OUR, OUR VERTICALS GETTING FIGURED OUT.

WE, WE'VE ACTUALLY BROUGHT IN A GROUP, UM, BLG AND ROCKY LI WHO, UH, DID SOUTH WINDS HERE WITH YOU GUYS.

UM, AND, UM, THEY'RE GONNA BE A, UH, PRETTY IMPORTANT PART OF THIS PIECE, UH, MOVING FORWARD.

UM, SO I'M, I'M HOPING, UM, I, I'D LIKE TO SAY MAYBE Q2 TO Q4, BUT I THINK SOMETIME IN 2024 THERE'S GONNA BE SOME DIRT MOVING OUT THERE.

SO THE 12 MONTHS IS MORE JUST AS CONTINGENCY TIMEFRAME WITH ANYTHING THAT MAY BE UNFORESEEN.

ABSOLUTELY.

OKAY.

THAT'S WHAT I NEEDED TO KNOW.

IS THERE ANY QUESTIONS FOR THIS GENTLEMAN? NO.

OKAY.

THANK YOU SIR.

ALRIGHT, THANK YOU.

ALRIGHT, SO, UM, ITEM FIVE C.

SO CONSIDER THIS ORDINANCE EXTENDING THE TIME, UH, TO 12 MONTHS, WHICH WILL BE JANUARY 27TH, 2025.

SO WITH THAT, I WOULD ENTERTAIN A, A MOTION, UH, UH, COUNCILMAN, ONCE AGAIN, I BELIEVE SO.

UM, IT'S FAR ITEM FIVE C, MOTIONS ARE APPROVE EXTENSION.

ALRIGHT, WE HAVE A MOTION FOR THE 12 MONTH EXTENSION, UH, REGARDING THIS PUD UH, CAN I GET A SECOND? SECOND.

A MOTION SECOND.

ANY QUESTIONS OR COMMENTS? IF NOT ALL IN FAVOR OF THIS EXTENSION OF ITEM FIVE C, PLEASE SAY AYE.

AYE.

THOSE OPPOSED? ITEM CARRIES.

GOOD LUCK.

HOPE TO SEE YOU, UH, VERY SOON.

PULL PERMITS.

WE'LL MOVE ON TO

[d. Consider an ordinance authorizing an Industrial District Agreement with Texas Properties, LLC.]

IT'S CONSIDERED AN ORDINANCE AUTHORIZING AN INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS PROPERTIES.

LLC TAKE NO ACTION.

OH, THERE'S NO ACTION ON THIS ONE.

OKAY, SO I GUESS THIS ONE IS JUST, IS NOT RIGHT.

THIS IS THE, THIS IS THE ONE FROM HERE.

OKAY.

SO, UH, THIS IS ASSOCIATED WITH OBVIOUSLY THE ACTION THAT, THAT WE TOOK EARLIER.

SO WE HOPEFULLY THAT, THAT IIDA WILL BE IN FRONT OF US SOON.

NEXT, WE'LL GO

[a. Consider a resolution authorizing the publication of the Notice of Intent to issue Certificates of Obligation; approving the preparation of one or more preliminary official statements; and providing for the effective date thereof.]

MS. MCKENZIE, UH, COUNSEL, IF YOU RECALL, WE HAD SEVERAL DISCUSSIONS ABOUT THE, UM, PROPOSED DEBT FOR FY 24 FOR OUR CIP.

UM, THIS NOTICE OF INTENT IS, UH, A CERTIFICATE OF OBLIGATION WITH SEVERAL FUND COMPONENTS TO INCLUDE GENERAL FUND, OH, I'M SO SORRY.

UH, GENERAL FUND OF 15 MILLION STORM WATER, 16.8 MILLION, TUR 7.5 MILLION AND WATER INSURED 19.9 MILLION.

UM, ALTHOUGH THIS THE ENTIRE CO IS SECURED BY, UH, VALOREM TAX, THE INTENT FOR THE OTHER DEBT OTHER THAN GENERAL FUND WILL BE PAID BY THE REVENUE SOURCE INDICATED AS LONG AS THAT REVENUE IS GENERATED.

UM, COMBINING THE CO SIMPLY SAVES THE CITY ON THEIR BOND ISSUANCE COSTS.

AND THIS BOND ISSUANCE IS NOT TO EXCEED $60 MILLION.

THE PROPOSED DEBT WAS PRESENTED TO THE FINANCE COMMITTEE ON FEBRUARY 8TH.

STAFF RECOMMENDS APPROVAL AND I'M HAPPY TO ANSWER ANY QUESTIONS.

WE ALSO HAVE OUR FINANCIAL ADVISOR HERE AND BOND COUNSEL TO ASSIST WITH QUESTIONS IF YOU HAVE ANY.

OKAY.

SO WITH THAT, I'M ASSUMING, I GUESS MY OWN QUESTION FOR YOU, OR IT COULD BE FOR THE CHAIR, SO IS THE FINANCE COMMITTEE, ARE THEY RECOMMENDING APPROVAL OF THIS, UH, ON BEHALF OF THE, THE FINANCE COMMITTEE? I MEAN, WE REVIEWED, UM, EACH OF THE, UH, THE FUNDING, UM, OR THE REVENUE SOURCES FOR THIS.

UM, UH, THE STAFF DID A GREAT JOB OF ANSWERING ALL OUR QUESTIONS AS FAR AS WHAT, UM, YOU KNOW, WHAT REVENUE WAS AVAILABLE THAT COULD, THAT COULD SUPPORT THIS AMOUNT OF DEBT.

AND, UM, I

[00:30:01]

SO.

OKAY.

AND THIS WAS, THIS WAS BASICALLY, I GUESS THE UNDERSTANDING WHEN, WHEN THE BUDGET WAS APPROVED FOR FY 24, THESE WERE THE CAPITAL IMPROVEMENTS AND FUNDING SOURCE THAT WAS PRESENTED TO COUNCIL? YES, SIR.

CORRECT.

OKAY.

SO WITH THAT, I GUESS I'D ENTERTAIN A MOTION FOR ITEM SIX A AS PRESENTED MOTION.

I SECOND MOVE, MOTION SECOND.

ANY QUESTIONS OR COMMENTS? I HAVE A COMMENT.

MAYOR.

YES, SIR.

UM, I KNOW I SAID A, AS FINANCE, WE LOOKED AT CAN THE, THE BUDGET SUPPORT THIS? UM, BUT FOR ME PERSONALLY, I THINK IT'S ANOTHER QUESTION OF, ALTHOUGH IT CAN, SHOULD IT SUPPORT THAT, UM, I KNOW I'VE STATED BEFORE THAT, UM, I DON'T LIKE TO SEE, UM, NON-EMERGENCY DEBT ISSUED.

UM, AND I JUST THINK SOME OF THE ITEMS ON THIS LIST, UM, WE DON'T NEED TO ISSUE DEBT FOR THEM.

UM, I THINK WE COULD DO A BETTER JOB OF, OF TIGHTENING OUR BELTS, UM, THROUGH THE BUDGET PROCESS.

AND I THINK THERE'S SOME OF THESE ITEMS THAT, UH, JUST TAKING OUT DEBT IS UNNECESSARY.

UM, AND SO I'M OPPOSED TO IT FOR THAT REASON.

OKAY, THANK YOU, COUNCILMAN.

I'M GONNA COMMENT ON THAT, AND IT'S NOT WITH, IT'S NOT FROM YOUR COMMENT, BUT THERE IS SOMETHING THAT I'M PARTICULARLY PROUD THAT WE ARE ACTUALLY TAKING ACTION AND THAT THIS IS BEING FUNDED AND PARTICULARLY, AND I'M SURE, UH, UH, COUNCILMAN LESSER WOULD, UH, WOULD ALSO ENJOY THIS, BUT THE DAN, THE DAN NINA AREA DRAINAGE SYSTEM IMPROVEMENTS, AND SO THAT IS A $40 MILLION THING PROBLEM.

UH, I WILL SAY WE, WE MET WITH OUR COUNTY COMMISSIONER, BROUGHT 'EM OUT HERE, AND IT, IT ALL THAT ASSOCIATED WITH THE FLOODING INTO THE FELL STREET AREA, I KNOW IT MET WITH THOSE RESIDENTS IN I THINK END OF 2019.

UH, AND IT WASN'T JUST SOMETHING THAT WE CAN JUST KIND OF JUST CLEAN OUT SOME DITCHES AND OTHER THINGS.

SO I'M JUST HAPPY TO SEE THAT, THAT, UH, A LOT OF THE DRAINAGE ISSUES ARE BEING ADDRESSED AND PARTICULARLY THAT'S WHY I DO SUPPORT THIS TYPE OF CIP, UH, ACTIVITIES AND CERTAINLY THE, THE FUNDING SOURCES FOR THEM.

UH, AND I THINK THERE'S A MULTITUDE OF A LOT OF INFRASTRUCTURE THAT IS SORELY NEEDED IN OUR CITY.

AGAIN, I DO, I DO RELY ON BOTH THE CIP AND FINANCE COMMITTEE, AND I DO RESPECT EVERYONE'S WISHES.

UH, BUT WITH THAT SAID, UM, WE'LL MOVE ON TO, I GUESS, UH, THE, THE, THE ITEM WOULD BE TO APPROVE THESE, UH, THE FUNDING SOURCE.

THERE WAS A MOTION A SECOND.

SO IS THERE ANY QUESTIONS OR COMMENTS REGARDING ITEM SIX A? JUST A COMMENT, MAYOR.

YES SIR.

IF I MAY.

AND, UM, I'M SPEAKING FROM BOTH COMMITTEES SINCE I WAS A PART OF, UH, BOTH OF THEM.

AND I THINK WHAT'S IMPORTANT TO NOTE AS WELL IS THAT, UM, WE ARE RECEIVING FUNDS FROM OTHER ENTITIES, UH, PRECINCT TWO FOR SOME OF THESE PROJECTS UNDER STORMWATER UTILITIES.

SO, UM, THAT WAS ONE OF THE DECISION FACTORS THAT WE MADE IN TERMS OF KEEPING SOME OF THOSE PROJECTS BECAUSE WE DEFINITELY NEVER WANNA TURN AWAY MONEY FROM OTHER ENTITIES TO BE ABLE TO, UH, COMPLETE A PROJECT.

SO, UM, I JUST WANTED TO NOTE THAT AS WELL.

OKAY.

APPRECIATE IT.

AND AGAIN, I MEAN, STORMWATER UTILITY AND JUST DRAINAGE IS, IS SOMETHING THAT WE CONTINUE TO BATTLE, BUT YOU LOOK AT AREAS OF TOWN, SOUTH, MAIN REPUBLIC, WEST, TEXAS AVENUE, WEST BAYTOWN, DRAINAGE, AND DAMINA, THOSE ARE KEY AREAS THAT WE CONTINUE TO, TO STRUGGLE WITH AND THIS WILL CERTAINLY HELP THOSE ISSUES.

SO, UH, WITH THAT, UH, YES, COUNCILMAN, I JUST WANT TO ADDRESS WHAT MY COLLEAGUE SAID.

YOU KNOW, I, I UNDERSTAND THAT, YOU KNOW, SEE, YOU DON'T WANNA SEE COS USED FOR, UM, NOTHING BUT NON-EMERGENCY, BUT THESE ARE NECESSARY IMPROVEMENTS THAT OF, UH, MAINTENANCE THAT'S WELL OVERDUE AND, UM, IT, IT'S, IT'S A NEED THAT THE CITY'S BEEN NEEDING FOR A LONG TIME.

SO, UM, I'M THE FULL OF SUPPORT OF THIS, THIS BOND.

YEAH, AND I'M, I I WOULD PROBABLY SAY THERE'S SOME CITIZENS, I'M SURE IN THE DAN BENA AREA, I CAN THINK ONE IN PARTICULAR, BUT I COULD TELL YOU FOR THEM IT IS AN EMERGENCY.

SO WITH THAT SAID, ANY ADDITIONAL QUESTIONS OR COMMENTS FOR, FOR ITEM SIX A FOR THE ISSUANCE OF THIS DEBT? IF NOT, THERE IS A MOTION AND SECOND.

SO ALL THOSE IN FAVOR OF ITEM SIX A, PLEASE SAY AYE.

AYE.

AYE.

ALL THOSE OPPOSED? NA.

WE HAVE ONE THAT TWO, ONE JUDGE TO MAKE SURE.

YEP.

OKAY.

SO WE HAVE, UM, I GUESS THE ITEM STILL PASSES, I GUESS FIVE TWO VOTE.

WE'LL

[b. Consider a resolution approving the issuance of bonds by the Baytown Area Water Authority.]

CONSIDER A RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE BAYTOWN AREA WATER AUTHORITY, MS. MCKENZIE.

UM, THIS RESOLUTION APPROVES THE ISSUANCE OF PROPOSED DEBT FOR BAWA, UM, IN THE AMOUNT OF $23.5 MILLION.

UM, THIS DEBT WILL BE PAID BY THE REVENUE SORT, THE REVENUE THAT BALA GENERATES, UM, AND IT IS FOR THE WALL, WALL WATER REHABILITATION AND THE EUR WATER PLANT.

UH, PHASE TWO EXPANSION.

UM, THIS WAS ALSO PRESENTED TO THE FINANCE COMMITTEE ON THE EIGHTH.

UH, STAFF RECOMMENDS APPROVAL AND I'M HAPPY TO ANSWER ANY QUESTIONS.

OKAY, ANY QUESTIONS REGARDING THIS? I'M NOT ENTERING A MOTION FOR ITEM SIX B, SECOND MOTION SECOND.

ANY QUESTIONS, COMMENTS FOR MS. MCKENZIE

[00:35:01]

AYE.

ALL THOSE OPPOSED? ALL RIGHT, WE HAVE NEXT

[a. Calendar Year 2023 Racial Profiling Analysis and Report.]

OKAY, THANK YOU.

GOOD EVENING, JUDGE STRINGER, CHIEF POLICE BAYTOWN, UH, POLICE DEPARTMENT.

UH, SINCE PASSING THE 2001 TEXAS RACIAL PROFILING LAW, THE BAYTOWN POLICE DEPARTMENT HAS COMPLIED WITH THIS LAW COLLECTING DATA FROM TRAFFIC STOPS FOR THE PURPOSE OF IDENTIFYING AND ADDRESSING ANY IDENTIFIABLE CONCERNS REGARDING RACIAL PROFILING PRACTICES WITHIN THE DEPARTMENT.

THE BPD, LIKE OTHER AGENCIES WHO CONDUCT TRAFFIC STOPS AND TRAFFIC ENFORCEMENT IS REQUIRED TO REPORT CONTACT INFORMATION FOR ALL MOTOR VEHICLE STOPS REGARDLESS OF THE DISPOSITION.

EXCUSE ME.

THE INFORMATION CONTAINED IN THIS REPORT REFLECTS DATA AND ANALYSIS OF TRAFFIC STOPS CONDUCTED BY THE AGENCY IN THE CALENDAR YEAR OF 2023.

THIS REPORT IS REQUIRED TO BE PRESENTED TO THE GOVERNING BODY OF THE CITY OF BAYTOWN NO LATER THAN MARCH 1ST OF EACH CALENDAR YEAR.

IT'S ALSO REQUIRED TO BE REPORTED TO THE TEXAS COMMISSION ON LAW ENFORCEMENT IN ACCORDANCE WITH STATE LAW.

THE FOLLOWING DECLARATIONS ARE MADE BY THE DEPARTMENT.

THE BPD EQUIPS ALL MARKED PATROL UNITS WITH DIGITAL VIDEO AND AUDIO RECORDING DEVICES THAT RECORD THE TRAFFIC STOPS.

BODY-WORN CAMERAS ARE ALSO ISSUED TO ALL PATROL OFFICERS, WHICH RECORDS THE SAME DATA AND THE SAME ENCOUNTERS.

IN ADDITION TO THIS, THE BPD PROVIDES REQUIRED TRAINING IN ANTI-BIAS, RACIAL PROFILING, AND CULTURAL DIVERSITY TO ALL PERSONNEL.

THESE DIGITAL RECORDINGS ARE PERIODICALLY REVIEWED TO ENSURE THAT OFFICERS CONTINUE TO ADHERE TO THE DEPARTMENT'S POLICIES AND PROCEDURES, INCLUDING THOSE REGARDING RACIAL PROFILING AND TRAFFIC ENFORCEMENT.

AUDIO AND VIDEO RECORDINGS ARE DIGITALLY MAINTAINED FOR NO LESS THAN 90 DAY PERIOD PRIOR TO BEING PURGED FROM THE RETENTION SYSTEM, UNLESS THAT IS REQUIRED FOR EVIDENTIARY PURPOSES, UH, PURPOSES OF COMPLAINTS OF RACIAL PROFILING OR OTHER MISCONDUCT.

THE BPD HAS WRITTEN POLICIES AND PROCEDURES DEFINING AND PROHIBITING ACTS CONSTITUTING BIAS BASED PROFILING, AS WELL AS MECHANISMS FOR REPORTING RACIAL PROFILING OR OTHER MISCONDUCT.

CITIZENS MAY FILE SUCH COMPLAINTS ONLINE VIA THE BAYTOWN POLICE DEPARTMENT'S PAGE ON THE CITY WEBSITE.

COMPLAINTS ARE REVIEWED AND ASSIGNED TO THE APPROPRIATE INTERNAL AUTHORITY FOR INVESTIGATION.

ALL SUPERVISORS ARE RESPONSIBLE FOR ENSURING THAT PERSONNEL ARE FAMILIAR WITH AND IN COMPLIANCE WITH LAWS, RULES, REGULATIONS, AND POLICY AND PROCEDURE.

THE BAYTOWN POLICE DEPARTMENT SERVES A POPULATION OF APPROXIMATELY 84,490 RESIDENTS AS OF 2022.

IT'S ESTIMATED THAT HISPANIC RESIDENTS COMPRISE 52.2% OF OUR POPULATION WITH 28.8% BEING WHITE OR CAUCASIAN, AND 15.6% BEING AFRICAN AMERICAN OR BLACK.

DURING 2023, THE DEPARTMENT CONDUCTED 13,545 STOPS FOR WHICH RACIAL PROFILE DATA WAS COLLECTED IN ACCORDANCE WITH THE LAW.

RESULTS SHOW THAT OF THESE 37.34% OF DRIVERS WERE WHITE OR CAUCASIAN, REFLECTING A 4% INCREASE OVER THE PREVIOUS YEAR.

2022 32.93% OF THE DRIVERS WERE HISPANIC, WHICH IS A 5% DECREASE FROM THE SAME TIME LAST YEAR.

AND 28.05% OF DRIVERS WERE BLACK, WHICH IS UP 1% AND 93.45% OF THESE STOPS.

THE RACE OF THE DRIVER WAS NOT KNOWN TO THE OFFICER PRIOR TO THE TRAFFIC STOP.

TOTAL SEARCHES, WHETHER THEY WERE CONSENSUAL OR NON-CONSENSUAL, WERE CONDUCTED IN 1,460 OR 11% OF THESE TOTAL ENCOUNTERS.

MOST SEARCHES DURING A TRAFFIC STOP WERE PERFORMED AS AN INCIDENT TO ARREST OR ON, OR 47% OF THE 1,460 SEARCHES.

ARREST OCCURRING FROM A TRAFFIC STOP ARE GENERALLY, GENERALLY THE RESULT OF VIOLATIONS THAT WOULD IN GOOD CONSCIENCE PROHIBIT THE OFFICER FROM ALLOWING THE PERSON TO CONTINUE ON OTHER TRAFFIC ARRESTS ARE THE RESULT OF THE DRIVER BEING FOUND TO BE WANTED BY THIS OR OTHER AGENCIES FOR OUTSTANDING WARRANTS.

SEARCHES BASED ON PROBABLE CAUSE COMPRISE 28% OF THE SEARCHES AND CONSENT SEARCHES ACCOUNT FOR ANOTHER 15% OF THESE SEARCHES.

OUT OF THESE 13,545 TRAFFIC STOPS, 1065 OR 8%, EXCUSE ME, RESULTED IN ARREST.

THE LEADING CALLS FOR ARREST WERE VIOLATION OF THE PENAL CODE, VIOLATION OF TRAFFIC LAW OR OUTSTANDING WARRANTS RESPECTIVELY.

OF THESE 40% OF THE SUBJECTS

[00:40:01]

ADDITIONAL DETAILS ARE AVAILABLE IN THE REPORT THAT WAS SUBMITTED TO THE TEXAS COMMISSION ON LAW ENFORCEMENT AND CAN BE ACCESSED AT WWW.TCOLETEXAS.GOV/CONTENT/RACIAL PROFILING.

DATA FOR THIS REPORT WAS COMPILED FROM THE POLICE DEPARTMENT'S ZO SOFTWARE SYSTEM.

THE DATA AND INFORMATION ARE REPRESENTED IN THIS THAT ARE, THAT ARE REPRESENTED IN THIS REPORT HAVE BEEN REVIEWED AND BELIEVED TO BE ACCURATE AND CORRECT.

DURING THE CALENDAR YEAR 2023, THE DEPARTMENT RECEIVED NO RACIAL PROFILING COMPLAINTS.

THE DATA REPORTED FOR CALENDAR, CALENDAR YEAR 2023 HAS BEEN REVIEWED AS WELL AS PERIODIC SUPERVISORY REVIEW OF THE INDIVIDUAL OFFICERS VIDEO AND AUDIO RECORDINGS BASED ON A COMPARISON TO THE PREVIOUS YEAR'S RACIAL PROFILING REPORT, THE DATA IS CONSISTENT AND THERE'S NO INDICATION THAT THE DEPARTMENT NOR INDIVIDUAL OFFICERS ENGAGED IN RACIAL PROFILING ACTIVITY.

THE DATA COLLECTED AND COOPERATIVE AND COMPARATIVE ANALYSIS CONDUCTED BY THE BAYTOWN POLICE DEPARTMENT IS COMPLIANT WITH APPLICABLE TEXAS LAW.

THE DATA HAS BEEN REPORTED TO TO IN COMPLIANCE WITH THE STATE LAW IN A LINK PROVIDED ON THE BPD PAGE FOR THE CITY WEBSITE.

FOR A DETAILED REVIEW OF THE REPORT.

A LINK WILL ALSO BE AVAILABLE IN OUR UPCOMING ANNUAL REPORT FOR THE POLICE DEPARTMENT.

THANK YOU VERY MUCH.

IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ASK ANSWER THEM.

THANK YOU, CHIEF, IS THERE ANY QUESTIONS REGARDING THIS REPORT FROM COUNSEL? ALRIGHT, THANK YOU.

THANK YOU.

WE WILL, UM, CONSIDER THE REPORT RECEIVED.

WE'LL MOVE

[8. 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.]

SO I WOULD ENTERTAIN A MOTION, UH, FOR CONSENT.

AGENDA ITEMS E THROUGH B, B BRAVO, BRAVO TO APPROVE ITEMS A, A THROUGH B, NO, E AS IN ECHO, EA THROUGH B, B BRAVO, BRAVO.

OKAY, SAY IT ONE MORE TIME PLEASE.

MOTION TO APPROVE ITEMS. A, A E, E, E AS AN ECHO.

E I'M SORRY, ECHO THROUGH BB.

THANK YOU MA'AM.

DO YOU HAVE A SECOND? SECOND.

ALL THOSE IN FAVOR OF THE CONSENT AGENDA AS PRESENTED, PLEASE SAY AYE.

AYE.

THOSE OPPOSED.

WE'LL MOVE ON TO

[9. 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.]

MAYOR AND COUNSEL, I JUST HAVE ONE QUICK NOTE.

AS YOU KNOW, I LIKE TO READ WHEN CITIZENS WRITE IN.

UM, THIS IS OVER IN THE PUBLIC WORKS DEPARTMENT, UH, WITH FRANK KEVIN AND THEIR SOLID WASTE TEAM.

SO WE HAD A RESIDENT WRITE IN, UH, SHE RESIDES ON FLORIDA STREET AND WANTED TO GIVE A SHOUT OUT TO OUR SOLID WASTE TEAM FOR ALWAYS DOING A GREAT JOB WITH BRUSH PICKUP.

AND SO ALWAYS APPRECIATE WHEN PEOPLE WRITE IN AND GIVE THE COMPLIMENTS.

SO FRANK AND TO YOU AND YOUR TEAM, THANK YOU FOR THE WORK THAT Y'ALL DO.

AND THAT'S ALL I HAVE, MAYOR AND COUNSEL, AND THANK YOU FOR WRITING IN.

ALRIGHT, THANK YOU.

UH, MR. CITY MANAGER.