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2022 04 28 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 28, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 28, 2022, at 5:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Council Member Chris Presley Mayor Pro Tern Charles Johnson Council Member Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Trevor Fanning Interim City Attorney John Stringer Sergeant at Arms Angela Jackson City Clerk Mayor Capetillo convened the April 28, 2022, City Council Regular Meeting with a quorum present at 5:32 P.M., all members were present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Heather Betancourth. 1. MINUTES A motion was made by Council Member Charles Johnson and seconded by Council Member Mike Lester to approve the Agenda Minutes Items l.a. and l.b. together of the City Council Special Executive Session, Work Session, and Meeting held on March 24, 2022, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider approving the minutes of the City Council Special Meeting (Executive Session) held on March 24, 2022. City Council Regular Meeting Minutes April 28,2022 Page 2 of 27 b. Consider approving the minutes of the City Council Special Work Session and Meeting held on March 24, 2022. 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director Carol Flynt presented the item and provided a video presentation for all the individuals that received the Years of Service award for the month of April. 5 YEAR Catherine Beverly, Library, Librarian Ashley Rosamond, Health Dept, Neighborhood Protect Inspector II William Hibbits, Police, Patrol Officer Samuel Serrett, Police, Patrol Officer 10 YEAR Grace Wright, Public Works, Wastewater Operator III Cheryl Mcclarity, Police, Domestic Violence Coordinator 15 YEAR David Zinsky, Fire Dept, Fire Lieutenant Christopher Harris, Public Works, Heavy Equipment Specialist II Joseph Sutterley, Municipal Court, Senior Marshall Jennifer Armistead, Communications, Telecommunicator Brian Griffin, Police, Police Sergeant John Sheffield, Fire Dept, Fire Lieutenant 3. BAYVIEW HEIGHTS PUBLIC IMPROVEMENT DISTRICT A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to suspend Agenda Items 3.a. though 3.c. for no later than 60 days as the items were pulled from the agenda by Staff. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance authorizing a Professional Services Payment Agreement with KB Home Lone Star Inc.,regarding the expenses associated with the Bayview Heights Public Improvement District. City Council Regular Meeting Minutes April 28,2022 Page 3 of 27 b. Consider an ordinance authorizing a development agreement with KB Home Lone Star Inc., for Bayview Heights. c. Consider a resolution authorizing the creation of Bayview Heights Public Improvement District. 4. CAPITAL IMPROVEMENT PROJECTS—INTERLOCAL AGREEMENTS WITH HARRIS COUNTY a. Consider an ordinance authorizing an Interlocal Agreement with Harris County for West Cedar Bayou Lynchburg Widening Project Segment A. Director of Public Works and Engineering Frank Simoneaux summarized the subject matters of Agenda Items 4.a. through 4.c., and relayed those items were Interlocal Agreements with Harris County for the final design, right of way acquisition, and construction of West Cedar Bayou Lynchburg. The overall project was from Garth to Wade Road; however, Mr. Simoneaux noted those agreements covered Phase 1, which covered locations from Garth Road to just past John Martin Road. Harris County would be leading the project and had broken Phase 1 in to three segments. Each segment had a different engineering firms, and so there were different agreements for each segment. Mr. Simoneaux displayed the segments via a map on a PowerPoint presentation. Mr. Simoneaux noted that preliminary engineering had been completed on the project. The project would reconstruct/widen pavement and add pedestrian/cyclist accessibility. He displayed a figure of the cross-section for the roadway between Garth Road and San Jacinto Boulevard. The cross section featured two travel lanes in each direction, a median, and a ten-foot trail on the south side that would connect to the City's trail system. The next figure showed the cross section for the roadway west of San Jacinto, which would have two travel lanes in each direction, a center turn lane, and a five-foot sidewalk. The funding for the project would be split 50/50 between the City of Baytown and Harris County, with each party contributing the following: $3,463,986.29 on Segment A; $3,333,824.90 on Segment B; and $4,091,906.84 on Segment C. The total amount, of which, would be $10,889,718.03. Mr. Simoneaux noted Baytown would be responsible for the maintenance after the roadway was complete and the agreements would go to the Harris County Commissioners Court if passed that night. Mr. Simoneaux ended on the note that staff recommended approval. Council Member Lester requested to go back to the slide that displayed of the overall project and asked Mr. Simoneaux to point out where did the sidewalk drop from a ten-foot to a five-foot. Mr. Simoneaux replied it was west of San Jacinto Boulevard, between San Jacinto and Garth. Mr. Simoneaux proceeded to draw on the map exhibiting where everything would be located. Council Member Johnson presumed the sidewalk would have connectivity to Ginger Creek, west of Segment B. Mr. Simoneaux noted that would be done in Phase 2 and confirmed that the sidewalk would connect there. That prompted Council Member Lester to ask Mayor Capetillo why the City would want to have the ten-foot sidewalk up their subdivisions and Mr. Simoneaux replied he could request that from Harris County. It was there due to the right of way restrictions, but Mr. City Council Regular Meeting Minutes April 28, 2022 Page 4 of 27 Simoneaux could see if they could try to fit that within the right of way. Mayor Capetillo agreed that the right of way was pretty tight there. Mayor Capetillo took a moment to comment that, from Garth Road to Wade Road, a large segment had been worked on for many years with the County. Several of the City staff had put a lot of effort in the past few years, particularly, Former Assistant City Manager Nick Worley had worked close with the Commissioner's Office at the time. Mayor Capetillo believed it was sorely needed for that entire corridor to get citizens from Garth Road to Spur 330. Also, Mayor Capetillo recommended a great separation at the railway crossing, but that would be down the road. Nonetheless, Mayor Capetillo was happy to see that the City continued to go provide that type of roadway expansion and working with Harris County to get there with the 50/50 match. Mayor Capetillo expressed his appreciation for staffs diligence. Council Member Johnson inquired on the timeline of the projects and Mr. Simoneaux reiterated it was a Harris County-led project. He did have a kickoff meeting for the design scheduled for the following week, but there would be some rights-of-way that would need to be acquired. Mr. Simoneaux explained the right-of-way acquisitions would drive the schedule. He personally estimated it to be eighteen months for that effort; however, the design should be finished within that period as well and then they would start construction. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth to approve Agenda Items 4.a. through 4.c., as presented. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE WEST CEDAR BAYOU LYNCHBURG WIDENING PROJECT — SEGMENT A; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE MILLION FOUR HUNDRED SIXTY-THREE THOUSAND NINE HUNDRED EIGHTY-SIX AND 29/100 DOLLARS ($3,463,986.29); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Interlocal Agreement with Harris County for West Cedar Bayou Lynchburg Widening Project Segment B. • City Council Regular Meeting Minutes April 28,2022 Page 5 of 27 ORDINANCE NO. 15,075 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE WEST CEDAR BAYOU LYNCHBURG WIDENING PROJECT — SEGMENT B; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE MILLION THREE HUNDRED THIRTY-THREE THOUSAND EIGHT HUNDRED TWENTY- FOUR AND 90/100 DOLLARS ($3,333,824.90); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing an Interlocal Agreement with Harris County for West Cedar Bayou Lynchburg Widening Project Segment C. ORDINANCE NO. 15,076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE WEST CEDAR BAYOU LYNCHBURG WIDENING PROJECT — SEGMENT C; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR MILLION NINETY- ONE THOUSAND NINE HUNDRED SIX AND 84/100 DOLLARS ($4,091,906.84); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution authorizing the advance funding of expenditures relating to the West Cedar Bayou Lynchburg Road Widening Projects. As Director of Public Works and Engineering Frank Simoneaux outlined the details of the project in Agenda Item 4.a., Finance Director Victor Brownlees would speak about the funding thereof. Mr. Brownlees stated it was within the boundaries of the Tax Increment Reinvestment Zone ("TIRZ")and would therefore be financed from the recourses available to the TIRZ. The resolution before Council would allow the City to recover the costs that Mr. Simoneaux outlined from bonds that would be issued at a later date via the TIRZ. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Resolution No. 2780, related to Item 4.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None City Council Regular Meeting Minutes April 28,2022 Page 6 of 27 Approved RESOLUTION NO. 2780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ADVANCE FUNDING AND EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED FOR ROAD WIDENING PROJECTS; AND AUTHORIZING THE EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCE a. Consider an ordinance awarding a construction contract to Lucas Construction Company, Inc., for the Neighborhood Street Reconstruction of Fairway Dr. and Savell Dr. Project. Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and relayed the item was a construction contract and was part of Baytown's Neighborhood Street Reconstruction program. Every year, funds were committed to that program. Ms. Brinkley noted the contract before Council would bring two streets together under one construction contract, which represented new drainage, pavement, sidewalk curb, and gutter. The contract would also greatly improve the drive surface of the street as it would replace some of the exhausted pavement. Ms. Brinkley noted that the City of Baytown had received eight bids and the City chose to award the contract to Lucas Construction Company, Inc., which is for the amount of$5,230,523. Staff did research the company, as Lucas was a new construction company to the City. She further discussed the measures that made staff comfortable with the recommendation of the award. For that reason, staff recommended approval. Ms. Brinkley lastly noted the contract would be for fifteen months. A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to approve Ordinance No. 15,077,related to Item 5.a. However,there was discussion prior to the vote. Council Member Powell inquired on the timeline of the project, assuming it would be approved. Ms. Brinkley replied they had a notice to proceed with Lucas within two weeks and believed they were fairly ready to get going on the project. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes April 28,2022 Page 7 of 27 ORDINANCE NO. 15,077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LUCAS CONSTRUCTION COMPANY, INC., FOR THE NEIGHBORHOOD STREET RECONSTRUCTION OF FAIRWAY DRIVE AND SAVELL DRIVE PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH LUCAS CONSTRUCTION COMPANY, INC., FOR THE NEIGHBORHOOD STREET RECONSTRUCTION OF FAIRWAY DRIVE AND SAVELL DRIVE PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF FIVE MILLION TWO HUNDRED THIRTY THOUSAND FIVE HUNDRED TWENTY-THREE AND NO/100 DOLLARS ($5,230,523.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. After the motion was carried, Mayor Capetillo gave approving comments on the Fairway Drive and Savell Drive project and asked that the contractor and staff communicate heavily with all the residents in the area of what would be taking place so they could make appropriate arrangements. b. Consider an ordinance authorizing a Professional Services Agreement with Freese and Nichols,Inc.to perform project management, construction management, and inspection services for the Neighborhood Street Reconstruction of Fairway Dr. and Savell Dr. Project. Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and explained the item was a partner contract that went along with the construction of Item 5.a. The contract with Freese and Nichols, Inc., presented before Council was for staff augmentation for the construction management, and inspection. The contract term was for seventeen months, including a one-year warranty period. Ms. Brinkley announced there was a Freese and Nichols representative present at the meeting that had been working closely with staff on some projects. Since Public Works and Engineering had a bit of a staff shortage at the moment, the contract would allow them to move forward and manage the project as it should be to that high quality. Ms. Brinley relayed staff recommended approval and the contract amount was $439,640. A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to approve Ordinance No. 15,078,related to Item 5.b. However,there was discussion prior to the vote. Council Member Betancourth inquired when did Ms. Brinkley expect to start those projects and Ms. Brinkley replied the projects were ready to go within two weeks. After the contracts were hopefully executed, staff would schedule their meeting. Council Member Betancourth wondered if the projects would all happen simultaneously and Ms. Brinkley confirmed so. City Council Regular Meeting Minutes April 28,2022 Page 8 of 27 Council Member Betancourth further asked if they would have a big blue sign explaining what was going on and Ms. Brinkley answered they were. She also mentioned the street and projects, in general,were on Baytown Engage. Staff already had their postcards ready to go for all the residents on Savell Drive as well as notification letters for anything that would be going on. Ms. Brinkley stated the notification, the hashtag "Better Baytown," the project sign with QR code, etc., were ready to go. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., FOR PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE NEIGHBORHOOD STREET RECONSTRUCTION OF FAIRWAY DRIVE AND SAVELL DRIVE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED FORTY AND NO/100 DOLLARS ($439,640.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance approving Change Order No. 7 for the Animal Services and Adoption Shelter Project. Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and noted that thirteen months ago she was before Council with an update after construction started and shared that now the project was on the cusp of construction completion,but they had one last item to make sure all of the major items were completed. The change order before them had the total amount of$47,070.78. The Change Order covered seven items ranging from: 1) Monitoring the Cellular System; 2) Revising Sidewalk for Accessibility; 3) Additional Trim on the Exterior for a Weatherproof Seal at the Front; 4) Entry Lobby Drywall Ceiling; 5) Space Adjustments for Additional Staff; City Council Regular Meeting Minutes April 28,2022 Page 9 of 27 6) A Fire Sprinkling System Power Breaker; and 7) Electrical Allowance for Remote Sensors for Animal Control Trucks to Drive Through the Gate with Remote Access. Ms. Brinkley stated the project was coming to a swift conclusion by mid-next month and with that, staff recommended approval. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,079, related to Item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 7 TO THE ANIMAL SERVICES AND ADOPTION SHELTER PROJECT WITH CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED FORTY- SEVEN THOUSAND SEVENTY AND 78/100 DOLLARS ($47,070.78); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTIONS a. Consider a resolution granting consent to the inclusion of 378.34 acres into Harris County Municipal Utility District No. 213-A. Interim City Attorney Trevor Fanning presented the item and relayed that a red-lined version of the agreement was on the dais in front of Council. He informed Council that any time a Municipal Utility District ("MUD") wanted to annex territory in to Baytown's ETJ, the MUD required the City's permission. As Council had already been informed, Mr. Fanning stated the annexation did not have staff support. Mayor Capetillo noted the item was discussed in Council's previous work session. Friendswood Development had presented various aspects of amenities that they were looking to bring. However, Mayor Capetillo asked if staff had documented the amenities and any changes that the developer presented and Council discussed. Mr. Fanning answered they had not included the one about selling bonds after a certain point. The developer noted that was not an action item for that night, to amend the existing Strategic Partnership Agreement ("SPA") that said the City could annex them at the end of 30-40 years to include the territory. City Council Regular Meeting Minutes April 28,2022 Page 10 of 27 Mayor Capetillo suggested to hear a summary of what the developers were proposing, what they were already currently building, if there were any general questions that Council may have, and then document that for Council to review. Mayor Capetillo proceeded to invite the developer to describe the development and some of the things they proposed to mitigate some concern in previous discussions. Mr. Michael Johnson introduced himself as a representative of Friendswood Development Company and indicated he was there in support of Council's consent for annexation of the 378.34 acres in to the Harris County MUD No. 213-A. It was an existing MUD where Friendswood Development Company currently had their Baytown Crossings Project that consisted of 520 acres. The developer was underway with two of the four planned neighborhoods on the ground and were excited about the opportunity to discuss expanding the vision Friendswood Development Company and the City of Baytown agreed to create four years ago with the creation of the ETJ MUD. Mr. Johnson relayed they had met multiple times with staff and Council Members to hear concerns and propose solutions. In fact, a lot of those solutions were embedded in the proposed amendment to the development agreement, such as the Strategic Partnership Agreement and the Utility Services Agreement. However, there were other items that were discussed that night in the February Council Work Session with regards to establishing a deadline for new bond sales as of December 31, 2035 through the MUD without city consent. Mr. Johnson noted their company would entertain inputting that in to the SPA amendment as well as the consideration for introducing a percent mix of larger home sites. That was in part to Friendswood Development Company wishing to continue to offer a variety of home sites. Mr. Johnson wished to hear from Council if there were any other concerns to discuss over the next thirty days. Council Member Alvarado commented on their previous discussion regarding the makeup of the MUD Board ensuring that there was someone local that lived in the MUD that would be able to participate. She discussed how the Council Members, themselves, changed their cycles by doing term limits. Council Member Alvarado asked what would it take, or was it preventative,to change the board makeup and the roles from the MUD? In the event that someone served for a long time that nobody would go against them, Council Member Alvarado suggested term limits to foster individuals to go and run. She wondered if that was a possibility to change the makeup of the board's guidelines. Mr. Johnson introduced his attorney, Mr. Tim Green with Coats Rose, to address the legalities of that. Mr. Green introduced himself and noted his experience with Water District Laws and MUDs. He stated there was no provision under state law that allowed the districts to have any kind of term limits. The directors had four-year terms and were staggered so that every two years half of the board was up. However, the directors had no ability to impose by law, or rule, term limits. Mr. Green presumed they could have the directors volunteer to get off, but there was no way to force that to happen. Council Member Alvarado appreciated that and noted they, as Council Members, were not forced either. It was the Council Members' option to impose those term limits on themselves. Council Member Alvarado believed that in order to foster additional partnerships and ensure there were local representatives, it would be in the MUD's best interest to consider term limits. City Council Regular Meeting Minutes April 28,2022 Page 11 of 27 What Mr. Green could tell Council from his experience, was that generally there were five directors who could not be involved with the developers nor could have any financial interest in the district. The MUD Directors were caretakers until the residents decided to come on. As soon as residents decided to have an interest to come one, Mr. Green shared those people were usually quick to volunteer to transition off. Mayor Capetillo commented, based off the workshop discussion, that he was happy to know that the process was there for a homeowner in the development to be able to run and get elected on to the board. Council Member Lester understood there was not a law that required term limits. On the other hand, he inquired if there was a law that denied them from having term limits. Mr. Green replied the MUD Directors were elected officials. There were no laws that would authorize the board of director to vote to have term limits to force somebody off. Mr. Green reiterated there was no way to force somebody off except having somebody run against them and get elected. Council Member Lester understood there was a law that said they could not force them, but was there a law that prohibited them, as a board, of voting to have term limits? Mr. Green stated that would not be effective and could not be forced upon that elected official. The answer was no. Council Member Lester clarified so there was a law that stated they could not establish term limits per MUD district. Mr. Green stated there was no law that said they could impose term limits. Mayor Capetillo appreciated Council Member Alvarado for the question. On that note, Mayor Capetillo believed they needed to focus on the ability for homeowners of the development to serve however long on the board. Council Member Powell had an additional question. He was aware that the Friendswood Development Company offered no new debt pass 2035 without Council consent, but what did the company foresee happening between now and 2035? How did the company pick that date? Mr. Johnson answered to allow their company to complete the initial development phase and the initial investment of those infrastructure dollars. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Chris Presley to suspend Agenda Item 6.a., to the May 26, 2022, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Abstain) Approved b. Consider a resolution to establish a City of Baytown Naming Policy for City Parks, Roadways, Trails, and Facilities. City Council Regular Meeting Minutes April 28,2022 Page 12 of 27 City Manager Rick Davis presented the City of Baytown Naming Policy that had stemmed from some of the conversations he and Council Member Betancourth had some months ago. The intention was to bring some rationale, deliberation, and intention to how the city named capital assets. The policy before Council was far from being cementitious, but was more defensive. It reserved the latitude of the Council to act as a body to name city assets regardless of the guidelines and considerations in that policy. The city understood, most of the time, what would happen was that Council Members would be approached by a third party with the proposal to name something. Therefore, Council Members could utilize the Naming Policy as a template. Mr. Davis stated the policy was similar to what the city utilized in the consideration of Municipal Utility Districts (MUD) and Public Improvement Districts (PID). There were standards that a Council Member could determine if that fit the intention of their governing body. Mr. Davis explained that was how staff crafted the policy. There was a latitude for Council Members, and Mr. Davis clarified Council Members were not boxed in or painted in to a corner with the policy. However, Mr. Davis noted Council asked for—and what he tried to accommodate in the draft— was to make it difficult for somebody to qualify to have an asset named after them. Thus, Mr. Davis explained staff took out a lot of language that made it more difficult for somebody to qualify. For example,that somebody needed to be a deceased person that had contributed over an extensive period of time to the quality of life in their community. One addition staff made was that if somebody fully funded the development of a city asset that had not already been funded by the city, whether they were living or deceased, Council could then go ahead and name it after that individual. Mr. Davis explained he was there to capture any feedback Council may have. He had mailed the policy to Council a few times, and was eager to do whatever to make it an acceptable policy for Council. Council Member Betancourth shared her intentions behind bringing the policy forward was because she preferred not to name city assets after people unless under very special circumstances. She saw the rationale why some would want to, but she believed someone's contribution being great to the community was very subjective. Council Member Betancourth did not agree that the policy was meant to make it difficult. Her intent was that there was just a more thorough vetting process for when something as subjective as someone's great contribution came before Council. There would be a more thorough guidance and for those that considered it before Council as well. Council Member Betancourth wanted to add that the policy was just a guidance document. At the end of the day, Council's will was what it was. The policy was not a law,but a guidance document to help with a vetting process should anyone request a tax-funded asset be named after a person. Council Member Lester questioned over a section under naming an asset after a person that read: • "A living or deceased person who fully pays for a City asset. " As the City Manager described, Council Member Lester reiterated as long as it was not already funded. If there was a city project with funding and someone wanted to give"x"amount of dollars, why should that not be a consideration? Council Member Betancourth's thought behind that was if the person had that money, there were other projects that were not funded that could probably use it. Why use that money for something that Council already funded and approved? There were plenty of unfunded projects that Council Member Betancourth suggested they explore to see if that City Council Regular Meeting Minutes April 28,2022 Page 13 of 27 person would be willing to attach their name to those instead. Council Member Lester could see that side, but Council could divert the funding to something else that Council wanted to. Council Member Betancourth stated if that were to happen, the policy was a guidance document and a case could be made. Council Member Johnson commented he liked the policy. He hoped that Council would not just consider living individuals who made a monetary contribution. There were ways to make contributions to Baytown outside of money, such as in service to Baytown. Council Member Johnson considered time more valuable than money because that individual could earn the money back. The time spent doing and volunteering for the city, there was no way to recoup that invested time. Council Member Johnson reiterated he liked the policy;however,he did not want to handcuff Council—or future Councils—to not allow them the opportunity to name something after someone who had given a lot to their community through their service. In going through some of the language, Mayor Capetillo wondered if the policy said only through a monetary point. In response, Council Member Alvarado recited the following: • "Recognize and memorialize the contributions of those who have significantly and positively impacted our community. " Council Member Alvarado explained that was one of the objectives of the policy that stated it did not have to be monetized. Council Member Johnson further questioned if that person did not have to be deceased. Council Member Betancourth replied the one with community impact that was not monetary,the policy did say that person had to be deceased. Council Member Betancourth clarified that Council Member Johnson said he would want to consider the living or deceased for the community contribution. Council Member Johnson confirmed so. Mayor Capetillo expanded on the point that the policy was just a guidance document. There could be different scenarios with different people that had different levels of community service. Mayor Capetillo believed that would make it difficult to create a one-size-fits-all policy. However, it provided guidance and Mayor Capetillo supported that. Mayor Capetillo further discussed how the policy would help Council in the situation after a loss and people emotionally wanted something to recognize that. There was a provision in the policy that after someone was deceased, Council could consider that person until after a year of that individual's passing. Mayor Capetillo's only reservation, as Council Member Lester mentioned, was in the case for funding. The Mayor used the Chandler Arboretum as an example. The concept was there, but there were things that were not funded. Majority of the cases, if Council wanted to build a facility, then at that point Council would usually fund it. In regards to being fully funded, Council Member Alvarado gave the example of Russell Park where land was donated but the city did not have the funds to build a park. How would that be considered? Mr. Davis responded the policy addressed the naming of other assets in the park, for example a pavilion. The land dedicated by the Russells was the most integral part of that project, so the policy would not remove any names that currently existed. Council Member Alvarado understood that, but inquired for the future. If somebody dedicated a piece of land for a park and the Council deemed it appropriate to name that park after those that dedicated it, Mr. Davis believed Council had the latitude to do that. Mr. Davis noted other assets would go on to that City Council Regular Meeting Minutes April 28,2022 Page 14 of 27 property in the future. Those kinds of deliberations could happen and Council could act on whatever they deemed appropriate. Mayor Pro Tem Presley believed it was good that Council was discussing some of those issues. However, he had a concern over that at the end of the day it was just a policy and Council had the ultimate discretion. Mayor Pro Tern Presley recited procedures two and three for naming roadways and facilities. 2) "... The application should demonstrate this adherence... " 3) "The City Clerk will review the proposal to verify compliance with policy and then forward complete applications to the City Manager... " In Mayor Pro Tem Presley's opinion, the policy was begun with good intentions, but it seemed like the waters gotten muddied by having a policy that at the end of the day Council had ultimate discretion. Mayor Pro Tern Presley would like to strike out procedure numbers two and three so there would not be anything ambiguous to Council having ultimate authority. His point was that he would hate for the City Clerk's Office to get in to a disagreement with an individual or group that wanted to propose a name because there was a disagreement that the application was not in adherence to the guidelines or the application was not completed. Mayor Pro Tern Presley believed they were almost there, but he was not yet convinced the city was 100% there on having an effective policy if that was the intent. Mayor Capetillo sought to identify the procedures Mayor Pro Tem Presley previously mentioned as there were another set of separate procedures for the naming of parks. Mayor Pro Tern Presley noted there may be other ambiguities, but those were the two procedures that jumped out at him. Mr. Davis imparted the procedure the city utilized was the one that pre-existed for the parks' naming. The only thing taken out was the Parks Board and placed Mr. Davis, the City Manager, instead. If it was not a Parks and Recreation facility or asset, the application would be sent to City Clerk Angela Jackson to verify and then send it to Mr. Davis to be put on an agenda to get before Council. If it was a park related asset, it would follow the same procedure that the policy dictated at that moment. Mr. Davis explained the city already had an existing policy, but that Parks Policy was not inclusive of roadways and things of that nature. Mayor Pro Tern Presley understood, yet his point was on the fact that Mr. Davis used the word "procedure." If it were just a policy, in Mayor Pro Tem Presley's opinion, it should be something that the City Clerk's Office or the Parks Department should hand out and say that was their policy. If it were just a policy and Council had ultimate decision-making authority, why did they have a procedure embedded in it? Mayor Pro Tern Presley believed it seemed ambiguous. Council Member Betancourth questioned Mayor Pro Tem Presley that he would strike for parks and trails procedures two and three, and what on roadways and facilities? Mayor Pro Tern Presley was okay with procedures number one and four on roadways and facilities that read: 1) "A request to name a roadway or facility shall be submitted in writing to the City Manager via the City Clerk's Office. " City Council Regular Meeting Minutes April 28,2022 Page 15 of 27 4) "The City Manager will schedule a presentation and discussion... " Council Member Betancourth presumed then Mayor Pro Tem Presley wanted to strike two and three on both procedures for roadways and facilities and the procedures for parks and trails. Mayor Pro Tern Presley stated he had not looked at the procedures for parks and trails. Council Member Betancourth assured there was no rush, and advised Council to take their time. In glancing through the procedures for parks and trails, Mayor Pro Tern Presley recited a section of procedure three. 3) "...If an application is incomplete or otherwise does not align with the considerations and guidelines... " If Council had ultimate authority, Mayor Pro Tern Presley suggested to take out the ambiguous portions. Council Member Lester noted procedure three for parks and trails did have a caveat. 3) "...If an application is incomplete or otherwise does not align with the considerations and guidelines of this policy, the Parks and Recreation Director or designee will notify applicant in writing and provide him or her with the opportunity to resubmit a revised application. " Council Member Lester discussed how sometimes folks filled out applications leaving certain things blank. Those applicants would have to be told its blank to get them to fill it out. Council Member Lester stated he liked procedure number two where it puts it on the applicant to say why they felt the naming would be a good thing. He could see Mayor Pro Tem Presley's point, but— as long as the city provided notification to the applicant that something was missing or something was not fully compliant—it would give the applicants an opportunity and did not kill the application. Mayor Pro Tem Presley understood the missing information aspect. For him, "verify compliance" was somewhat alarming. Council Member Lester agreed with Mayor Pro Tern Presley's point on leaving it to Mrs. Jackson's jurisdiction. Based on the discussion, Council Member Betancourth wondered then could the policy still proceed to Council just not with staff recommendation. Council Member Lester countered it was not really staff recommendation. Staff would just make sure the application was complete and then schedule the meetings with Council. For the parks and trails portion, Council Member Lester noted the Parks Board held a public meeting and received additional input that they would not get from roadways and facilities. Mayor Capetillo believed all the policy was trying to do was provide an intake. He was actually more okay with the policy now in hearing Council's discussion. Mayor Pro Tern Presley acknowledged he should have kept reading on the missing information aspect and the opportunity to broaden missing information. Council Member Lester related the discussion as to why it was important for staff to be present to listen to what Council liked and their intent so staff did not get over or under regulatory. City Council Regular Meeting Minutes April 28,2022 Page 16 of 27 Council Member Alvarado appreciated Council Member Lester's comment because she had not thought about it in that aspect. However, as Council Member Betancourth stated, it was more of a guidance document. Council Member Alvarado could see where they were locking themselves in if they were to have an applicant that stated they followed the policy. It was a policy, not an ordinance. Council Member Alvarado would be okay with any revisions,but she wished to remind Council they were not passing an ordinance that would really bind Council. Mayor Capetillo agreed with Council Member Alvarado. In the discussion, some good points were raised. Ultimately, Mayor Capetillo believed there needed to be a process where the city had a policy to get applications on an agenda for Council consideration. Mayor Capetillo assumed, unless there were any other reservations from Council of the policy as written, Council understood the process and the intent better. Mayor Capetillo did not know what would really change that would satisfy him any differently. He appreciated the fact that there was more clarity on the policy. Mayor Pro Tem Presley acknowledged the process actually allowed Council to receive more information which, in turn, allowed Council to make more informed and better decisions. He was okay with the policy as written if the understanding from the discussion was how it worked. Mayor Capetillo suggested another checks and balance. In the event a family or individual was contacting the City Clerk's Office, or whoever it may be, that something was not going well, Mayor Capetillo hoped staff would contact one of the Council Members. Council agreed. Before entertaining a motion, Council Member Lester interjected requesting they add the caveat of Council Member Johnson's comment over naming a city asset after a person that read: • "A deceased person who has, over a sustained period of time, positively and significantly contributed to the Baytown community and its quality of life... " Mr. Davis agreed they would do living and deceased. Mr. Davis requested further clarity that Council wished to consider the deceased one year after the fact as well. Council agreed. With Mrs. Jackson's role, Mr. Davis believed the policy should be clear that her role was to verify completeness of the application and not to verify compliance. Council agreed. Mr. Davis relayed he would make those changes, send it to Council, and requested Council to get back to him on that. Council Member Betancourth believed Council could still vote on it. Council confirmed they were ok with the policy if those changes were made. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Resolution No. 2781, related to Item 6.b., subject to the discussed changes to Item 3 on the policy. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes April 28,2022 Page 17 of 27 RESOLUTION NO. 2781 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S NAMING POLICY FOR CITY PARKS, ROADWAYS, TRAILS, AND FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor Capetillo took the agenda out of order and considered Agenda Item 12.a.prior Agenda Item 7.a. 12. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. At 7:36 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. At 8:02 P.M., Mayor Capetillo reconvened the open meeting and announced that in accordance with the 551.102 of the Texas Government Code, no action was taken in the Executive Session. At 8:02 P.M., Council Member Betancourth left the City Council Regular Meeting. Mayor Capetillo returned to the regular order of the meeting and considered Agenda Item 7.a. 7. DISCUSSION a. Receive and discuss a proposed graffiti removal ordinance. Health Department Director Tony Gray presented the item regarding a proposed ordinance for graffiti removal. Mr. Gray explained the ordinance was before Council because the city did not have a proper or specific ordinance to address graffiti and its removal from commercial and residential structures. The proposed draft would provide the proper authority for the city to specifically address that. The proposed draft was modeled after the Texas Local Government Code Section 250.006 that required the following: (c) "The order or ordinance must require a property owner to remove the graffiti on or before the 15th day after the date the property owner receives notice... " Mr. Gray relayed the unique part was that the municipality's notices required the offer to remove the graffiti free of charge to a property owner. However,Mr. Gray continued reciting the following: City Council Regular Meeting Minutes April 28,2022 Page 18 of 27 (c) "... If the property owner fails to remove the graffiti on or before the 15th day after the date of receipt of the notice, the county or municipality may remove the graffiti and charge the expenses of removal to the property owner... " Mr. Gray explained the draft before Council included the definitions for graffiti, owner, and unauthorized. The draft also included a specific section for the following: what constituted a graffiti violation; the parameters for a violation notice; and the process for a graffiti removal hearing. Mr. Gray provided, for Council's convenience, a survey of surrounding cities and what they had in place to address graffiti and its removal. Then, Interim City Attorney Trevor Fanning and Mr. Gray welcomed any comments or questions Council had about the draft ordinance. Being that it was not an action item that night, Mayor Capetillo advised Council to look at the matrix and get back with staff to provide direction. Mayor Pro Tem Presley commented his appreciation on trying to do something on an issue that seemed to be growing and becoming more of a burden especially throughout the older part of town. He would take a look at the draft in depth and may provide a suggestion or two. Council Member Lester noted the draft put it on the city to abate it. He was a property owner and when he received a notice of graffiti, he knew the city would take care of that for him. Council Member Lester inquired if the city had looked at the cost of that. Mr. Gray replied they had taken more of a survey. The cost would depend on the size of the graffiti on a structure or wall. If the city had to do it, they would use the cleaning team. Mr. Gray noted there would be employee cost and the cost of the paint. The city would not provide a large menu of options for paint,only perhaps white, beige, and gray. For a small piece of graffiti, Mr. Gray stated there would be a $100 administrative fee—as the abatement part of the other code enforcement program—and maybe $50 to $100 for cost and labor. Texture would also present challenges. Council Member Lester presumed the city was not looking to add staff, only material cost and current staffing to do the work. Mr. Gray confirmed so. Mayor Capetillo brought attention to community service. In the past, he noted individuals at the city jail that spend a few days got a two for one deal on their stay. Mayor Capetillo proposed that could be an option. Mr. Gray responded the city would not be allowed to use community service from the probationers because they were not allowed to improve private property. Thus, the city would have to use staff. Mayor Capetillo inquired over public property. Mr. Gray replied any kind of roadway or infrastructure would typically fall to the Texas Department of Transportation (TxDOT), and graffiti on Harris County Flood Control would go to them. Mayor Pro Tem Presley expanded on that note and inquired if the graffiti were on private property and they did not abate it, would the city try to recoup the cost of that? Would the city essentially send them a bill? Mr. Gray confirmed so. Mayor Pro Tern Presley additionally questioned if the city would abate the graffiti as just a cover up that looked terrible, or would the city actually try to strip it off or pressure wash it to where it could not be seen that graffiti was ever there. Mr. Gray discussed staff would attempt to remove it as best they could. There were a lot of different options staff had yet to experiment with, such as sprays that supposedly wiped off graffiti. If staff could not do that, Mr. Gray stated they would just cover it with a block of paint. Mayor Pro Tern Presley commented the graffiti removal on the library was a good job, and he could not tell graffiti was ever there. In his opinion, owners of a City Council Regular Meeting Minutes April 28,2022 Page 19 of 27 building or property had that responsibility. Even if the bill was larger, Mayor Pro Tern Presley preferred the city to remove the graffiti completely as opposed to covering it up which he believed was another form of graffiti. Council Member Lester countered if the owners wanted the city to do it within that fifteen-day time frame, the city would eat the cost. In regards to the discussion about the city eating the cost, Mr. Fanning replied the Texas Local Government Code said the city would first offer to do it for the owners free of charge.He discussed there was an argument that the"free of charge"was not constitutional because that would be public money improving private property. Yet, Mr. Fanning stated it was still in the state law. A lot of cities ignored that, but some did have it in their law. Mr. Fanning shared it was attempted to be repealed recently, but it did not go through. Mayor Pro Tern Presley was of the opinion in the older part of town, even if the city had to eat the cost, it was still a problem that was growing and something needed to be done. He believed it would be money well spent even if the city ate the cost. Mayor Capetillo agreed and expressed disappointment that the artists at the Unidad Park had gotten graffitied,or tagged. It was something the city needed to tackle and try to mitigate. Council Member Alvarado brought to Council's remembrance that Fred Aguilar, from Baytown's Civic Association, had developed an anti-graffiti program and had worked with the Baytown Police Department (BPD). Council Member Alvarado noted Mr. Aguilar managed to talk to some of the individuals that graffitied and got them to help do a mural by the old Baytown café. She suggested that option for the city to tackle some of their youth programs or youth outreach within BPD to do something like that on public property. Mayor Capetillo believed the city should offer a reward for somebody who knew the graffiti tags. The city should not only try to provide the abatement, but capture the individuals that committed the actions. Mayor Capetillo ended on the note that he suggested Council consider funding a reward program. 8. CONSENT A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 6.a. through 6.j.The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved City Council Regular Meeting Minutes April 28,2022 Page 20 of 27 a. Consider an ordinance authorizing the First Amendment to the Agreement for On- Call Construction Management Services with Freese and Nichols, Inc., for the City of Baytown CIP projects. ORDINANCE NO. 15,080 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES WITH FREESE AND NICHOLS, INC., TO PERFORM ON-CALL CONSTRUCTION MANAGEMENT SERVICES FOR CITY OF BAYTOWN CIP PROJECTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($140,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance awarding an Annual Sanitary Sewer Rehabilitation contract to Texas Pride Utilities, LLC. ORDINANCE NO. 15,081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TEXAS PRIDE UTILITIES, LLC, FOR THE 2022 ANNUAL SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TEXAS PRIDE UTILITIES, LLC, FOR THE 2022 ANNUAL SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION EIGHTY THOUSAND NINE HUNDRED SEVENTY-SIX AND NO/100 DOLLARS ($1,080,976.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing an Interlocal Agreement with Harris County Transit Authority for the Baytown Sidewalk Improvements Project Phase II. ORDINANCE NO. 15,082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE BAYTOWN SIDEWALK IMPROVEMENTS PROJECT— PHASE II; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIX THOUSAND FIVE HUNDRED TWENTY AND 12/100 DOLLARS ($206,520.12); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 28, 2022 Page 21 of 27 d. Consider an ordinance approving BAWA's emergency purchase of four (4) 30-inch butterfly valves from The Scruggs Company. ORDINANCE NO. 15,083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BAYTOWN AREA WATER AUTHORITY'S EMERGENCY PURCHASE OF FOUR (4) 30-INCH BUTTERFLY VALVES ASSOCIATED WITH TWO (2) BAWA GROUND STORAGE TANKS FROM THE SCRUGGS COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance awarding the Annual By-Pass Pumps Contract to Xylem Dewatering Solutions, Inc. ORDINANCE NO. 15,084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF XYLEM DEWATERING SOLUTIONS, INC., FOR THE ANNUAL BY-PASS PUMPS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF FIFTY-SEVEN THOUSAND AND NO/100 DOLLARS ($57,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of commercial office furniture from The Luck Company for the Public Safety Facility Project. ORDINANCE NO. 15,085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY-TWO THOUSAND FOUR HUNDRED EIGHTY AND 74/100 DOLLARS ($32,480.74) TO THE LUCK COMPANY FOR THE PURCHASE OF COMMERCIAL OFFICE FURNITURE FOR THE PUBLIC SAFETY FACILITY PROJECT, THROUGH OMNIA PARTNERS PURCHASING COOPERATIVE; MAKING OTHER PROVISIONS . RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of commercial storage equipment from Southwest Solutions Group for the Public Safety Facility Project. ORDINANCE NO. 15,086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINE HUNDRED SIXTY-FIVE THOUSAND FIVE HUNDRED NINETY-NINE AND NO/100 DOLLARS City Council Regular Meeting Minutes April 28,2022 Page 22 of 27 ($965,599.00) TO SOUTHWEST SOLUTIONS GROUP, INC., FOR THE PURCHASE OF COMMERCIAL STORAGE EQUIPMENT FOR THE PUBLIC SAFETY FACILITY PROJECT, THROUGH VIZIENT PURCHASING COOPERATIVE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of 55 APX6000 radios and related equipment from Motorola Solutions Inc. through Houston-Galveston Area Council (H- GAC) for the Fire Department. ORDINANCE NO. 15,087 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY- TWO THOUSAND FIVE HUNDRED THIRTY AND 15/100 DOLLARS ($282,530.15) TO MOTOROLA SOLUTIONS, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF FIFTY-FIVE (55) MOTOROLA APX6000 PORTABLE RADIOS AND RELATED EQUIPMENT FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the sole source purchase of two (2) EOD 10 Bomb Suit Ensembles,two(1)EOD 10 Face Shield Kits, and two(2)EOD 10 Helmet Packages from Med-Eng, LLC, using UASI grant funds for the Police Department. ORDINANCE NO. 15,088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY THOUSAND THREE HUNDRED THIRTY AND NO/100 DOLLARS ($70,330.00) TO MED-ENG, LLC, FOR THE SOLE-SOURCE PURCHASE OF TWO(2) EOD 10 BOMB SUIT ENSEMBLES,TWO (2) EOD 10 FACE SHIELD KITS, AND TWO (2) EOD 10 HELMET PACKAGES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Agreement for Investment Advisory Services between City of Baytown and Hilltop Securities Asset Management, LLC. ORDINANCE NO. 15,089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HILLTOP SECURITIES ASSET MANAGEMENT, LLC, FOR INVESTMENT ADVISORY SERVICES AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS City Council Regular Meeting Minutes April 28,2022 Page 23 of 27 ($100,000.00) PER YEAR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. APPOINTMENTS a. Consider one (1) appointment to the Baytown Housing Authority. Mayor Capetillo noted the appointment to the Baytown Housing Authority was Ms. Tammy Guidry who was in the audience. Mayor Capetillo believed Ms. Guidry would be an excellent appointment and would be an asset to their Housing Authority. A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Laura Alvarado to approve Ms. Tammy Guidry to be appointed to the Baytown Housing Authority. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved b. Consider appointment of the Local Health Authority for the City of Baytown. Health Department Director Tony Gray discussed the appointment's requirements under the Texas Health and Safety Code. With that, Mr. Gray relayed Dr. James Bernick had agreed to serve for another two-year term and had served as the Baytown's Health Authority since February of 1998. Staff recommended approval. A motion was made by Council Member Charles Johnson and seconded by Council Member Mike Lester to approve Dr. James Bernick as the appointment to the Local Health Authority for the City of Baytown. However, there was discussion prior to the vote. Council Member Lester wished to comment that he had worked with Dr. Bernick for many years and noted he actually had a law degree. As a public health authority, he was very beneficial. Dr. Bernick was probably one of the most educated individuals Council Member Lester had ever met. Dr. Bernick had a long history with the City of Baytown and was an excellent resource for the city to have. Council Member Lester wholeheartedly supported Dr. Bernick's nomination to the position. Mayor Capetillo agreed and discussed how Dr. Bernick helped the city during COVID. Mayor Capetillo appreciated Dr. Bernick's knowledge. The vote for the motion on the table was as follows: City Council Regular Meeting Minutes April 28,2022 Page 24 of 27 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved 10. MANAGER'S REPORT Before his report, City Manager Rick Davis deferred to Parks and Recreation Director Clifford Hatch to announce Baytown's second annual Juneteenth lineup. Baytown's Second Annual Juneteenth Lineup Mr. Hatch relayed staff had worked with the Juneteenth Committee led by Council Member Johnson. Also, Mr. Hatch gave a special thanks to Multimedia Specialist Lloyd Lively in Channel 16 for helping put the video together he would present to Council. Baytown's Juneteenth Lineup Saturday, June 18, 2022 4:00 P.M. —Piano Vibes 5:00 P.M. —DJ JAMAKIS 5:30 P.M. —Mambo Jazz Kings 6:30 P.M. —Juneteenth Ceremony 7:00 P.M. —The Four Tops 8:15 P.M. —DJ JAMAKIS 8:30 P.M. —Fireworks Council Member Johnson commented the Four Tops would be a wonderful opportunity to have grandparents out there with their grandkids and their children to celebrate Juneteenth. The reason the Juneteenth Committee went with the Four Tops was to honor all graduating classes from George Washington Carver which was a high school for African Americans in Baytown. The last graduating class was from the 1967, and the Four Tops were the number one act when those students graduated. The Juneteenth Committee's hoped the celebration would be an opportunity to bring those people back to Baytown who lived there in their youth to celebrate their youth in Baytown with the city. Council Member Johnson thanked Mr. Hatch and the Parks Department. Mayor Capetillo shared on the city's amazement for last year's Juneteenth celebration response. He believed the entertainment, food, and fireworks were very welcoming. Mayor Capetillo welcomed every member in their community to attend the event and thanked Council Member Johnson for his work. Animal Services and Adoption Shelter City Council Regular Meeting Minutes April 28,2022 Page 25 of 27 Mr. Davis then had Public Works and Engineering Assistant Director Andrea Brinkley give an update on the Animal Services and Adoption Shelter. Ms. Brinkley displayed images via a PowerPoint presentation that gave a sneak peek of the entire facility. Also, Ms. Brinkley presented a schedule of the upcoming work and its anticipated schedule. Upcoming Work Anticipated Schedule Phase 1 Building Completion, Move in to New Building, Late May Start Phase 2 Demolition Phase 2 Completion Late July Ribbon Cutting Late August* *subject to weather delays Mayor Capetillo stated he would love to have an open house for their community. He believed Baytown would have one of the best animal control centers on their side of Houston, so he appreciated all of their work. Mayor Pro Tem Presley also liked the open house idea. Council Member Alvarado agreed and inquired if the Animal Advisory Committee had been invited for a tour as well. Health Department Director Tony Gray replied the Animal Advisory Committee toured the facility in January when it was really rough, but they would get them back out there. Council Member Alvarado then discussed how animals that had been there for a while tended to experience monotony, so she suggested adding agility courses for the dog. If it could not be done right then, Council Member Alvarado suggested they consider in the future allocating additional funding for that as she believed it would be good for the animals. The City Manager's Report On to the report, Mr. Davis recited a letter from the Insurance Services Office (ISO). The letter stated Baytown citizens were now eligible for a 25% flood insurance discount—up 5%more from before. Mr. Davis relayed that was the product of the hard work from staff. In particular, Associate Project Manager Sweta Patel and Traffic Engineer Matthew Johnson helped the city achieve that milestone. Mr. Davis also wished to give kudos to Patrol Officer Derek Medore, Domestic Violence Caseworker Paulina Carrillo, and Domestic Violence Caseworker Cheryl McClarity. The listed individuals were instrumental in assisting a family whose daughter had been the victim of family violence. They received a letter from the victim's grandmother commenting on their compassion, professionalism, and thoroughness. Mr. Davis gave kudos to those individuals for being great examples of the Baytown Police Department (BPD). City Council Regular Meeting Minutes April 28,2022 Page 26 of 27 To finish off his report, Mr. Davis provided kudos to Telecommunicator Brenda Daniela Amezcua. Ms. Amezcua displayed tremendous work at 911 recently with a particular CPR call. Telecommunicators typically instructed people on how to administer Cardiopulmonary Resuscitation (CPR) and other medical procedures. Fire Lieutenant James Moss had said that the family could not say enough about how comforting and supportive the operators were with the CPR instructions and in talking with the family while Fire responded. At 8:27 P.M., Mayor Pro Tem Chris Presley stepped out of the City Council Regular Meeting. For the flood insurance reduced rate, Council Member Alvarado inquired if residents had to specifically ask for that and Mr. Davis replied residents did not. If they purchased the insurance, they would get the discount automatically. 11. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Charles Johnson as it relates to Council District No. Three. First and foremost, Council Member Johnson thanked the staff that gave him the information of his Council District. In the report, Council Member Johnson discussed Garth Road's widening. The project design was 100% complete, it awaited completion of the easement acquisition, and was preparing to be bid. The City would be starting the project in June. As a public service announcement, Council Member Johnson encourage everyone to start using San Jacinto Boulevard. At the I-10 intersections, John Martin and Thompson Road were in the design phase that was 40% complete. Council Member Johnson thanked Public Works for getting that on the schedule before those intersections got too active. Council Member Johnson shared that residents had concerns over the streets at Lantern Park. He had spoken to City Manager Rick Davis who, in turn, had a conversation with the Public Works department. In result, Lantern Park roads—specifically Coachman Drive, Coachlight Lane, Cobblestone Land, Carriage Lane, and Lantern Lane—were in the draft stage and a Request for Quote ("RFQ") would be sent out. Council Member Johnson also briefly recognized the West Cedar Bayou Lynchburg widening, as presented in Agenda Items 4.a. through 4.d. When it came to utilities, the I-10 Lift Station replacement was in design that was 30% completed. The Goose Creek Lift Station replacement was in construction which was 60% complete. Also, the Baker Road Lift Station replacement was in design that was 100% complete and would be getting ready to go out for bid. Council Member Johnson had asked about Connally Road since 2017. The design, of which, was 100% complete and would be going out for bid. He believed that would begin in late August. The Bayway Drive improvements and waterline replacement were on hold with pending funds. Council Member Johnson hoped Council would be discussing that in future budget items. There was a Bayway Drive redevelopment plan of which Council Member Johnson stated he took notes from Council Member Alvarado on what she did on Market Street. Council Member Johnson relayed everything went good in the planning and it looked like that would move forward soon. City Council Regular Meeting Minutes April 28,2022 Page 27 of 27 Council Member Johnson ended on the note, once again, thanking staff for the information. b. Receive a report from Council Member Heather Betancourth as it relates to Council District No. Four. Mayor Capetillo requested Item 11.b., to be placed on the May 12th City Council Regular Meeting agenda as Council Member Betancourth had to step out of the meeting after the executive session, which was considered prior to Agenda Item 7.a. 13. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the April 28, 2022, City Council Regular Meeting at 8:33 P.M. %' �1AYT�E�g 1h. . 4 .Angela Ja��son CityCleric ler�% m -� a tin y City of Baytown n 4, o �'��� aF