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2022 07 28 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 28, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 28, 2022, at 6:33 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 Council Member Charles Johnson Mayor Pro Tern Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the July 28,2022,City Council Regular Meeting with a quorum present at 6:33 P.M., all members were present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Heather Betancourth. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on June 23, 2022. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado to approve the minutes of the City Council Work Session and Regular Meeting held on June 23, 2022, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes July 28,2022 Page 2 of 18 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 of all the individuals that received the Years of Service award for the month of July. 5 YEAR Joshua Cuccio, Police Patrol Officer Russell Davidson, Planning and Development Chief Building Official/Admin William Fregia, Firefighter Latia Jutan, Public Works and Engineering Superintendent 10 YEAR Mathew Mcallister, Police Patrol Officer Elodgie Davis, Public Works Field Supervisor Omar Martinez, Police Patrol Officer 15 YEAR Kelly Hale, Parks and Recreation Grounds Technician 20 YEAR Loretta Wysocki, Library Support Services Specialist 25 YEAR Clint Holden, Police Patrol Officer 30 YEAR John Miller, Police Sergeant Kenneth Hockless, Police Patrol Officer Michael Holden, Police Assistant Police Chief b. Recognize City of Baytown employees for completing HUB trainings. Human Resources Director Carol Flynt, likewise, presented the item and provided a video presentation of all the employees that completed their HUB trainings. GREEN BELT Kourtney Bonzo, Library, Community Engagement Specialist Jason Calder, Public Affairs, Public Information Coordinator Freddy Flores, Planning and Development, Deputy Building Official Trevor Harlow, Planning and Development Planner II Esmeralda Martinez, Planning and Development, Permit Specialist I Alexjandra Moz, Public Works and Engineering, Lab Specialist Jessica Ortega, Finance, Collections Supervisor John Smith, Public Works and Engineering, Survey/GPS Specialist Jarred Thibodeaux, Public Works and Engineering, Survey/GPS Coordinator City Council Regular Meeting Minutes July 28,2022 Page 3 of 18 HUB MANAGER'S SERIES LEVEL 1 Jackie Carmona, Municipal Court, Senior Court Clerk Donald Curry, Public Works and Engineering, Streets Superintendent Cris Curry, Municipal Court, Senior Court Clerk RJ Davidson, Planning and Development, Assistant Director Jose Garza, Public Works and Engineering, Pollution Control Field Supervisor Rolston Henry, Public Works and Engineering, Solid Waste Field Supervisor Erick Ingram, Public Works and Engineering, Utility Maintenance Specialist Steven Jones, Police, Communications Manager Tim Lancon, Public Works and Engineering, Utilities Superintendent Raquel Martinez, City Clerk's Office, Deputy City Clerk Wendy Mcclain, Public Works and Engineering, Administrative Assistant Daniel Medina, Parks and Recreation, Field Supervisor Jesus Murillo, Public Works and Engineering, Utility Construction Field Supervisor Laura Nicholas-Andrews, Police, Telecommunications Supervisor Thomas Reeves, Public Affairs, Director Chris Rios, Fire, Battalion Chief Karen Rodriguez, Municipal Court, Senior Court Clerk Sharon Rose, Planning and Development, Community Development Supervisor Blanca Rubio, Public Works and Engineering, Traffic Field Supervisor Jenna Stevenson, Parks and Recreation, Aquatics Superintendent Candace Thomas, Health, Adoption and Rescue Services Manager Kevin Troller, Administration, Assistant City Manager Tiffany West, Parks and Recreation, Aquatics Operations Coordinator 3. PROPOSED ANNEXATION OF APPROXIMATELY 62.02 ACRES GENERALLY LOCATED EAST OF NORTH MAIN ST BETWEEN EAST WALLISVILLE RD AND FM 1942 a. Conduct the second public hearing regarding the proposed annexation of approximately 62.02 acres generally located east of North Main Street between East Wallisville Road and FM 1942. At 6:48 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of approximately 62.02 acres generally located east of North Main Street between East Wallisville Road and FM 1942. Planning and Development Director Martin Scribner summarized the subject matter of the hearing related to Item 3.a., and noted that the 62.02 acres was an addition to Bay Creek by CastleRock Communities. With that, Mayor Capetillo announced there were no further questions from Council, and no one had signed to speak. At 6:49 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of approximately 62.02 acres generally located east of North Main Street between East Wallisville Road and FM 1942. City Council Regular Meeting Minutes July 28,2022 Page 4 of 18 4. CITY OF BAYTOWN GENERAL ELECTION a. Consider an ordinance calling the City of Baytown Municipal Election to be held on November 8, 2022, for the purpose of electing three Council Members from Council District Nos. 1, 2 and 3. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris Presley to approve Ordinance No. 15,147, related to Item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 8th DAY OF NOVEMBER, 2022, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS FOR COUNCIL DISTRICTS ONE (1), TWO (2), AND THREE (3) OF THE CITY OF BAYTOWN; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the publication of the Notice of Intent to issue Tax Certificates of Obligations, Series, 2022 for infrastructure and authorizing advanced funding. Finance Director Victor Brownlees presented the item and noted there was a statutory process the City must follow if contemplating the issuance of debt funded from general property taxes. The current Capital Improvement Plan("CIP") envisaged the number of projects that would be funded from such debt. Mr. Brownlees noted that list had been included and would be considered though the budget process. Council would have the opportunity at the budget hearings to discuss and consider what—if any—of those projects would be funded from that debt. Mr. Brownlees emphasized that did not, in any way, tie the City's hands,but it set a limit of$45 million allowing the City to start the process of calculating the effect of the tax rate. Staff would report that calculation back to Council during the process of setting the budget. Mr. Brownlees lastly relayed Council would make their final decision when they set the tax rate in September. City Council Regular Meeting Minutes July 28,2022 Page 5 of 18 Council Member Powell had expressed in the past how he felt about Certificates of Obligations for non-emergency projects; therefore,he would be sticking with that and would vote no. Council Member Lester noted that Council would have an opportunity through the budget discussions to look at the specific projects they would then feel would be appropriate. However, at the end of the day, Council may not approve anything;thus, Council Member Lester agreed it was not tying their hands since it was a statutory process the City needed to start now. In addition, Council Member Presley clarified the only limitation was the$45 million. In reflection of the role of the Finance Committee, Mayor Capetillo wished to reconstitute the Architectural and Engineering Committee as there was a great need for projects in Baytown. The Committee would be given a different scope to look at the CIP, which he believed its prioritization needed to come from Council to direct staff on what citizens wanted, the needs of their districts, and the needs of the entire City. Mayor Capetillo wanted that to be done through three members of Council, and believed there would be a great checks and balance between the Finance Committee and the Architectural and Engineering Committee. When Council had their Retreats, the Committee could present their recommendation of priority that would then be checked and balanced with what the City could deliver. He wanted a strategic plan and balance between the prioritization of projects and finance. Moreover, Mayor Capetillo understood Council Member Powell's reservations. Although the projects were not emergencies, they were needed. If the City did not do those projects, they would become emergencies, cost more, and leave the City with fewer options. Thus, the City was trying to be strategic and present the best plan.At that time,the Architectural and Engineering Committee had Council Member Presley as the Chair along with Council Member Alvarado and Council Member Lester. Mayor Capetillo utilized his ability to reconstitute those two committees, the Finance Committee and the Architectural and Engineering Committee, to provide recommendations to Council, who would then provide recommendations to staff. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris Presley to approve Resolution No. 2,788, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, and Council Member Mike Lester Nays: Council Member Jacob Powell Approved RESOLUTION NO. 2788 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. • City Council Regular Meeting Minutes July 28,2022 Page 6 of 18 6. REPORTS a. Receive the 2022 Certified Ad Valorem Anticipated Collection Rate and the Certified Excess Debt Collections from the City of Baytown Tax Assessor/Collector. Finance Director Victor Brownlees introduced the item by stating that Goose Creek Consolidated Independent School District ("GCCISD") collected the City's taxes in their system, and before Council was a letter by Ms. Charlene Piggott from GCCISD. Ms. Piggott provided the estimate of the overall collections of the current year and of the excess collected in respect of debt—which would reduce the tax used to fund that in the next year. The document before Council was the annual statement. With no further questions, Mayor Capetillo considered the item received. 7. BAYTOWN FIRE CONTROL, PREVENTION, AND EMS DISTRICT BUDGET FOR FISCAL YEAR 2022-23 a. Receive the Fiscal Year 2022-23 Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. Finance Director Victor Brownlees presented the budget to Council that was agreed upon by the Fire Control, Prevention, and Emergency Medical Services District ("FCPEMSD") on the 19th of July. As the Crime Control and Prevention District (CCPD), the FCPEMSD removed personnel costs from their budget and transferred that to the General Fund. The FCPEMSD then supplemented the budgeted amount with vehicle apparatus and equipment; therefore, their budget would be solely focused on those items as requested by the FCPEMSD.With that,Mayor Capetillo considered the budget received. 8. MUNICIPAL BUDGET FOR FISCAL YEAR 2022-23 a. Receive the City Manager's proposed municipal budget and budget message for Fiscal Year 2022-23. City Manager Rick Davis introduced the FY2022-23 City of Baytown Annual Budget Proposal that would become the City's blueprint and chief policy statement for the coming year. As he introduced the tenants of the budget proposal, Mr. Davis would briefly review the budget development process. At that time, the City was in its fifth and final year of its first community- based Strategic Plan; thus, the City was considering a budget that addressed the first year of their second Strategic Plan.Mr.Davis explained that Strategic Plan served as the basis and development of the budget. In their Retreat in December, Council considered and developed the initiatives and strategies that supported the implementation of the Strategic Plan. The implementation plan, in turn, would become the foundation for much of the budget proposal. As a summary of the year's budget proposal,Mr. Davis announced the budget called for a$20,000 increase in property tax exemptions for seniors and the disabled. It also provided another reduction in the property tax rate—the fifth year of such rate decline. Since 2018, the City implemented and proposed a reduction of more than four cents. The proposed budget had no rate increases for sanitation and stormwater fees for low volume users. It also called for$45 million in General Fund City Council Regular Meeting Minutes July 28,2022 Page 7 of 18 debt issuance necessary for cash flow for the Capital Improvement Plan("CIP").Mr. Davis relayed staff anticipated the budget would deliver ninety-one days of operating reserves. In order to accommodate Baytown's growing population and intensifying development,the budget proposed the addition of 40.5 Full-Time Equivalents (FTE). Seventeen positions would be moved from their Public Safety Districts into the General Fund as well as nine Nature Center employees. Staff recommended a 5% increase to non-Civil-Service salaries while honoring Civil Service first responders via their contracts. The City was pleased to offer, once again, its employees a health insurance premium holiday in addition to no increases in medical costs. Mr. Davis assured the City was able to recommend those measures while still presenting the CIP with more than$800 million dollars of projects that would enter in to either design or construction through the year 2027. The City's new Strategic Plan had the following five directives: 1) Economic Prosperity 4) Beautification and Environmental 2) Outdoor Recreation and Amenities Stewardship 3) Critical Infrastructure and Traffic Flow 5) Building a Connected Baytown On Economic Prosperity, the budget called for the following initiatives: • Expansion of the Business Improvement Grant Program • Fiber Connectivity Between the Public Safety Building and the 911 Center • A Unified Land Development Code (ULDC) Update • Evaluation of City Development Code and Processes • Waterfront Adventure Course Study • Economic Development Specialist Positions Added (2) Outdoor Recreation and Amenities had initiatives listed below: • A New Disc Golf Course • Jenkins Park Clubhouse/Bayland • An Area Park Off Thompson Marina Park Design • Basketball Court Improvements/Shade • Youth Summer Camp Structures • Russell Park Drainage • A Lakewood Community Dog Park • American Little League Park • Free Admission to the Nature Center Improvements • Wayne Graw Park Expansion and • Design for 100 Block of Texas Avenue Additional Parking On Critical Infrastructure and Traffic Flow, the initiatives were summarized as the following: • A Commitment to Road Reconstruction • A Commitment to Storm Drainage, • Intersection Modernization Water, and Waste Water Infrastructure • Long-Range Planning Beautification and Environmental Stewardship addressed the following initiatives: City Council Regular Meeting Minutes • July 28,2022 Page 8 of 18 • A Trash Off Event • Street Cleaning Program • Image Campaign and Marketing Study • Building Inspector Position Added • Art in The Park Finally, Building a Connected Baytown included: • Continuation of Celebrations • Expand National Night Out • Amphitheatre/Outdoor Pavilions at • Art League Building Improvements Roseland And Jenkins • Completion of Baytown's Sidewalk • Expansion of Pop-Up Park Events Master Plan • Pickleball to Holloway and the Wayne • Baytown Day in Austin Gray Sports Complex The proposed budget timeline was presented as the following: • Budget Work Sessions:August 16th,August 18th,August 23`d,and August 25th(if needed) • Budget Public Hearing: August 25th • Budget Adoptions: August 25th, September 8th, and September 22nd • Set Tax Rate: September 22nd Mr. Davis believed one of the key elements that made their budget process successful was Council's early involvement with their discussions at their Retreat. Thus, he encouraged Council to continue that process. With that, Council was handed a binder of the proposed budget. Mayor Capetillo suggested his fellow Council Members take two weeks, or more, to review the budget. b. Consider an ordinance setting the date,time and place for a public hearing regarding the City of Baytown Fiscal Year 2022-23 Proposed Budget. City Clerk Angela Jackson stated the date for the public hearing was set for August 25, 2022. Mayor Capetillo added the hearing would be held in the Council Chambers at 6:45 P.M. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,148, related to Item 8.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes July 28,2022 Page 9 of 18 ORDINANCE NO. 15,148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2022-2023 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider a resolution setting the dates for budget work sessions to discuss the Fiscal Year 2022-23 Municipal Budget. City Clerk Angela Jackson shared the dates for the budget work sessions as follows: August 16, 2022, at 5:00 P.M.; August 18, 2022, at 2:00 P.M.; and August 23, 2022 at 5:00 P.M. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Jacob Powell to approve Resolution No. 2,789, related to Item 8.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,CALLING THREE(3)SPECIAL COUNCIL MEETINGS TO BE HELD ON AUGUST 16, 2022, AT 5:30 P.M., AUGUST 18, 2022, AT 5:30 P.M., AND AUGUST 23, 2022, AT 5:30 P.M., IN THE COUNCIL CHAMBER OF CITY HALL OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. DISCUSSIONS a. Discuss the proposed agreement for bringing the Battleship Texas to the Bayland Marina. City Manager Rick Davis presented the item and noted that based on the feedback he received from Council and his consultation with the City Attorney, Mr. Davis made a modification to "Section 6 — Monetary Contributions" of the Lease and Participation Agreement. The intention was to give the City the ability to negotiation a not-to-exceed number in a reimbursement format at a later date. With that, Mr. Davis opened the floor to any additional feedback from Council as his intention was to send the Agreement to the Battleship Texas Foundation to begin a conversation with them. City Council Regular Meeting Minutes July 28,2022 Page 10 of 18 Council Member Alvarado noted that she, nor Council Member Lester, had received a final determination that Baytown would be chosen; therefore, she reiterated their need to have that before Baytown allocated funds to the fundraiser. In addition, Council Member Alvarado was aware Council still had to have negotiations regarding the reimbursement. Based on their previous discussion, Mayor Capetillo confirmed they did not have a figure to place there. He recommended they send the template, other than that dollar figure, to the Foundation to have some type of communication through their two Council Members. Mayor Capetillo sought for the next step as the City was looking to make a commitment and needed that to be reciprocated by the Foundation. Mayor Pro Tern Johnson wondered what criteria the Foundation looked at to decide where the battleship would go. Mr. Davis understood the potential for visitation was the primary role in their decision, and Baytown had performed a study that estimated what the City anticipated in terms of visitors. Mayor Pro Tern Johnson questioned if any other cities performed that same type of study, and did Council have access to that. Mr. Davis replied that he was not aware of any and did not mind posing that question to the Foundation. Mayor Pro Tem Johnson further expressed he did not want Baytown to be the only city putting forth an effort and hooked on fundraising for the Battleship. Council Member Lester countered Baytown would not be on the hook, per say. Council discussed the fundraising costs and reached a consensus that they would participate in the fundraiser if Baytown was selected—of which, Council also placed a cap on. The Foundation relayed they could raise the funds necessary and only wanted Baytown to pay for the first year of fundraising. Furthermore, Council Member Lester believed they had been clear how far Baytown was willing to go, which,to some extent, was their negotiation. He cautioned against putting a number upfront as that was negotiable and would be a not-to-exceed reimbursable type of expenditure. In regards to the budget previously presented, Council Member Lester noted there would be a complete Bayland Marina upgrade and redesign which the Battleship could be a part of. He agreed the Foundation needed to be upfront on their selection so Baytown could move forward. Aside from the first year of fundraising, the Foundation also wanted a level of participation for some of the infrastructure. Baytown already did that by upgrading water, sewer, and electrical connections large enough to handle the Battleship. The Foundation gave Council a wish-list, so the City drafted a proposal based on what they could tolerate, and now, Baytown needed to hear from the Foundation. Council Member Presley agreed with Council Member Alvarado as he also did not want to participate in any fundraising until Baytown was the sole finalist. However, he believed there had been a spirit of cooperation as taking the dredging off the table was a show of good faith from the Foundation. Council Member Presley was not interested in the studies of other cities, and he did not hold it against the Foundation for trying to make an intelligent business decision by doing what was best for them and the Battleship. Nevertheless, he believed there was nothing to lose by sending the Agreement over to the Foundation as quickly as the City could with that not-to-exceed number. Council Member Betancourth requested clarification on what the next steps were because she understood they were to send the draft to the Foundation to review. If they had edits, it would be sent back to the City so Council would meet again. If there were no edits, she presumed the City's City Council Regular Meeting Minutes July 28,2022 Page 11 of 18 expectation was that they would name Baytown as the final destination, and then, Council would come up with a dollar amount and funding source. Council Member Lester replied the Foundation had a funding marketing agency and only wanted Baytown to participate with about $100,000. The general consensus of Council's discussion was that the City would get in on that if Baytown was selected. The City would not fund a fundraiser if the Battleship did not come to Baytown. If selected, part of the agreement would be that the City would fund a portion of the fundraiser that first year up to $100,000 and then fund the negotiated not-to-exceed amount for infrastructure improvements, the museum, ticket sales, etc. The Agreement would be sent to the Foundation, then back to Council, so they could move forward. Mayor Capetillo added for clarity that Council would not take action to approve any funding until Baytown was the primary site selected. Mr. Davis assured the Agreement was the mechanism that allowed the Foundation to definitively decide. Now, Council could begin to discuss their level of participation. Mayor Pro Tern Johnson inquired if any other cities drafted an agreement. Mr. Davis replied information on other cities had not been shared. Mayor Pro Tern Johnson explained he wished to know that because he felt Baytown was being strung along. If it were about making a good business decision and Baytown was in competition for something it wanted, the City should be able to make the best offer. In order to do that, Council must know what others were offering. Council Member Presley cautioned they could set themselves up for a bidding war in that scenario. Mayor Capetillo reminded Council it was a competitive bid, so other cities may not share information. However, they could certainly ask. He further inquired for any additional comments. Council Member Powell added, as written, he had no issues with the Agreement and suggested it be sent off, so Baytown was done until they heard back from the Foundation. With that, Mayor Capetillo believed there was enough direction for staff and closed the discussion item. 10. CONSENT A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 10.a. through 10.o. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance approving the Annual Mechanical Services contract between the Baytown Area Water Authority and IPS Pump Services, Inc., for maintenance and repairs at water treatment facilities. City Council Regular Meeting Minutes July 28,2022 Page 12of18 ORDINANCE NO. 15,149 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ANNUAL MECHANICAL SERVICES CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND IPS PUMP SERVICES, INC., FOR MAINTENANCE AND REPAIRS AT WATER TREATMENT FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving Change Order No.2 between the Baytown Area Water Authority and LEM Construction Company, Inc., for the Baytown Area Water Authority's Fritz Lanham Water Treatment Plant Filter Air Scour Improvements Project. ORDINANCE NO. 15,150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 2 BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND LEM CONSTRUCTION COMPANY, INC., FOR THE BAYTOWN AREA WATER AUTHORITY'S FRITZ LANHAM WATER TREATMENT PLANT FILTER AIR SCOUR IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing a Professional Services Agreement with Freese and Nichols, Inc. for the West Texas Ave. Drainage Improvements Project. ORDINANCE NO. 15,151 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., FOR PRELIMINARY ENGINEERING SERVICES, FINAL DESIGN SERVICES, BID PHASE SERVICES, CONSTRUCTION PHASE SERVICES, AND SPECIAL PHASE SERVICES FOR THE WEST TEXAS AVENUE DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THIRTY-FIVE THOUSAND FIVE HUNDRED EIGHTEEN AND NO/100 DOLLARS ($735,518.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Professional Services Agreement with Arcadis U.S., Inc., for professional design engineering services for the Annual Lift Station Rehabilitation for the James and North Main Street Lift Stations. ORDINANCE NO. 15,152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT City Council Regular Meeting Minutes July 28,2022 Page 13 of 18 WITH ARCADIS, U.S., INC., FOR PROFESSIONAL DESIGN ENGINEERING SERVICES FOR THE ANNUAL LIFT STATION REHABILITATION FOR THE JAMES AND NORTH MAIN STREET LIFT STATIONS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTEEN THOUSAND FOUR HUNDRED TWENTY-ONE AND NO/100 DOLLARS ($116,421.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of one (1) Kenworth Truck from Cleveland Mack Sales, d/b/a Performance Truck through the Buyboard for Public Works and Engineering Department. ORDINANCE NO. 15,153 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY-TWO THOUSAND THREE AND 22/100 DOLLARS ($142,003.22) TO CLEVELAND MACK SALES D/B/A PERFORMANCE TRUCK-BAYTOWN, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE(1)KENWORTH TRUCK FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of two (2) Ford Trucks from Silsbee Ford, through GoodBuy Purchasing Cooperative, for the Utility Billing Department. ORDINANCE NO. 15,154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-SEVEN THOUSAND ONE HUNDRED EIGHTEEN AND 50/100 DOLLARS ($87,118.50)TO SILSBEE FORD INC.,THROUGH GOODBUY PURCHASING COOPERATIVE, FOR THE PURCHASE OF TWO (2) FORD TRUCKS FOR THE UTILITY BILLING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a Municipal Maintenance Agreement with TxDOT Houston District. ORDINANCE NO. 15,155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A • MUNICIPAL MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS City Council Regular Meeting Minutes July 28,2022 Page 14of18 THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) HOUSTON DISTRICT TO ALLOW THE CITY OF BAYTOWN TO PERMIT AND CONSTRUCT IMPROVEMENTS WITHIN TXDOT'S RIGHT-OF-WAY WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance renewing the Annual No-Lead Brass Fittings Contract with Ferguson Enterprises,LLC. ORDINANCE NO. 15,156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL NO-LEAD BRASS FITTINGS CONTRACT WITH FERGUSON ENTERPRISES, LLC, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-SEVEN THOUSAND TWO HUNDRED EIGHTY-TWO AND 31/100 DOLLARS ($147,282.31); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding the Annual Uniform and Floor Mat Rental Contract to UniFirst Holdings LLC, through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 15,157 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING THE PAYMENT OF SIXTY-FIVE THOUSAND AND NO/100 DOLLARS ($65,000.00) TO UNIFIRST HOLDINGS, LLC, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE ANNUAL UNIFORM AND FLOOR MAT RENTAL CONTRACT FOR VARIOUS CITY FACILITIES AND DEPARTMENTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the purchase, installation, maintenance, and repair of landscaping improvements for the San Jacinto Roundabout and portions of Hunt Road to be installed by Yellowstone Landscape-Central, Inc., through the through Texas Local Government Purchasing Cooperative (Choice Partners COOP). ORDINANCE NO. 15,158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINETY- FOUR THOUSAND THREE HUNDRED NINETY-SEVEN AND 95/100 DOLLARS ($194,397.95) TO YELLOWSTONE LANDSCAPE - CENTRAL, INC., FOR THE PURCHASE, INSTALLATION, MAINTENANCE, AND City Council Regular Meeting Minutes July 28,2022 Page 15 of 18 REPAIR OF LANDSCAPING IMPROVEMENTS FOR THE SAN JACINTO ROUNDABOUT AND PORTIONS OF HUNT ROAD, THROUGH CHOICE PARTNERS COOPERATIVE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the First Amendment to the Professional Services Agreement with TX BBG Consulting Inc.for plan review services to ensure compliance with the City's Unified Land Development Code ("ULDC"). ORDINANCE NO. 15,159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TX BBG CONSULTING INC., FOR PLAN REVIEW SERVICES TO ENSURE COMPLIANCE WITH THE CITY'S UNIFIED LAND DEVELOPMENT CODE ("ULDC"); AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider a resolution authorizing settlement of CenterPoint Energy Houston Electric's ("CEHE") pending application to amend its Distribution Cost Recovery Factor ("DCRF") in a manner that reduces CEHE's requested $85.8 million increase by $7.8 million. RESOLUTION NO. 2790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ("CITY") AUTHORIZING SETTLEMENT OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC'S REQUEST FOR AN AMENDMENT TO ITS DISTRIBUTION COST RECOVERY FACTOR SUBMITTED ON OR ABOUT APRIL 5, 2022; AUTHORIZING CONTINUED PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES AND PARTICIPATION IN RELATED RATE PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance repealing and replacing Chapter 2 "Administration," Article IV "Boards and Commissions," Division 12 "Baytown Youth Advisory Commission" of the Code of Ordinances, Baytown,Texas. ORDINANCE NO. 15,160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 2 "ADMINISTRATION," ARTICLE IV City Council Regular Meeting Minutes July 28,2022 Page 16 of 18 "BOARDS AND COMMISSIONS," DIVISION 12 "YOUTH ADVISORY COMMISSION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, IN ITS ENTIRETY, AND REPLACING THE SAME WITH A NEW CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," DIVISION 12 "YOUTH LEADERSHIP ACADEMY" TO CAUSE THE PROGRAM TO BE BETTER ALIGNED WITH THE CURRENT REALITY OF THE BAYTOWN TEEN COMMUNITY; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. n. Consider a resolution authorizing the City Manager to make application to the United States Department of Housing and Urban Development (HUD) for the 2022-2023 Community Development Block Grant (CDBG) funds and designating an authorized representative to accept and affirm any grant awarded as a result of the application. RESOLUTION NO. 2791 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider a resolution authorizing the City of Baytown to submit a grant application to the U.S.Department of Justice,Bureau of Justice Assistance,for the FY22 Edward Byrne Memorial Justice Assistance Grant(JAG) Program on behalf of the Police Department. RESOLUTION NO. 2792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM, FY2022 LOCAL SOLICITATION ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND ONE HUNDRED THIRTY-FIVE AND NO/100 DOLLARS ($25,135.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 28,2022 Page 17 of 18 11. MANAGER'S REPORT City Manager Rick Davis sent kudos to Fire Equipment Operator Sean Saunders for receiving his Advanced Structure Firefighter certification. Likewise, he commended Emergency Management Coordinator David Alamia for receiving his certification from the Federal Emergency Management Agency(FEMA) National Emergency Management Advanced Academy. 12. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Heather Betancourth regarding projects and programs for District No. Four. First, Council Member Betancourth thanked staff for providing her an update on the projects happening in District 4. On to the report, she announced the Goose Creek Trail Phase Seven would connect San Jacinto Boulevard to Baker Road using the CenterPoint Energy corridor.The concrete was poured except for the areas where the City would install glow stones. She indicated the shade structure at Eddie Huron Park on Bush Road had been removed, repaired, and reinstalled that summer. Council Member Betancourth noted there would also be Emmett Hutto median improvements coming up with the replanting of flowers and bushes. The City would install its first ever solar-powered irrigation controllers there to better control water and improve the aesthetics of the flowerbeds. Roads and sidewalk reconstruction of Fairway Drive in the Country Club Oaks Neighborhood continued. The contractor had replaced the first section of pavement and was moving to the second segment—the removal and replacement of the pavement. Council Member Betancourth relayed residents of that area communicated to have seen work stop for extended periods of time and was not sure why. Public Works and Engineering Director Frank Simoneaux stated he knew there was one issue where the contractor hit unstable soil, so they had to get tests done to decide what to do. If the contractor continued to have issues, Mr. Simoneaux offered staff could check into that. In continuation of the report, Council Member Betancourth was excited to see the sidewalks that would be added in District 4 to improve the overall connectivity of their trail, hike, and bike system, and such sidewalks would be added to Santavy Street, Baker Road, and Bush Road. Some new businesses Council Member Betancourth was made aware of were: a new Rheumatology Center on Emmett Hutto; a Harbor Freight on Garth Road; a rebuild of Jack-in-the-Box on Garth; and an Exclusive Furniture showroom on the North Feeder Road of I-10. 13. CITY MANAGER'S PERFORMANCE EVALUATION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071(2) to consult with its attorney, and/or Section 551.074 to deliberate a Sixth Amendment to the Agreement for Professional Services and Employment as City Manager with Richard L. Davis. At 7:28 P.M.,Mayor Capetillo recessed and convened in to an executive session pursuant to Texas Government Code, Section 551.071(2) to consult with its attorney, and/or Section 551.074 to City Council Regular Meeting Minutes July 28,2022 Page 18 of 18 deliberate a Sixth Amendment to the Agreement for Professional Services and Employment as City Manager with Richard L. Davis. At 8:18 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. b. Consider an ordinance authorizing the Sixth Amendment to the Agreement for Professional Services and Employment as City Manager with Richard L. Davis. A motion was made by Council Member Chris Presley and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,161, related to Item 13.b., whereby the City Manager Richard L. Davis would serve until January 3, 2023, including the changes directed by Council in the Executive Session. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,161 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SIXTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY MANAGER WITH RICHARD L. DAVIS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 14. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the July 28,2022, City Council Regular Meeting at 8:20 P.M. �� umopanunu ny,���n a Angela Jacksontj Clete ` ' City of Baytown,: .t 1, p.. ..�4y.