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2022 08 25 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 25, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 25, 2022, at 6:32 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 Council Member Charles Johnson Mayor Pro Tem Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Scott Lemond City Attorney Raquel Martinez City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the August 25, 2022, City Council Regular Meeting with a quorum present at 6:32 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Laura Alvarado. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on July 28, 2022. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris Presley to approve the minutes of the City Council Work Session and Regular Meeting held on July 28, 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 August 25,2022 Page 2 of 29 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 August. 5 YEAR April Bruno, Police, Detention Supervisor Michael Rideau, Water Treatment, Maintenance Mechanical Specialist 10 YEAR Devin Finley, Public Works, Traffic Control Specialist I/II/III 15 YEAR Mark Freeman, Police, Police Lieutenant Carol Rives, Communications, Telecommunicator 20 YEAR Joseph Hebert, Fire, Fire Lieutenant Ronald Roberts, Fire, Assistant Fire Chief Jeff Welch, Fire, Fire Lieutenant Aaron Smith, Fire, Fire Lieutenant Timothy Villagomez, Fire, Firefighter Ryan Tucker, Fire, Assistant Fire Chief Christoval Rios, Fire, Battalion Chief James Weaver, Fire, Fire Lieutenant Michael Dawson, Fire, Fire Equipment Operator Patrick Mahoney, Fire, Battalion Chief Robert Lopez, Fire, Fire Equipment Operator Cherie Morgan, Library, Librarian David Mendisabal, Fire, Firefighter Raquel Martinez, Records, Deputy City Clerk 25 YEAR Jessica Cervantes, Police, Patrol Officer After Item 2.a., Mayor Capetillo called a Point of Privilege to consider Item 12.a. before Item 3.a. 3. SAN JACINTO MARKETPLACE—PRESENTATION a. Receive and discuss a presentation from San Jacinto Retail Associates, LLC, regarding the development of the San Jacinto Marketplace. Alan Hassenflu with Fidelis introduced himself and his associates, and proceeded to give Council and the public a presentation of their development of the San Jacinto Marketplace. Fidelis owned the project for seven years which began by them purchasing about fifty acres of the property. Over City Council Regular Meeting Minutes August 25,2022 Page 3 of 29 that period, Fidelis purchased an additional fifty-five acres and now owned a total of one hundred and five acres. The company's intention was to turn the property back in to a premier shopping center as a"Live, Work, Play" and entertainment type of venue with the following amenities: • 450,000 square feet of retail, • Personal and service uses including dining and entertainment • Pelican Green—an entertainment • Indoor and outdoor restaurants and congregation area Pelican Green would be worked on collaboratively between Fidelis and the City to create a venue with the following amenities: • Outdoor Seating • Live Entertainment • A Children's Play Area • Yoga/Exercise Classes • Movie Nights • Etc. Mr. Hassenflu displayed images of their site plan and architect renderings of the property. Fidelis appreciated the opportunity to present and also the agreement Council contemplated on providing them. Mayor Capetillo gave a few words of appreciation before continuing to Item 4.a. 4. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a fmancial or other incentive to San Jacinto Retail Associates, LLC, and to seek the advice of the City's attorneys on legal matters related thereto. At 6:51 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to San Jacinto Retail Associates, LLC, and to seek the advice of the City's attorneys on legal matters related thereto. At 7:16 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. 5. SAN JACINTO MARKETPLACE a. Consider an ordinance authorizing the return of$3,250,000.00 in City funds from San Jacinto Retail Associates, LLC. pursuant to a clawback provision within the Chapter 380 Development Agreement. Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item. Around October, Mr. Isaac recalled Fidelis gave a presentation and showed renderings of their plans for the future. Mr. Isaac gave a public comment questioning where were the City's $3.25 million which he repeatedly asked over the next couple of months. It was to his understanding, given by City Administration, that part of the agreement was tied to a clause to have Fidelis build City Council Regular Meeting Minutes August 25,2022 Page 4 of 29 an indoor mall. Mr. Isaac thanked Council for keeping the taxpayers in mind with that $3.25 million and holding the deals the City made accountable. Mr. Isaac also appreciated Fidelis for working with Council, and lastly wished to compel Council to vote in favor of the $3.25 million clawback. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern Charles Johnson to approve Ordinance No. 15,172, related to Item 5.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. 15,172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RETURN OF $3,250,000.00 IN CITY FUNDS FROM SAN JACINTO RETAIL ASSOCIATES, LLC PURSUANT TO A CLAWBACK PROVISION WITHIN THE CHAPTER 380 DEVELOPMENT AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the termination of the Chapter 380 Economic Development Agreement with San Jacinto Retail Associates, LLC authorized via ordinance 12,891 and amended via ordinances 13.824, 14,036, and 14,612. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,173, related to Item 5.b. 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 ORDINANCE NO. 15,173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE TERMINATION OF City Council Regular Meeting Minutes August 25,2022 Page 5 of 29 THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH SAN JACINTO RETAIL ASSOCIATES, LLC; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing a new Chapter 380 Economic Development Agreement with San Jacinto Retail Associates, LLC, for the development of the area formerly known as the Baytown Mall. Mayor Capetillo announced the individual, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac wished to discuss the contract and recited a section in the first page of the contract that stated Council's purpose as to why they entered in to the deal that gave Fidelis $16 million in the form of a tax abatement. He then discussed how the property was a vested interest of the public and wished to compel Council to vote in favor of the contract. Mr. Isaac did have a few concerns regarding the timeline and apartment complexes,but he only wished to celebrate the$3.25 million. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris Presley to approve Ordinance No. 15,174, related to Item 5.c. However, there was a discussion prior to the vote. Council Member Lester commented over how the mall had been a top subject for a long time. A lot of that was not on Fidelis, but because of the complicated process everyone worked diligently through. Council Member Lester shared he had been a nay-sayer on Council of the new contract, but he had converted. Fidelis worked and brought a quality product that he was excited to move forward with. Council Member Lester supported it and further touched on why it took so long to make the decision. He thanked Fidelis, the Mayor, and relayed he would be a supporting vote. Council Member Presley also liked the new agreement as it was 100% performance based and with the fact that there would be no further cash payments to the developer. It was all sales tax rebates and there would also be zero property tax refunds. Council Member Presley relayed there were some costs the City had and would incur;however,there was substantial obsolescence at that property with the structure. In his opinion,without upfront City participation, Baytown would still have a declining mall in disrepair. Council Member Presley believed some of the incentives were appropriate and that it would be revenue positive for the City in the long term. In the new agreement, turnovers that resulted in prolonged vacancies would not be incentivized by public money. Council Member Presley appreciated that and continued to discuss how the mall would be a community benefit. He thanked the developer and further stated he would support the agreement. Mayor Pro Tem Johnson relayed he initially did not have any faith Fidelis would bring what Council and the citizens were seeking. Now, he had complete confidence in Fidelis and spoke positively on the pictures displayed in their presentation. Mayor Pro Tem Johnson applauded his colleagues for sticking to their guns so citizens could get a product that everyone could be proud of.He thanked Fidelis for sticking with the City and wished them well with a few more kind words. Council Member Alvarado wished to thank Baytown residents for their patience as it had been a long road to get to that moment. The idea of a quality shopping center had been different amongst City Council Regular Meeting Minutes August 25,2022 Page 6 of 29 everyone, but Council had overall wanted to make sure the mall would be a destination. Council Member Alvarado hoped the City would have that and that the public shared Council's sentiment on the new development. She thanked Fidelis for working with them as well as Baytown residents. Council Member Betancourth asked if Fidelis could speak on a timeline they had in mind to begin the project. Alan Hassenflu with Fidelis responded the mall would be demolished this year while the sub-surface and surface infrastructure would commence next year. It was a large project, but the goal was to open up on Christmas of 2024. Council Member Betancourth also noted the renderings presented were just of the Garth Road frontage portion of the property. She commented it was a positive first step to a much larger project. Mr. Hassenflu confirmed that statement and relayed retail would be about 40% of the total tract. The remaining 60% would have a lot of infrastructure, including: roadways, sidewalks, landscaping, and other things of that nature. Council Member Powell was happy over the new agreement and further spoke on the previous agreement. Council had thought there was more work to be done to create an experience they envisioned, and he believed the mall would compare to Baybrook Mall if not better. As it would create a good experience for families, Council Member Powell was in favor of the agreement as well. Mayor Capetillo discussed the mall's journey from its previous owners all the way to the present day. He mentioned the setbacks the City and Fidelis faced, but was proud of where they were today. Mayor Capetillo was proud of their progress as it was what the citizens deserved. The agreement was performance-based, as previously mentioned, so it was based on Fidelis bringing in great retailers, restaurants, and entertainment to generate sales tax dollars. Mayor Capetillo wished Fidelis well on their endeavors. The vote for the motion on the table 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. 15,174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A NEW CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH SAN JACINTO RETAIL ASSOCIATES, LLC; AUTHORIZING REBATES OF CERTAIN SALES TAX REVENUE RECEIVED BY THE CITY FROM SALES BY QUALIFIED TENANTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 25,2022 Page 7 of 29 Mr. Hassenflu thanked Council on behalf of Fidelis and relayed their intention was to the bring a great project to the City of Baytown. As Fidelis now controlled all the acreage, they could create a master plan for their future variety of users beyond retail. Mr. Hassenflu expressed his appreciation to Council and stated Fidelis looked forward to working with Baytown. He lastly congratulated the citizen, Mr. Isaac, for representing the City and holding everybody accountable. 6. SPECIAL DISTRICT BUDGETS FISCAL YEAR 2022-23 a. Consider an ordinance approving the Baytown Crime Control and Prevention District Fiscal Year 2022-23 Proposed Budget. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to approve the ordinances of Agenda Items 6.a., 6.b., and 6.c. together. However, there was a discussion prior to the vote. Mayor Capetillo noted Item 6.a. was for the Baytown Crime Control and Prevention District (CCPD) Budget, Item 6.b. was for the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) Budget, and Item 6.c. was for the Baytown Area Water Authority (BAWA) Budget. With that, Mayor Capetillo inquired for comments or questions from Council. Council Member Betancourth shared the Finance Committee had met that evening to discuss the Architectural and Engineering Committee's recommendations to the Capital Improvement Projects list. The Finance Committee did ask the City's Finance Department Director about the recommendations that moved projects in to their Special Districts' budgets. The Finance Director did recommend Council to approve the budgets, as is, as the Special Districts had proposed to Council. After Council approved the General Fund budget, Council could always amend the items at a later date. Finance not only wanted Council to approve the General Fund budget, but also wanted to take back to those Special Districts the recommendations that their budgets would fund. Council Member Alvarado agreed with that as a courtesy to the Special Districts. The vote for the motion on the table 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. 15,175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2022-23 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL City Council Regular Meeting Minutes August 25,2022 Page 8 of 29 AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2022-23 Proposed Budget. ORDINANCE NO. 15,176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2022-23 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance approving the Baytown Area Water Authority Fiscal Year 2022-23 Proposed Budget. ORDINANCE NO. 15,177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. MUNCIPAL BUDGET FISCAL YEAR 2022-23 a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2022-23 Proposed Municipal Budget. Before opening the hearing, Mayor Capetillo noted citizens had signed up to speak on Item 7.a. Mr. David Isaac shared he had spent some time at some of the workshops, and voiced his concern over the American Little League item being cut in half from $1.5 million to $850,000. From his understanding, that had to do with Goose Creek Consolidated Independent School District (GCCIDD) owning the property. Mr. Isaac wished to compel Council to work that out so the kids could have somewhere to play and flourish. Another concern of his was about the opportunity zones which he had spoken with the Baytown Municipal Development District(MDD) about. The property on North Pruitt, that used to be an old K-mart, sat in the zone and was still there. Mr. Isaac wished for the City to think strategically in future budgets, if not the budget currently being considered, on how they could add economic development and small business growth in that area. Mr. Steve Knight spoke to represent the Art League of Baytown. He was aware Council was P p l� considering putting money in their budget for repairs and improvements to their Art League Building. Therefore,Mr. Knight proceeded to discuss the history of the Art League,their outreach, and their involvement with the City. As a non-profit, the Art League was able to continually pay their bills and have done most of their improvements. Mr. Knight touched on the issues of their City Council Regular Meeting Minutes August 25,2022 Page 9 of 29 building that needed immediate attention and that would be extremely difficult for them to do. As a potential for the future, he shared what other municipal supported art institutions had in place that they could have in Baytown. With that, he requested Council to increase their budget item. Mayor Capetillo expressed his appreciation to Mr. Knight and requested City staff to perform an evaluation so there was a better understanding of the Art League's needs. Council Member Presley commented he had walked through the Art League Building and believed the money would be well utilized and much needed. In regards to the future,he echoed what was mentioned as it would be a benefit to their City. With that, Mayor Capetillo proceeded to open the public hearing. At 7:54 P.M., Mayor Capetillo opened the public hearing regarding the City of Baytown Fiscal Year 2022-23 Proposed Municipal Budget. Mayor Capetillo announced Ms. Jan Strubbe had signed up to speak on the public hearing. Ms. Strubbe introduced herself as the president of the Art League of Baytown and further introduced the Art League itself. She commented it took a village for the Art League to do all that she had mentioned.Thus, Ms. Strubbe requested Council to vote to help the Art League stay strong and maintain that important cultural destination in Town Square for the City of Baytown. At 7:57 P.M., Mayor Capetillo closed the public hearing regarding the City of Baytown Fiscal Year 2022-23 Proposed Municipal Budget. b. Consider adopting or postponing the adoption of the City of Baytown Fiscal Year 2022-23 Municipal Budget. A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to discuss Item 7.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 Council Member Betancourth shared the Mayor had assigned the Finance Committee to take the Architectural and Engineering Committee's recommendations for the Capital Improvements Projects list and assign funding sources to them. The Architectural and Engineering Committee had largely already done that, and the Finance Committee did mostly agree with their recommendations. Council Member Betancourth only wished to name a few items the Finance Committee had other thoughts on. Those capital project items were as follows: Capital Project A&E Recommendation Finance Recommendation Art League Building '/2 Debt Issuance and Y2 Cash-Funded Entirely Cash-Funded City Council Regular Meeting Minutes August 25,2022 Page 10 of 29 Jenkins Park Pavilion Defer Replacement Design No Deferment and MDD Funded American Little League Lower Amount to $850,000 Agreed,but that be Cash-Funded 100 Block of Texas Cash-Funded No Preference on Funding Source The last thing the Finance Committee discussed and agreed upon was capping the debt issuance at $25 million. With that, Mayor Capetillo stated he wished to continue the collaborations between the two Ad Hoc Committees on the prioritization of projects,their funding sources, and so on. His recommendation, as they heard from the public that night, was to take those thoughts and make adjustments to the proposed budget itself. In September 22, 2022, he requested Council's full attendance as he would ask them to consider the adoption of the budget that day. Council Member Lester commended the Finance Committee for their great job, and requested time to review that. Council Member Alvarado commented over the Art League Building and noted it was leased. The contract stated there was no obligation for the City to make any repairs unless it was deemed unsafe. Since Council would be altering the parameters, she asked if they needed to remake that contract. Council could set a precedent in spending such amounts of money to fix a building where the contract stated they had no obligation. City Manager Rick Davis assured the contract protected the City from any obligation to make repairs beyond what was stipulated by the agreement, but it also did not preclude them. An area of the agreement anticipated and empowered the City to make improvements to the building at the City's discretion. City Attorney Scott Lemond added it was not unusual in a lease for the landlord and property owner to make major health and safety type of repairs—even when there were clauses that otherwise allowed or required that of the tenant. Council Member Alvarado wondered if the City was precluded to make those updates anyways, should Council consider adding that to preventative maintenance? Council favored that notion. Furthermore, Finance Director Victor Brownlees applauded Council for the collaborative and inclusive nature of their discussions at their Work Sessions as well as the work of the two Ad Hoc Committees. Mr. Brownlees reminded Council September 22, 2022, was their last opportunity to approve the budget and Council would not have the opportunity to make any further amendments. He understood Council wished to see the amendments to the budget, so he sought their guidance on that to be able present that revised budget on September 22na. As Council would postpone the item to September 8th, Mayor Capetillo expected to have an item again for any discussion. He wished for everything that had been expressed that evening to reflect those adjustments,and further requested Council to give their final input so the budget could be finalized. At that point, Mr. Brownlees would have two weeks once it was proposed on September 22na and if they needed more time, Mayor Capetillo would call for a special meeting. Council had definitively until September 27th, but the Mayor anticipated Council would adopt the budget on September 22na In summary, Mr. Brownlees understood Mayor Capetillo would like for him to give Council something at the first meeting in September that reflected their discussion to date with the hope that on September 22na Council would adopt the budget. Mayor Capetillo agreed and shared what he would like to see reflected on the budget: the contingency be at $2 million, seventy-five days for their reserves, and a significant tax rate reduction. He requested Council for any additional thoughts at that time, or to report those thoughts to Staff. In looking at the Finance Committee's recommendation, Council Member Alvarado had a question over the projects that were moved to cash. Would they be allocated that year and would the Planning Department have the capacity to do that? Mr. Brownlees answered, yes, it would be in next year's budget and he had been assured City Council Regular Meeting Minutes August 25,2022 Page 11 of 29 there would be staff available to do those projects. In addition,Council Member Lester commented he would not like to see that 2.50 tax break impacted. Council Member Presley commended Mayor Capetillo for their Ad Hoc Committees as he believed they were helpful to the budget process. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to suspend Item 7.b. no later than September 22, 2022. 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 8. PROPOSED REZONING OF APPROXIMATELY 0.33 ACRES OF LAND LOCATED AT 315,319,AND 325 E. DEFEE AVENUE a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 0.33 acres of land located at 315, 319, and 325 E. Defee Avenue from a Mixed Residential at Low to a Medium Densities (SF2) to a Neighborhood Serving Commercial(NSC) zoning district. At 8:16 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 0.33 acres of land located at 315, 319, and 325 E. Defee Avenue from a Mixed Residential at Low to a Medium Densities (SF2) to a Neighborhood Serving Commercial (NSC) zoning district. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. Mr. Scribner explained the item was a rezone of the property listed from SF2 to NCS. Currently, there were businesses in buildings that faced Texas Avenue and there was parking for those businesses on the subject properties. Mr. Scribner stated the current zoning did not allow for that parking,but it was needed. The Future Land Use Map showed the area as SF2, but it did allow for some NCS to be a part of that.The Planning and Zoning Commission held a public hearing in July with no opposition. Both staff and the Planning and Zoning Commission recommended approval. At 8:18 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 0.33 acres of land located at 315, 319, and 325 E. Defee Avenue from a Mixed Residential at Low to a Medium Densities(SF2)to a Neighborhood Serving Commercial (NSC) zoning district. b. Consider an ordinance to amend the official zoning map to rezone approximately 0.33 acres of land located at 315,319, and 325 E. Defee Avenue from a Mixed Residential at Low to Medium Densities (SF2) to a Neighborhood Serving Commercial(NSC)zoning district. City Council Regular Meeting Minutes August 25,2022 Page 12 of 29 A motion was made by Council Member Presley and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,178, related to Item 8.b. However, there was a discussion prior to the vote. Council Member Lester wondered, if the rezone was approved, could commercial businesses be put on those lots? Planning and Development Director Martin Scribner confirmed so. Council Member Lester was concerned, while it was being used for parking, there could be commercial businesses there in the future. Council Member Presley noted it would be Neighborhood Serving Commercial (NSC) and not General Commercial (GC). Therefore, it would be complimentary to serve the neighborhood which Council Member Presley had no objection to. As there was a possibility an NSC commercial business could be right next to a residential, Council Member Alvarado commented it could be like lofts with apartments on top and business on the bottom. Mr. Scribner further assured NSC was much more restrictive than GC which was why staff had no issues with that. Council further discussed the restrictions they believed were set for NSC zonings. The vote for the motion on the table 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 ORDINANCE NO. 15,178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 0.33 ACRES LOCATED AT 315,319,AND 325 E. DEFEE AVENUE, LEGALLY DESCRIBED AS LOTS 17, 18, 19 AND 20, BLOCK 57 (016 & 051 THOMAS WRIGHT), GOOSE CREEK, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING DISTRICT TO A NEIGHBORHOOD SERVING COMMERCIAL (NSC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS($2,000.00); PROVIDING A REPEALING CLAUSE;CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 9. PROPOSED REZONING OF 25.20 ACRES GENERALLY LOCATED AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD AND IH-10 a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 25.20 acres generally located at the southeast intersection of Sjolander City Council Regular Meeting Minutes August 25,2022 Page 13 of 29 Road and IH-10 from Open Space/Recreation (OR) to a General Commercial (GC) Zoning District. Before Mayor Capetillo opened the public hearing, Planning and Development Director Martin Scribner summarized its subject matter. The hearing was over a rezone from Open Space/Recreation (OR) to General Commercial (GC). Mr. Scribner explained when properties were annexed,it automatically became OR due to that being the most restrictive zone the City had. Thus, OR was a placeholder, of sorts, until the City received the plans for the properties. The City had rezoned the adjacent property to the east in the last year to Light Industrial (LI) and was slated for detention. The property in question had no specific plans as there were no users that had been brought to staff's attention. The Future Land Use Map did show large-scale commercial planned for that area, and Mr. Scribner did note the property was near Low Density Single-Family(SF1) to the south. In addition, the map showed OR for a small piece of the property to the east with the rest being LI. At 8:24 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 25.20 acres generally located at the southeast intersection of Sjolander Road and IH-10 from Open Space/Recreation (OR) to a General Commercial (GC) Zoning District. Mayor Capetillo announced no individuals had signed to speak on the public hearing. At 8:24 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 25.20 acres generally located at the southeast intersection of Sjolander Road and IH-10 from Open Space/Recreation (OR) to a General Commercial (GC) Zoning District. b. Consider an ordinance to amend the official zoning map to rezone approximately 25.20 acres generally located at the southeast intersection of Sjolander Road and IH-10 from Open Space/Recreation (OR) to a General Commercial (GC) Zoning District. A motion was made by Council Member Jacob Powell and seconded by Council Member Heather Betancourth to discuss Item 9.b. However, there was a discussion prior to the vote. Council Member Powell believed General Commercial (GC) would probably be a good fit,but he had an issue with there not being anything for Council to approve of at that time to go on that GC zone. It concerned him due to the residentials directly across the street from the property. If a specific use was defined, it would give those residents an opportunity to share their thoughts. Therefore, Council Member Powell was not in favor of the rezone at that time. With that, Council Member Presley inquired if the applicant mentioned any sort of proposed use.While staff had their speculations, Planning and Development Director Martin Scribner replied there were no specified uses. Ms. Tiffany Foster, at the request of Mr. Scribner, confirmed the property was speculative. One owner had been aware of the rezoning as mentioned in the previous item. With the property in question, she reiterated there were no uses,but there had been thoughts of retail and restaurants because of a market study. However, they did not want to sell nor confirm anything as they did not have the ability to use the property for anything with it zoned as Open Space/Recreation(OR). City Council Regular Meeting Minutes August 25,2022 Page 14 of 29 Mayor Capetillo shared he agreed with the concerns of Council as GC was a broad zoning. He noted there could be things that would not be complimentary to the residents of the area. With that, he would feel more comfortable knowing what was proposed and requested for the Planning and Zoning Commission's recommendation. Ms. Foster answered the Commission did recommend approval, and further shared that the owner did not believe they could develop the full twenty-five acres. Due to its location and history with hurricanes, the development would require significant detention so a lot of that land would not be developed. Mayor Capetillo still held his concerns and needed an idea of what could go there. He requested to see a site plan so he could look at the type of buffering needed, such as mitigating noise abatement or whatever the case may be. Moreover, Mayor Capetillo wondered how time sensitive was the approval. Ms. Foster replied the owner did have a contract and would not close nor do anything different until they would know they could use the property. With regard to the comment made about the buffering needed, Ms. Foster noted Needlepoint Road had a pipeline which was a natural buffer of about sixty feet, or so, that could not and would not be built upon. On the history of the property, it was noted to have been partially cleared years ago as it was used improperly and then it was annexed by the City. Regardless, Mayor Capetillo would feel more comfortable moving forward with the approval with a site plan. Ms. Foster questioned if there were any uses Council was looking for. As Council had none, she then asked if there were uses they would not like. With that prompt, Council Member Lester queried over the traffic impact to Needlepoint. Ms. Foster explained the pipeline easement would not allow access to Needlepoint regardless of what the developer would want. At that corner, the developer must also do a traffic impact analysis and provide whatever infrastructure. In addition, it had been discussed amongst engineering staff on widening Sjolander for the traffic flow at that intersection. Ms. Foster then discussed with Council the issues with requesting a site plan from the owners. Council Member Powell noted he had viewed the Planning and Zoning Commission Meeting and it was mentioned that the site could not be developed in to a truck strop. However, in looking at the guidelines for GC, he did not see where it would prohibit that. Mr. Scribner responded there was specific language in the code that truck stops had to be within around 2,000- foot radius of Thompson. Where all truck stops were at now, that was all the City would allow. On a different note, Council Member Alvarado wished to recognize the individuals that took the time to come to the meeting,present, and hoped for a vote. She understood Council had questions, but she wondered if perhaps that was where Economic Development Manager Bret Gardella could get together with those individuals. Council did not want to waste their time in design work, for example, to try to get and approval and for Council to just shoot it down or there be roadblocks. She suggested Economic Development could work with applicants to look for investors for a plan. Ms. Foster appreciated that and shared the communication they have already had with the City's Economic Development. In that communication with City staff, the following uses were named that would not be developed at that location: a truck stop, travel center, RV park, nor a warehouse. Mayor Capetillo stated having that on record would make him feel comfortable as well as having a representative, or the owners themselves, inform Council they were interested in restaurants and retail. Thus, Ms. Foster relayed to Council the owner was interested in restaurants and retail. Council Member Powell, nevertheless, recommended Council to postpone the item to allow the residents to know the owner proposed restaurants and retail. He also wished residents would be allowed to speak on that. Mr. Scribner did note no one had showed up to the public hearing of the Planning and Zoning Commission. The City did receive comments on the Baytown Engage site City Council Regular Meeting Minutes August 25,2022 Page 15 of 29 with concerns about traffic which Ms. Foster had addressed. Another comment was, because it was zoned as OR,they wished for it to stay that way and become a park. Mr. Scribner relayed that was never planned as the Future Land Use Map slated it for large-scale commercial. The motion on the table for Council to discuss Item 9.b. had not been voted on by Council. A motion was made by Council Member Jacob Powell and seconded by Council Member Chris Presley to suspend Item 9.b. for no more than thirty (30) days. However, there was a discussion prior to the vote. Ms. Foster sought clarification if Council still wished for the applicant to design a site plan as that would not happen. Mayor Capetillo understood and, with GC being so broad, he requested they at least identify it would be retail or restaurant. Council Member Presley agreed it would be nice to hear from the applicant their convictions on the project and also in the restaurant and retail concept. The vote for the motion on the table 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 10. PROPOSED ANNEXATION OF APPROXIMATELY 55.49 ACRES GENERALLY LOCATED EAST OF NORTH MAIN STREET BETWEEN E. WALLISVILLE ROAD AND FM 1942 a. Conduct the second public hearing regarding the proposed annexation of approximately 55.49 acres generally located east of North Main Street between East Wallisville Road and FM 1942. At 8:41 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of approximately 55.49 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. The public hearing, as well as the first reading of the ordinance, was for the second piece of the Bay Creek development from CastleRock Communities. The first half, south of the property, was zoned in the last year. City Attorney Scott Lemond brought to Council's attention that the Planning and Legal staff discussed that particular item because the first public hearing had a typo. The property had been described as approximately 62.02 acres which was not true as it was 55.49 acres. The Legal Department did not feel that was a substantive issue, but he did wish to bring that to their attention. Mr. Scribner further informed that was under Consent Item 13.f. as an amendment to the service agreement. The changing of the acreage number was all that item was intended for. City Council Regular Meeting Minutes August 25,2022 Page 16 of 29 At 8:43 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of approximately 55.49 acres generally located east of North Main Street between East Wallisville Road and FM 1942. b. Consider the first reading of an ordinance for the proposed annexation of approximately 55.49 acres of land situated in the George Ellis League, A-21, Harris County, Texas, located generally east of North Main Street between East Wallisville Road and FM 1942. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,179, related to Item 10.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 Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Abstained) Approved ORDINANCE NO. 15,179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN,TEXAS,AND THE ANNEXATION OF APPROXIMATELY 55.49 ACRES OF LAND, LOCATED GENERALLY EAST OF NORTH MAIN STREET BETWEEN EAST WALLISVILLE ROAD AND FM 1942, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 11. PROPOSED ORDINANCE a. Consider an ordinance awarding the Annual Residential Solid Waste Collection, Disposal, and Recycling Services Contract for the City of Baytown to Best Trash, LLC. Mayor Capetillo announced Ms. Shanna Lopez signed up on the item,but did not wished to speak. Public Works and Engineering Director Frank Simoneaux presented the item where Council would consider an ordinance awarding a residential solid waste contract with Best Trash for a five-year term. Staff had evaluated the proposals from Waste Management and Best Trash, and strongly recommended the proposal from Best Trash. The company offered several options—of which the bag collection with sixty-five-gallon recycling cart collections for$21.45 per month was the option recommended by Staff. Mr. Simoneaux listed a few other options and awaited Council's direction. City Council Regular Meeting Minutes August 25,2022 Page 17 of 29 Mayor Capetillo commented he used a sixty-five-gallon cart for his trash and questioned if that would be picked up by Best Trash. Mr. Simoneaux replied they would only pick up trash cans no more than fifty gallons. It could not be larger carts unless the City went with the cart option. Mayor Capetillo relayed he did not want to put out trash bags because of the location of his residence. If Council went with that option, Council Member Powell commented residents that had their own carts over fifty-gallons would be useless. Assistant City Manager Jason Reynolds noted either options with Waste Management or Best Trash would render those trash cans useless. As the item needed more discussion,Council Member Lester wished to suspend the item for thirty days. Mayor Capetillo requested a matrix of all their options and reiterated his dislike with bag collections. Mr. Reynolds requested Council to have staff discuss the repercussions of pushing the item. Mr. Simoneaux explained it was a time-sensitive issue as there was an implementation plan and either company would have to purchase new carts. Mayor Capetillo then communicated Council's perspective. Solid waste was their most important contracts when it came to contact with citizens. He discussed how Council received calls, so he wanted to make sure they got the decision right. Council Member Betancourth inquired if there was a hard deadline. Mr. Simoneaux replied the implementation plan included the adoption of the contract that night, so he would need to go back and see if staff could meet their deadline. Nevertheless, he believed the two weeks should work. A motion was made by Council Member Mike Lester and seconded by Mayor Pro Tern Charles Johnson to suspend Item 11.a. for no more than thirty(30) days. 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 12. PROPOSED RESOLUTIONS a. Consider a resolution accepting an ExxonMobil donation for District 1 and District 3 park improvements. Parks and Recreation Director Clifford Hatch announced Connie Tilton with ExxonMobil was present to give Baytown a donation of$50,000 to go to park projects in Districts 1 and 3 which staff recommended the approval of. Ms. Tilton gave a few words on behalf of ExxonMobil and bestowed to Council a check of$50,000 after the following motion was approved. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to approve Resolution No. 2,794, related to Item 12.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 City Council Regular Meeting Minutes August 25,2022 Page 18 of 29 Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2,794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) FROM EXXON MOBIL CORPORATION FOR DISTRICT 1 AND DISTRICT 3 PARK IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. After Item 12.a., Mayor Capetillo returned to the regular order of the agenda to consider Item 3.a. b. Consider a resolution granting the petition for the proposed annexation of approximately 53.67 acres of land,generally located at the northeast corner of N SH 146 and FM 1405. Planning and Development Director Martin Scribner relayed the item was the acceptance of the application for the annexation of 53.67 acres at N SH 146 and FM 1405. The property would go through the rezone process to Light Industrial (LI) and the southern portion of that land would be tentatively slated for two large warehouse type buildings. On the displayed aerial image, Mr. Scribner pointed to a strip of land that would not be part of the annexation and would remain Open Space/Recreation(OR). The section would act as a buffer to the residentials that lied to the north. A motion was made by Council Member Jacob Powell and seconded by Council Member Mike Lester to approve Resolution No. 2,795, related to Item 12.b. However, there was a discussion prior to the vote. Mayor Pro Tern Johnson inquired how it would affect traffic. Mr. Scribner replied the City had not gotten to that stage of the analysis as of yet which staff would get into more with the rezone. The vote for the motion on the table 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 August 25,2022 Page 19 of 29 RESOLUTION NO. 2,795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BRANTLEY D C TRUSTEE FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 53.67 ACRES, LOCATED AT THE NORTHEAST CORNER OF N. SH 146 AND FM 1405, AND LEGALLY DESCRIBED AS TRACTS 1 &2 IN THE CHRISTIAN SMITH LEAGUE, ABSTRACT NO. 22, CHAMBERS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 13. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 13.a. through 13.j., with the exception of Items 13.a. and 13.f. that were pulled for discussion purposes. 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 a. Consider an ordinance awarding a construction contract to T Construction L.L.C., for the Annexation Utilities, Connally Area Package One Project. Public Works and Engineering Assistant Director Andrea Brinkley gave Council a synopsis of the item at the request of Mayor Pro Tern Johnson. The item was the City's Annexation Utilities Package Project for the Connally Area. The City had one bidder, despite many outreach efforts, who was present that night. Staff had done an analysis of why people did not bid, and the reasons provided were for the market escalations. Contractors could not secure materials in a timely fashion,but T Construction had been able to secure that as well as all of their pricing. Ms. Brinkley spoke favorably on behalf of the firm and recapped the amount of their bid was $6,940,496. The project was for a large area of water and sewer installation which the duration of that construction would be eighteen months. Ms. Brinkley imparted staff did recommend Council's approval. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris Presley to approve Ordinance No. 15,188, related to Item 13.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 City Council Regular Meeting Minutes August 25,2022 Page 20 of 29 Nays: None Approved ORDINANCE NO. 15,188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF T CONSTRUCTION L.L.C., FOR THE ANNEXATION UTILITIES CONNALLY AREA PACKAGE ONE PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH T CONSTRUCTION L.L.C., FOR THE ANNEXATION UTILITIES CONNALLY AREA PACKAGE ONE PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF SIX MILLION NINE HUNDRED FORTY THOUSAND FOUR HUNDRED NINETY-SIX AND NO/100 DOLLARS ($6,940,496.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the settlement agreement with Forde Construction Company, Inc., due to termination of the 2021 Mill and Overlay Contract for the convenience of the City. ORDINANCE NO. 15,180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SETTLEMENT AGREEMENT WITH FORDE CONSTRUCTION COMPANY, INC., DUE TO- THE TERMINATION OF THE 2021 MILL AND OVERLAY CONTRACT FOR THE CONVENIENCE OF THE CITY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SIXTY-TWO THOUSAND SIX HUNDRED THIRTY-TWO AND 97/100 DOLLARS ($162,632.97); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance approving the South Lagoon Sludge Removal Contract between the Baytown Area Water Authority (BAWA) and Synagro of Texas-CDR, Inc. ORDINANCE NO. 15,181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE SOUTH LAGOON SLUDGE REMOVAL CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SYNAGRO OF TEXAS-CDR, INC., AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance renewing the Annual Hot-Mix Asphalt Contract to Texas Materials Group, Inc., d/b/a Gulf Coast. City Council Regular Meeting Minutes August 25,2022 Page 21 of 29 ORDINANCE NO. 15,182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL HOT-MIX ASPHALT CONTRACT WITH TEXAS MATERIALS GROUP, INC., D/B/A GULF COAST AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($170,800.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a Professional Services Agreement with Kendig Keast Collaborative, Inc., for professional planning and ordinance writing services related to updating the Unified Land Development Code. ORDINANCE NO. 15,183 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KENDIG KEAST COLLABORATIVE, INC., FOR PROFESSIONAL PLANNING AND ORDINANCE WRITING SERVICES RELATED TO THE DEVELOPMENT OF THE UNIFIED LAND DEVELOPMENT CODE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED NINE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($309,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an amendment to the ordinance approving the Services Agreement with Castlerock Communities, LLC, concerning approximately 55.49 acres of land located generally east of North Main Street between East Wallisville Road and FM 1942. A motion was made by Council Member Jacob Powell and seconded by Council Member Chris Presley to approve Ordinance No. 15,189, related to Item 13.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Abstained) Approved ORDINANCE NO. 15,189 City Council Regular Meeting Minutes August 25,2022 Page 22 of 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDED SERVICES AGREEMENT WITH CASTLEROCK COMMUNITIES, LLC, CONCERNING APPROXIMATELY 55.49 ACRES OF LAND SITUATED IN THE GEORGE ELLIS LEAGUE, A-21, HARRIS COUNTY, TEXAS, LOCATED GENERALLY EAST OF NORTH MAIN STREET BETWEEN EAST WALLISVILLE ROAD AND FM 1942,AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the first renewal of the Annual Parks Mowing Contract with Grant Smith Mowing to provide services to the following: • Pirates Bay Water Park; • 66 separate locations that include parks, • Calypso Cove; multiple overpass locations and roadway • Bayland Marina; trimming; and • Community Center; • Off-season bed maintenance for 10 locations. • City Hall; ORDINANCE NO. 15,184 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL PARKS MOWING CONTRACT WITH GRANT SMITH MOWING, INC.,AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THREE HUNDRED SEVENTY- SEVEN THOUSAND SIX HUNDRED FORTY-FOUR AND 20/100 DOLLARS ($377,644.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the City Manager to negotiate and execute the annual renewal of up to three (3) no-cost, standby contracts for debris monitoring and up three (3) no-cost, standby contracts for debris removal for use in emergencies or disasters to ensure that the City can provide for immediate response and recovery activities. ORDINANCE NO. 15,185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, • TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE UP TO THREE (3) NO-UPFRONT-COST, STANDBY CONTRACTS FOR EMERGENCY DEBRIS MONITORING SERVICES AND DEBRIS REMOVAL SERVICES, RELATED EQUIPMENT AND SUPPORT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing a payment to Versaterm, Inc., for the annual support and software maintenance. ORDINANCE NO. 15,186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY- City Council Regular Meeting Minutes August 25,2022 Page 23 of 29 SEVEN THOUSAND EIGHT HUNDRED FIFTY-THREE AND 46/100 DOLLARS ($187,853.46) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the Collective Bargaining Agreement with Baytown Professional Firefighters Association, Local 1173. ORDINANCE NO. 15,187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN,TEXAS,AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 14. APPOINTMENTS a. Consider a resolution authorizing the Mayor to consent to and approve the appointment of Mr. Robert Swanson as the Harris County Municipalities Waste Disposal Council's representative to the Gulf Coast Waste Disposal Authority Board of Directors effective August 25, 2022. Mayor Capetillo requested Council to consider the resolution without the appointment of a name. As the City of Houston was the largest city in Harris County,Mayor Sylvester Turner was expected to call a meeting with all the mayors of Harris County to go through the nominations and appointment process. Mayor Capetillo informed Council that meeting had not yet been called upon, so an alternative to that would be to send out letters for each of the mayors' signature of approval. If there were enough signatures,then that person would be approved for the appointment. A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to approve Resolution No. 2,796, related to Item 14.a., without the name presented. The vote was as follows: Ayes: 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 Other: Mayor Brandon Capetillo (Abstained) Approved RESOLUTION NO. 2,796 • City Council Regular Meeting Minutes August 25,2022 Page 24 of 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING ITS MAYOR TO APPOINT A DIRECTOR TO THE BOARD OF DIRECTORS OF THE GULF COAST AUTHORITY. b. Consider two (2) appointments to the Baytown Area Water Authority. Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac wished for Council to consider Dr. Timothy Brockman and spoke well of him. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to discuss Item 14.b. However, there was a discussion prior to the vote. Deputy City Clerk Raquel Martinez relayed the two current members, Ms. Brenda Bradley-Smith and Mr. Brandon Benoit, sought reappointment, but five applications had been filed with the City Clerk's Office. The applicants were named as the following: Dr. Timothy Brockman, Ms. Carol Brodie, Mr. Eric Teguia, Ms. Alyssa Linares, and Mr. David Start. Mayor Capetillo inquired for nominations from Council. Council Member Betancourth encouraged Council to consider new appointments as voters approved for Council Members to have term limits. Thus, she believed a decade of one committee member's opinion was sufficient. In reviewing their rules and procedures, she noted there was an item added by previous councils to consider new appointments as often as necessary for committees instead of reappointing long-serving committee members. The following Council Members nominated the following applicants: • Council Member Betancourth nominated Ms. Alyssa Linares • Council Member Alvarado nominated Mr. Brandon Benoit • Mayor Pro Tern Johnson nominated Ms. Brenda Bradley-Smith In relaying their nominations, Council discussed their opinions of Council Member Betancourth's recommendation regarding considering new appointments versus those that were long-serving. Council Member Presley supported the nominations of Ms. Linares and Ms. Bradley-Smith. The motion on the table for Council to discuss Item 14.b. had not been voted on by Council. By a show of hands, Mayor Capetillo entertained the nomination of Ms. Alyssa Linares as the first appointment to the Baytown Area Water Authority. 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 August 25,2022 Page 25 of 29 Although she had made a nomination, Council Member Alvarado supported Ms. Bradley-Smith. By a show of hands, Mayor Capetillo entertained the nomination of Ms. Brenda Bradley-Smith as the second appointment to the Baytown Area Water Authority. Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: Council Member Heather Betancourth Approved c. Consider four (4) appointments to the Baytown Crime Control and Prevention District. Mayor Capetillo announced the individual, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac brought to Council's attention the Baytown Crime Control and Prevention District (CCPD) person for District 3 had only attended five out of the eleven meetings. Therefore, he would like for Council to appoint someone new and nominated the applicant Dr. Marissa Moreno. A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob Powell to discuss Item 14.c. However, there was a discussion prior to the vote. The following Council Members nominated the following applicants: • District 1: Council Member Alvarado nominated Ms. Loretta White • District 2: Council Member Presley nominated Mr. Jose Ortega • District 3: Mayor Pro Tem Johnson nominated Mr. Charles Murrell • District 5: Council Member Powell nominated Mr. David Start The motion on the table for Council to discuss Item 14.c. had not been voted on by Council. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Charles Johnson to approve the four (4) nominated individuals as the appointments to the Baytown Area Water Authority Board. 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 August 25,2022 Page 26 of 29 d. Consider four (4) appointments to the Baytown Fire Control, Prevention, and Emergency Medical Services District. Mayor Capetillo announced Mr. David Isaac had signed up to speak on the Appointment Item. Mr. Isaac endorsed Mr. Jamari Gilbert for the appointment and spoke favorably on his behalf A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob Powell to discuss Item 14.d. However, there was a discussion prior to the vote. The following Council Members nominated the following applicants: • Mayor: Mayor Capetillo would nominate an individual at a later date • District 1: Council Member Alvarado nominated Mr. John Adkins • District 2: Council Member Presley nominated Mr. Jamari Gilbert • District 5: Council Member Powell nominated Mr. Barry Hawkins The motion on the table for Council to discuss Item 14.d. had not been voted on by Council. Proceeding by a vocal vote, Mayor Capetillo entertained the nomination of Mr. John Adkins as the District One(1)appointment to the Baytown Fire Control,Prevention,and Emergency Medical Services District. Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: Council Member Heather Betancourth Approved By vocal vote, Mayor Capetillo entertained the nomination of Mr. Jamari Gilbert as the District Two (2) appointment to the Baytown Fire Control, Prevention, and Emergency Medical Services District. 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 By vocal vote, Mayor Capetillo entertained the nomination of Mr. Barry Hawkins as the District Five (5) appointment to the Baytown Fire Control, Prevention, and Emergency Medical Services District. City Council Regular Meeting Minutes August 25,2022 Page 27 of 29 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 e. Consider five (5) appointments to Baytown Tax Increment Reinvestment Zone No. One and the Baytown Redevelopment Authority. Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac spoke favorably of Mr. Michael Emanuel and wished for Council to consider him. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Jacob Powell to discuss Item 14.e. 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 The following Council Members nominated the following applicants: • District 1: Council Member Alvarado nominated Mr. Michael Beard • District 3: Mayor Pro Tem Johnson nominated Mr. Oscar Chapa • District 5: Council Member Powell nominated Mr. Kyle Carrier • At-Large: Council Member Alvarado nominated Ms. Marisa Tong • Harris County: Council affirmed the appointment of Ms. Brenda Bradley-Smith A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado to approve the four (4) nominated individuals as the appointments to Baytown Tax Increment Reinvestment Zone No. One and the Baytown Redevelopment Authority. 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 City Council Regular Meeting Minutes August 25,2022 Page 28 of 29 Nays: None Approved 15. MANAGER'S REPORT City Manager Rick Davis first yielded his time to Community Development Supervisor Sharon Rose. On July 30th, Ms. Rose relayed the Planning and Development Services Department hosted their 4th Annual Back-To-School Fair. Planning partnered with a lot of local businesses and organizations,including the Baytown Police Department(BPD)that hosted Coffee with A Cop on the same day. Ms. Rose estimated approximately 1,750 people attended the event and their department donated 750 backpacks stuffed with school supplies. The event was supposed to take place from 8:00 A.M. to 12:00 P.M., but they had run out of backpacks by 10:30 A.M. Planning had received donations from the following local agencies and businesses: • Texas Children's Hospital: 300 • ExxonMobil: 50 Backpacks Backpacks with school supplies • Legacy Community Health: 15 Backpacks • YMCA of Greater Houston: 300 • Telemundo of Houston: 3 Laptops with School supply packs free interne for a year(raffled to students) • State Senator Alvarado's Office: 200 • Target: $300 Worth of backpacks and Backpacks school supplies • Harris County Precinct 2: 75 • Norm Tech, LLC: $500 in Donations Backpacks with school supplies • El Toro: $400 in Donations • JSW Steel: 70 Backpacks • Baytown Airport: $200 in Donations Next, Mr. Davis gave kudos to Telecommunicator Daniel Lacraes who helped defuse a potential suicide situation. He then recognized Fire Equipment Operator Sean Saunders for achieving his certification of Advanced Structure Firefighter. Likewise, Emergency Management Coordinator David Alamia received his certification from FEMA Nation Emergency Management Advanced Academy, and had attended their first cohort in FEMA Region 6. The following individuals were recognized to have received Intermediate Structure Firefighter certifications: Firefighter Paramedic Eric Punnell, Firefighter Paramedic Don Lam, Firefighter Paramedic Taylor Brown, and Firefighter Paramedic Charles Eaves. The individuals that received Advanced Structure Firefighter certifications were: Equipment Operator Kevin Eaglin, Firefighter Paramedic Steven Auld, and Deputy Fire Marshal Jeff Kelly. Fire Chief Kenneth Dobson also renewed his Chief Fire Officer designation through the Public Safety Commission on Professional Credentialing. Moreover, Mr. Davis congratulated Public Information Coordinator Jason Calder for receiving his second Emmy Award. Ms. Calder thanked Mr. Davis and explained to Council the Emmy was for his hour-long documentary for a CBS Station in Oklahoma City. On a separate note, Mr. Davis spoke on the Topping-Off Ceremony for the Hotel Convention Center as well as the Baytown Mall Agreement. Council lastly recognized Public Works and Engineering Assistant Director Andrea Brinkley as it was her final Council Meeting and they wished her well in her future endeavors. City Council Regular Meeting Minutes August 25,2022 Page 29 of 29 16. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Mike Lester regarding District No. Six projects and programs. Council Member Lester thanked Public Works and Engineering Director Frank Simoneaux for the road striping happening on their roads, and commended the crews on their excellent job. b. Receive a report from Council Member Laura Alvarado regarding District No. One projects and programs. Council Member Alvarado first touched on the Topping-Off event for the Hotel Convention Center and expressed appreciation for everyone who had been involved in the process. The Market Street Corridor was also having a showcase on August 30th from 5:00 P.M. to 7:00 P.M. at the Community Center. Next, Council Member Alvarado wished to congratulate the new officers of the Southwest Edition Civic Association: Mr. Arturo Villegas as their president and Ms. Dahlia Mesa as treasurer. She thanked Community Engagement Coordinator Sabrina Martin and her team who worked with their association.Their next neighborhood meeting was on September 7th at 6:00 P.M. at the Sterling Municipal Library. The association was noted to be working on forming other Civic Associations for the Pelly area as well as in the Central Heights neighborhood in the future. After a few closing comments from Council regarding the Baytown Mall, Mayor Capetillo proceeded to the following item to adjourn the meeting. 17. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the August 25, 2022, City Council Regular Meeting at 9:43 P.M. 10414,11.. ,N,YTOLtt, • ht Angela J.6 son, City Clerk;i ati) City of Baytown A,n ,r.`•�t m'c �l I =W 9 t�"' e��Ir.:: p��,- ¢a