Loading...
2022 09 08 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 8, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 8, 2022, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: 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 September 8, 2022, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of the absence of Council Member Laura Alvarado. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Presley. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on August 11,2022. b. Consider approving the minutes of the City Council Budget Work Session held on August 16,2022. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Jacob Powell to approve the minutes of Items l.a. and 1.b., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Laura Alvarado (Absent) Approved City Council Regular Meeting Minutes September 8,2022 Page 2 of 18 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Presentation of the Life Saving Award to Officer Nicholas Lewin by the Chief of Police. Police Chief John Stringer opened the item to recognize Officer Nicholas Lewin. On June 5,2022, Officer Lewin responded to an assault and welfare call on the 1300 Block of Wright Boulevard where a male attempted to choke the caller and threatened to hang himself. Officer Lewin arrived and realized the citizen was not simply a perpetrator of an assault, but also suffering a mental health crisis. As the citizen was in position and indicated they would end their life by hanging, Officer Lewin talked with the citizen and was able to convince them to descend from their position. Along with his fellow officers,Officer Lewin ensured the individual was able to get help that Chief Stringer hoped would lead to long-term and sustainable mental health care. For that reason, Chief Stringer awarded Officer Lewin with the Baytown Police Department's Life Saving Award. b. Ms. Amy Skicki with the Bay Area Houston Transportation Partnership (BayTran) has requested to speak to the Council in regard to its program and membership. Bay Area Houston Transportation Partnership (BayTran) Executive Director Amy Skicki opened the item introducing herself and her organization. BayTran was an advocate for transportation, mobility, and air quality for the Bay Area Houston region and Southeast Texas. The organization is a 501(c)(d) nonprofit and served the following five counties: Galveston, Brazoria, Chambers, Fort Bend, and Harris. Ms. Skicki relayed their members consisted of counties, cities, agencies, local residents,area businesses,engineering firms,and trade organizations.A few benefits to being member of BayTran was that they would do the following: • Advocate and educate members on different transportation and costal protections; • Agency coordination for public and private partnerships; and • Offered advocacy via Houston-Galveston Area Council (H-GAC) and Texas Department of Transportation (TxDOT) In the future, BayTran planned to advocate for the following: • Grand Parkway Segments A, B, and C; • Beltway 8 and all 8 Direct Connectors; and • The Widening of State Highway 146; • The Widening of I-45 • State Highway 225; In addition,Ms. Skicki shared they also support coastal protections and widening the Houston Ship Channel. With that, Mayor Capetillo suggested the City of Baytown become a member. 3. PROPOSED REZONING OF APPROXIMATELY 25.20 ACRES GENERALLY LOCATED AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD AND IH- 10 City Council Regular Meeting Minutes September 8,2022 Page 3 of 18 a. 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. Planning and Development Services Assistant Director Chris Chavis explained the item was to continue the conversation of the last Council Meeting. The property in question was annexed into the City as Open Space/Recreation(OR) and the applicant had proposed to change that to General Commercial (GC). However, Council asked for additional information, so the applicant supplied a site plan for a retail center. As previously discussed, the site plan did show the pipeline and detention ponds serving as a buffer to Needlepoint Road. The architect was present to answer any further questions from Council, and Mr. Chavis lastly relayed staff recommends approval. Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac was a resident of the area and spoke on behalf of his community. The rezoning was something they did not want to see due to the existing traffic on Sjolander Road. As the City had a tax abatement for $16 million written in the contract for the mall, Mr. Isaac believed that was where citizens wanted to focus their commerce. The more busyness of Sjolander Road would be a detriment to his community, so Mr. Isaac requested Council vote against the rezone. A motion was made by Council Member Jacob Powell and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,190, related to Item 3.a. However, there was discussion prior to the vote. Council Member Powell expressed his appreciation to the developer for coming back. He believed GC would fit the area along I-10, but GC could be very broad. Thus, some homeowners along Needlepoint Road had concerns that the site would become a truck stop, motel, or other things of that nature. However,Council Member Powell did not hear any concerns over retail,so he believed good retail would be appreciated. He was in favor of the rezone and appreciated the developer for providing more details so Council would know what they would approve. Mayor Capetillo agreed and expressed he was more comfortable knowing there was not any access to Needlepoint Road. On that intersection, Mayor Capetillo noted some improvements would have to take place at some point. Nevertheless, he appreciated the site plan and proceeded with the vote for the motion on the table. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Laura Alvarado (Absent) Approved City Council Regular Meeting Minutes September 8,2022 Page 4 of 18 ORDINANCE NO. 15,190 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 25.20 ACRES GENERALLY LOCATED AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD AND IH-10, LEGALLY DESCRIBED AS A TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, ABSTRACT NO. 4, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) 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. 4. PROPOSED ANNEXATION OF APPROXIMATELY 55.49 ACRES GENERALLY LOCATED EAST OF NORTH MAIN STREET BETWEEN E. WALLISVILLE ROAD AND FM 1942 a. Consider the second and final reading of an ordinance for the proposed annexation of approximately 55.49 acres of land, located generally east of North Main Street between East Wallisville Road and FM 1942. Planning and Development Services Assistant Director Chris Chavis explained the item had previously been viewed by Council and was an attempt to add land to a subdivision for Bay Creek 2.0. Mr. Chavis ended on the note that they were seeking to get the property in to the City limits. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris Presley to approve Ordinance No. 15,179, related to Item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Laura Alvarado (Absent) and Council Member Heather Betancourth(Abstain) 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 City Council Regular Meeting Minutes September 8,2022 Page 5 of 18 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. b. Consider an ordinance adding the newly annexed properties generally described as 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 into Council District No. 4. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Jacob Powell to approve Ordinance No. 15,191, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo,,Council Member Chris Presley,Mayor Pro Tern Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Laura Alvarado (Absent) and Council Member Heather Betancourth(Abstain) Approved ORDINANCE NO. 15,191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,ADDING APPROXIMATELY 55.49 ACRES OF LAND SITUATED IN THE GEORGE ELLIS LEAGUE SURVEY, A-21, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED UNIFIED LAND DEVELOPMENT CODE TEXT AMENDMENTS a. Conduct a public hearing concerning the proposed text amendments to the Unified Land Development Code of the City of Baytown to consolidate certain land development ordinances. At 6:49 P.M., Mayor Capetillo opened the public hearing concerning the proposed text amendments to the Unified Land Development Code of the City of Baytown to consolidate certain land development ordinances. Planning and Development Services Assistant Director Chris Chavis summarized the subject matter of the hearing. The item was in continuation of the City's Comprehensive Plan. Staff was attempting to consolidate all of their Land Development Ordinances in to one section to make it easier to assess. Also, Mr. Chavis relayed staff would eventually overhaul the ordinance for the City Council Regular Meeting Minutes September 8,2022 Page 6 of 18 new Land Development Code that would be in alignment with the Comprehensive Plan. The amendment did not have any substantive changes as staff only moved the sections into one area, got rid of some inconsistencies, and added all definitions in to one section for ease of assessment. No one signed up to speak. At 6:49 P.M.,Mayor Capetillo closed the public hearing concerning the proposed text amendments to the Unified Land Development Code of the City of Baytown to consolidate certain land development ordinances. b. Consider an ordinance for the proposed text amendments to the Unified Land Development Code of the City of Baytown to consolidate certain land development ordinances. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Jacob Powell to approve Ordinance No. 15,192, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Laura Alvarado (Absent) Approved ORDINANCE NO. 15,192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 1 "JURISDICTION AND AUTHORITY," TABLE 1-1, AND DIVISION 2 "REVIEW AND DECISION-MAKING BODIES" TABLE 1- 2; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.12 "SIMULTANEOUS SUBMISSION OF RELATED APPLICATIONS," AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," TABLE 1-3 "SUMMARY OF NOTICE REQUIREMENTS," TABLE 14 "REQUIRED PUBLIC HEARINGS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.27 "NONCONFORMITIES," SECTION (D) "VARIANCES FOR THE EXPANSION OF NONCOMPLIANT STRUCTURES," SUBSECTION (4) "VARIANCE CREDITS" AND TABLE 1-4 "VARIANCE CREDITS"BY RENUMBERING IT AS TABLE 1-5;AMENDING City Council Regular Meeting Minutes September 8,2022 Page 7 of 18 APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.27 "NONCONFORMITIES" SUBSECTION (D)(4)c.(i)-(ii), AND SECTION 1.29 "ZONING VARIANCE PROCESS;"AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3 "ADMINISTRATION AND PROCEDURES," TO ADD SECTION 1.29.5 "SUBDIVISION VARIANCE PROCESS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.05 "RESIDENTIAL ZONING DISTRICTS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE,"ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.082 "SAN JACINTO OVERLAY DISTRICT;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.082 "SAN JACINTO OVERLAY DISTRICT;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 1 "PROPERTY DEVELOPMENT STANDARDS," SECTION 3.02 "SETBACKS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 2 "OPERATIONAL PERFORMANCE STANDARDS," SECTION 3.08 "STANDARDS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 3 "NON-RESIDENTIAL ZONES," SECTION 3.10 "APPLICABILITY;" AMENDING APPENDIX A"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 3 "NON-RESIDENTIAL ZONES"TO ADD SECTION 3.10.5 "LANDSCAPING REQUIREMENTS"AND SECTION 3.10.7 "OFF-STREET PARKING&OPEN SPACE AREAS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 4 "RESIDENTIAL ZONES," SECTION 3.12 "APPLICABILITY, BUILDINGS WITH MULTIPLE UNITS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 4 " RESIDENTIAL ZONES" TO ADD SECTION 3.13.5 "RESIDENTIAL OFF-STREETPARKING;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 5 "DISTRICT COMPATIBILITY STANDARDS," SECTION 3.14 "COMPATIBILITY STANDARDS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," TO RENUMBER ARTICLE IV "DEFINITIONS" AS ARTICLE VI AND ADDING THE DEFINITIONS OF "AMENDING PLAT," "CALIPER," "DEVELOPED LAND," "DRIVE-THROUGH RESTAURANT," "EVERGREEN TREE," "EXISTING TREE," "FILED," "GROUNDCOVER," "HORIZONTAL MIXED-USE DEVELOPMENT," "IMPERVIOUS SURFACE," City Council Regular Meeting Minutes September 8,2022 Page 8 of 18 "INTERSTATE, EXPRESSWAY,OR FREEWAY," "LANDSCAPE RESERVE," "LARGE TREE," "LOCAL STREET," "LOT CONSOLIDATION," "LOT LINE ADJUSTEMENT," "MINOR ARTERIAL," "MINOR PLAT," "MINOR REPLAT," "MIXED-USE BUILDING," "MONUMENT SIGN," "MULCH," "MULTI-FAMILY," "OUTDOOR LIVING AREA," "PARKING SPACE," "PLAT," "PLOT PLAN," "PRIMARY BUILDING(S)," "PRIMARY ENTRANCE(S)," "PRINCIPAL OR MAJOR ARTERIAL," "PROJECT AREA," "RESUBDIVISION," "RESUBMITTED," "SECONDARY BUILDING(S)," "SECONDARY ENTRANCE(S)," "SHADE TREE," "SHRUB," "SINGLE- FAMILY DWELLING," "SMALL BOX DISCOUNT RETAIL," "SMALL SUBDIVISION," "SMALL TREE," "STREETSCAPE," "SUBDIVISION," "SUBDIVISION PLAT," "TREE," AND "USABLE OPEN SPACE"; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," TO ADD ARTICLE IV "SUBDIVISIONS" AND ADD DIVISION 1 "GENERAL," DIVISION 2 "ADMINISTRATION," DIVISION 3 "LOT CONSOLIDATION," "DIVISION 3.25 SMALL SUBDIVISION," DIVISION 3.50 "MINOR PLATS," DIVISION 3.60 "MINOR REPLATS," DIVISION 3.70 "AMENDING PLATS," DIVISION 4 "SUBDIVISION PLAT," DIVISION 5 "SUBDIVISION VARIANCE," DIVISION 6 "SPECIAL DEVELOPMENTS AND SUBDIVISIONS," AND DIVISION 7 "ENGINEERING AND CONSTRUCTION STANDARDS;" AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," TO ADD ARTICLE V "SIGNS" AND ADD DIVISION 1 "IN GENERAL," DIVISION 2 "ADMINISTRATION, AND DIVISION 3 "REGULATIONS;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. UNOPPOSED CANDIDATE - COUNCIL MEMBER DISTRICT NO. 1 a. Receive the Certificate of Unopposed Status for the Office of Council Member, District No. One. Mayor Capetillo received the Certificate of Unopposed Status for the Office of Council Member, District No. One. b. Consider an ordinance declaring the unopposed candidate Laura Alvarado elected to the Office of Council Member District No. One of the City of Baytown. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,193, related to Item 6.b. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes September 8,2022 Page 9 of 18 Nays: None Other: Council Member Laura Alvarado (Absent) Approved ORDINANCE NO. 15,193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE LAURA ALVARADO ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. ONE (1) OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 8TH DAY OF NOVEMBER, 2022, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. ONE (1) OF THE CITY OF BAYTOWN; ORDERING THE CITY CLERK TO INCLUDE ON THE BALLOT FOR THE CITY'S MUNICIPAL ELECTION TO BE HELD ON THE 8TH DAY OF NOVEMBER, 2022, A HEADING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED"UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. ONE(1)AND LAURA ALVARADO'S NAME SHALL APPEAR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. 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. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern Charles Johnson to discuss Item 7.a. However, there was discussion prior to the vote. Public Works and Engineering Director Frank Simoneaux relayed at the last Council Meeting he had presented a contract for solid waste collection. However, Council requested an option that would include cart collections, so staff went back and negotiated a new contract with Best Trash to include such option. Therefore, Item 7.a. was to consider an ordinance authorizing an Annual Solid Waste Contract with Best Trash for the duration of five years and with the option to extend for six years. The contract included a twice-a-week collection of trash in a sixty-five-gallon cart that would be provided by the contractor. Or, up to ten thirty-gallon trash bags placed outside the cart and a once-a-week recycling collection in a sixty-five-gallon cart. Both materials would be collected on the second collection day and would be limited to four cubic yards. The price per household would be $24.10 with the total estimated value in the first year for $5,928,600. The amount may be adjusted annually based on an agreed Consumer Price Index (CPI) with a total adjustment over five years that would be limited to 20%. As relayed, staff recommends approval. Mayor Capetillo recalled Waste Management would be receptacle only while Best Trash would allow for both receptacles of sixty-five gallons of trash and trash bags. Mr. Simoneaux confirmed City Council Regular Meeting Minutes September 8,2022 Page 10 of 18 that was correct and added Waste Management's option was ninety-five-gallon containers for both trash and recycling.Mayor Pro Tern Johnson questioned if Best Trash took the time to ride through their city, especially District 1 alleyways. Mr. Simoneaux replied they had, so Mayor Pro Tern Johnson further questioned if they were able to accommodate to that. Mr. Simoneaux confirmed Best Trash was comfortable getting into those alleyways as they would use rear load trucks. Mayor Capetillo questioned if he were to put out two sixty-five-gallon receptacles, would that be picked up?Mr. Simoneaux replied there was an option to purchase,or rent,an additional container for the cost of$8 per month. However, if residents put out a smaller trash can, there would not be an additional charge.Best Trash Owner Matthew May confirmed residents could put out additional cans and bags up to fifty gallons in size, but they could not be privately owned. It was further clarified each citizen would receive a sixty-five-gallon cart for trash and recycling. If they needed an additional can and if it was lower than that, it would be fine. However, if it was sixty-five or above, they could purchase an additional cart for$8 per month or$6 per month for recycling. The vote for the motion on the table for Council to discuss Item 7.a.had not been taken by Council. A motion was made by Council Member Heather Betancourth and seconded by Council Member Chris Presley to approve Ordinance No. 15,194,related to Item 7.a. However,there was discussion prior to the vote. Mayor Pro Tern Johnson noted the difference of the two bids would be about $7. Mr. Simoneaux confirmed it was $24.10 versus $31.16. Mayor Pro Tern Johnson further shared most people in his neighborhood put out two sixty-five-gallon trash cans, so they would have to pay an $8 fee. Residents would have to pay out of pocket for that or to find a smaller trash can. He wished there was an option that took what most citizens already had to not add them any costs. $8 per month came out to almost $100 a year, and for the next five years that would be about $500. Council Member Lester noted most of his neighbors also used a couple of carts and trash bags. As he lived along the bayou, he had hoped the City would get away from bags. However, Council Member Lester believed the proposal was closer to what the City currently had and Waste Management's proposal for strictly containers may be a harder step for residents. He was torn because if$24.10 was the saving for citizens and if they had to pitch in another$8, it would then not be a saving. Mr. Simoneaux clarified the $7 difference with Waste Management would be for all residents to pay. With Best Trash, select people who would like a second cart would have to pay. On that note, Council Member Powell shared his neighborhood also used multiple cans and that some only put their trash out once despite the City offering twice-a-week.Thus, going with the higher cost option for the sake of those that needed it would cause everyone to pay more. He also agreed the option presented was closest to their current service. Council Member Presley and the Mayor concurred. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None City Council Regular Meeting Minutes September 8,2022 Page 11 of 18 Other: Council Member Laura Alvarado (Absent) Approved ORDINANCE NO. 15,194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ANNUAL RESIDENTIAL SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICES CONTRACT WITH BEST TRASH, L.L.C.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE MILLION TWO HUNDRED SEVENTY-SIX THOUSAND NINE HUNDRED FIFTY-SEVEN AND NO/100 DOLLARS ($5,276,957.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED RESOLUTION a. Consider a resolution to amend the City of Baytown's City Council Rules and Procedures to establish new time limits for public speakers. Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac relayed the resolution looked like a reactionary measure to the last meeting where an individual was allocated time by several different members of the community. He believed the reaction was a little extreme to limit that to only three people because a lot of people did not have the gift of public speaking. Also, Mr. Isaac believed it was a reactionary measure against himself. He cautioned Council against limiting citizen's freedom to communicate with their elected officials, and for them to consider speakers who spoke for those that could not do it themselves. He requested Council to not limit that to three people as Lee College had four and Goose Creek had five or six. Baytown's City Council should have more than those two entities, in his opinion. Mayor Capetillo clarified Council did look at other governmental entities. Goose Creek, for example, had a set timeframe regardless of how many speakers. The resolution would allow an individual up to nine minutes. It would not limit an item to nine minutes, only one speaker. Mayor Capetillo affirmed public hearings would remain the same as well as the citizens that signed up on an item would be given their three minutes. He believed that allowed for the freedom of speech. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles Johnson to approve Resolution No. 2,797, related to Item 8.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: Council Member Heather Betancourth City Council Regular Meeting Minutes September 8,2022 Page 12 of 18 Other: Council Member Laura Alvarado (Absent) Approved RESOLUTION NO. 2,797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CITY COUNCIL RULES OF PROCEDURE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. DISCUSSIONS a. Discuss the City of Baytown Fiscal Year 2022-2023 Proposed Budget. Finance Director Victor Brownlees opened the item recalling he had emailed Council two sets of proposals relating to the General Fund that were predicated upon a tax reduction of 2.5¢ and a$25 million debt issuance. One option set the general contingency at $1 million with the days in the fund balance being at seventy-five. The second option set the contingency at $2 million which dropped the fund balance to seventy-two days. In addition, there was a second set of three options relating specifically to the Capital Investment Program (CIP) that dealt with the debate between the two Ad Hoc Committees. Thus, Mr. Brownlees presented the Architectural and Engineering Committee's proposal,the Finance Committee's proposal, and also a suggestion made by himself. The Architectural and Engineering Committee's proposal was for the Jenkins Park Pavilion to be delayed and for the 100 Block of Texas Avenue to be funded from the CIP. The Finance Committee's proposal was to move both of those in to the Municipal Development District (MDD), so it would have to be requested by the MDD to consider that and amend their budget to do so. Mr. Brownlees's suggestion was that the CIP could shoulder the burden for both projects. Thus,the City would not have to delay the Jenkins Park Pavilion nor go to the MDD. After further clarifications, Mayor Capetillo shared he was in favor of the seventy-two days and $2 million contingency. Council Member Presley and Council Member Betancourth agreed. With the CIP options, Council Member Powell and Council Member Presley supported Mr. Brownlees' option. Council Member Lester wished to discuss the Art League Building because the number they discussed was $150,000 while $250,000 was in the budget. Council Member Betancourth noted that was incorrect as the Architectural and Engineering Committee proposed$150,000 in cash and $100,000 in debt issuance. The Finance Committee recommended that all be cash-funded and not split in to two funding sources. However, Council Member Presley stated it was the Architectural and Engineering Committee's intent to recommend a total of$150,000 while the $250,000 came out of the deliberations of the Finance Committee. Regardless, he did not have an issue with the $250,000, but requested a structural engineer be consulted to see if the second floor was useable. Mayor Pro Tern Johnson questioned why the Architectural and Engineering Committee initially suggested $150,000. Council Member Lester replied they were looking for ways to cut the budget and a miscommunication added$100,000. Council Member Betancourth shared she did not know City Council Regular Meeting Minutes September 8,2022 Page 13 of 18 why it came to the Finance Committee that way, but she did not believe that was nefarious. Mr. Brownlees explained$250,000 was the minimum needed for all the work necessary to the building. If it was cut to $150,000, he suggested the item be cut entirely. Mayor Pro Tem Johnson was concerned that a structural engineer was not discussed to be used with the listed amount, so some repairs would not be done. Council Member Presley and Mayor Capetillo disagreed and advocated for the structural engineer. In addition, Mayor Pro Tern Johnson expressed concern over the $100,000 that came out of nowhere and that Council was finding ways to spend that money. After further clarifications, Council Member Betancourth agreed the$250,000 did not account for a structural engineer so she would support adding another $20,000 for that. On the other hand, Council Member Presley and Mayor Capetillo believed the$250,000 could absorb that. So,Public Works and Engineering Director Frank Simoneaux listed what the $250,000 was supposed to include which would not be covered with$150,000. With that, Council Member Lester expressed concerns with repairs to the upstairs, and recapped on the clarification of the miscommunication with the$100,000. If$250,000 was determined to be needed for all the work proposed,Mayor Pro Tern Johnson was okay with that. Thus, Council reached a consensus on Mr. Brownlees's option. Assistant City Manager Jason Reynolds questioned if there was a consensus on the structural engineer. Mayor Capetillo repeated it could be absorbed in the $250,000. Council Member Lester suggested they do the necessities first. If there were a few thousand left,then do that. If not,Council would have a conversation about it. On another note, he had an issue with the two Economic Development positions as Council reached a consensus on one. He interpreted the situation had been one could be done, but they found they could fund another. Mr. Reynolds understood his concern, yet requested trust in staff that they would not do that without Council knowing. Moreover, Council Member Presley believed the City did not yet have an Economic Development Department and expressed his doubts in approving two positions that would not have any one to report to. He advised there be a more holistic approach. As it was beyond his time on Council, Council Member Presley believed the matter was beyond his and the City Manager's tenure. Nonetheless, City Manager Rick Davis touched on how he handled vacancies with the Police and Fire Departments. Thus, he recommended Council eliminate the positions entirely. Staff would approach Council when they were ready to satisfy their needs for Economic Development and when there was enough latitude in the budget. With that way, Council would not authorize anything but there would be an understanding that staff would reconfigure the program and would need that additional help. Mr. Davis explained staff would then come to Council and ask for that position. Council Member Lester countered the City had a current position. He proposed they keep one position and fill those two. If staff were to need a third,he requested trust in Council that they would respond to that. Assistant City Manager Kevin Troller further clarified the reason two were proposed was because of the meeting he did not attend where the discussion happen. Council's consensus was to leave the two positions, staff would hire one, and when staff was ready they would come back to Council. With that settled, Mr. Brownlees recapped on Council consensus. 10. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30, 2022. City Council Regular Meeting Minutes September 8,2022 Page 14 of 18 Finance Director Victor Brownlees reported the General Fund balance the City would end with stood at about 140 days which would allow them to fund more in the Capital Investment Program (CIP)in the next year.On the Aquatics Fund,Mr. Brownlees summarized the fund was in a healthy position. For the Hotel/Motel Fund, the City continued to outperform it. The Water and Sewer Fund was spot on in terms of revenues and expenditures as predicted, and the Sanitation Fund would be even better going in to the next year with their new contract. Mr. Brownlees noted that would give the City an opportunity, as they go through the next year,to consider what to do if that fund balance grew. On the Storm Water Utility Fund, it was as staff expected as well as the Street Maintenance Fund. Mr. Brownlees lastly reported their quarterly earnings were up significantly thanks to interest rates growing and the outsourcing of the City's investment advisory service. The quarterly earnings were almost at half a million while the last quarter did not even reach$100,000. b. Receive the no-new revenue tax rate and voter-approval tax rate. Finance Director Victor Brownlees reported the new revenue rate came in at 75.1560, and the voter-approval rate came in at 83.30. Council's proposal was to drop the tax rate to 760 which was significantly below the voter-approval tax and closer to their new revenue tax rate. c. Receive the 2022 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. Finance Director Victor Brownlees reported the City of Baytown's value was up 20%. Of that, 18% was in Harris County and Chambers County increased by 48%, much of which was with industrial valuations. Baytown's revenue rate dropped because their appraised values increased. 11. CONSENT Mayor Capetillo announced Mr.David Isaac had signed up to speak on Item 11.f. Instead of pulling the item for discussion, Council proceeded to Item 11.f. before entertaining the motion to approve the entire Consent Agenda. After which, Council proceeded to do just that. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris Presley to approve Consent Agenda Items 11.a. through 11.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Laura Alvarado (Absent) Approved a. Consider an ordinance authorizing Change Order No. 8 for Baytown Animal Shelter and Adoption Services Project between the City of Baytown and Construction Masters of Houston LLC. City Council Regular Meeting Minutes September 8,2022 Page 15 of 18 ORDINANCE NO. 15,195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 8 TO THE BAYTOWN ANIMAL SHELTER AND ADOPTION SERVICES PROJECT WITH CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED NINETY-SIX THOUSAND EIGHT HUNDRED TEN AND 62/100 DOLLARS ($96,810.62); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Professional Services Agreement with HDR Engineering, Inc. for project management, construction management, and inspection services for the Annexation Utilities Connally Area Package One Project. ORDINANCE NO. 15,196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., FOR PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE ANNEXATION UTILITIES CONNALLY AREA PACKAGE ONE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FOURTEEN THOUSAND NINE HUNDRED EIGHTY-SIX AND 23/100 DOLLARS ($314,986.23); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance approving Change Order No. 2 to the contract for Housing Reconstruction between the City of Baytown and R&R Commercial & Residential Construction, LLC. ORDINANCE NO. 15,197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT FOR HOUSING RECONSTRUCTION WITH R&R COMMERCIAL & RESIDENTIAL CONSTRUCTION, LLC, IN AN AMOUNT NOT TO EXCEED THIRTY-SIX THOUSAND EIGHT HUNDRED FORTY-THREE AND 80/100 DOLLARS ($36,843.80); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of GIS remediation services from DATAMARK, a division of Michael Baker International, Inc., to establish location validation, routing, and the geospatial layers necessary to be in compliance with National Emergency Number Association (NENA) Next Generation 9-1-1 (NG9-I-1) Core Services. City Council Regular Meeting Minutes September 8,2022 Page 16 of 18 ORDINANCE NO. 15,198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF GIS REMEDIATION SERVICES FROM DATAMARK, A DIVISION OF MICHAEL BAKER, INTERNATIONAL, INC., TO ESTABLISH LOCATION VALIDATION, ROUTING, AND THE GEOSPATIAL LAYERS NECESSARY TO BE IN COMPLIANCE WITH NATIONAL EMERGENCY NUMBER ASSOCIATION (NENA) NEXT GENERATION 9-1-1 (NG9-1-1) CORE SERVICES; AUTHORIZING PAYMENT IN THE AMOUNT OF NINETY-ONE THOUSAND, FIVE-HUNDRED, TWENTY DOLLARS ($91,520.00) BY THE CITY OF BAYTOWN; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a Professional Services Agreement with Kimley- Horn and Associates, Inc.,to provide assistance in the submission of a Rebuilding American Infrastructure with Sustainability and Equity Grant for Segments C-F of Garth Road. ORDINANCE NO. 15,199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE ASSISTANCE IN THE SUBMISSION OF A REBUILDING AMERICAN INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY GRANT FOR SEGMENTS C-F OF GARTH ROAD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing payment to Baker Wotring, L.L.P., for legal services in connection with United States of America and State of Texas v. City of Baytown; Civil Action No. 4:22-cv-01279, in the United States District Court for the Southern District of Texas, Houston Division. Before the approval of the Consent Agenda, Mr. David Isaac was announced to have signed up to speak on Consent Item 11.f. Mr. Isaac believed $250,000 was allocated to hire an attorney for the litigation of the matter, and commented that could have been spent on many other things. He wished to compel Council to be responsible with the water going forward as many people were affected, especially on the west side of Baytown in District 1. Mr. Isaac requested they help those people affected by the situation. With that, Council proceeded with the motion to approve the entire Consent Agenda, as presented. City Council Regular Meeting Minutes September 8,2022 Page 17 of 18 ORDINANCE NO. 15,200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT TO BAKER WOTRING, L.L.P., FOR LEGAL SERVICES IN CONNECTION WITH UNITED STATES OF AMERICA AND STATE OF TEXAS V. CITY OF BAYTOWN, CIVIL ACTION NO. 4:22-CV- 01279, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION, IN AN ADDITIONAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. APPOINTMENTS a. Consider three (3) appointments to the Parks and Recreation Board. Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac noted one of the individuals listed for the appointments was former Council Member Terry Sain who served on two different committees. He believed it was time to cycle Mr. Sain out for new representation. Also, Mr. Kevin Jones had been in place since 2009, but it was his first time as Chair. Mr. Isaac hoped there would be new leadership on the Parks and Recreation Board. Mayor Capetillo relayed all three appointments were for the Mayor and announced his first nomination was for Mr. Sain. Next, he nominated Mr. Jamari Gilbert. As for the third vacancy, Mayor Capetillo stated he would make an appointment on a future date. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Mike Lester to approve Mr. Terry Sain and Mr. Jamari Gilbert as the two (2) appointment to the Parks and Recreation Board. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Laura Alvarado (Absent) Approved 13. MANAGER'S REPORT City Manager Rick Davis recognized Firefighter Paramedic Bradley Bryant for achieving his Intermediate Structure Firefighter certification. Likewise, Mr. Davis recognized Fire Equipment Operator George Lusito who received his Advanced Structure Firefighter certification. City Council Regular Meeting Minutes September 8,2022 Page 18 of 18 14. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Chris Presley regarding District No. Two projects and programs. Mayor Capetillo announced the citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac shared the community was working to supplement the progress made with the San Jacinto Mall and were focusing their efforts on the old K-Mart on North Pruett. Mr. Isaac expressed his hope that they could get some compliance and cooperation from Council Member Presley. Council Member Presley began his report by noting the new Utility Building was coming along nicely. The parking lot had been completed, the steel frame went up the week before, and the roof deck was installed earlier that day. He similarly stated the new artificial turf at Town Square was coming along and that,despite the weather,the new shade structures had been installed. Moreover, two businesses had moved in to the Arts District: La Bocanegra and the Black Orchid Florist. He additionally confirmed another small business of food and beverage was still in the works on the corner of Pruett Street in West Texas. Also on Pruett, the old Grace Methodist Church would be undergoing an $8 million renovation and would be converted in to the Bob Hope School. Next, Lee College would be opening their new bookstore on Texas Avenue and would also move their cosmetology program in to an adjacent building on the same block. In addition, the college was finishing up a $1 million renovation of the McNulty Haddick Building to double the size of their nursing program. Lastly, Council Member Presley relayed he and Council Member Alvarado attended a Pelly neighborhood meeting. He thanked staff and spoke on the success of that meeting. 15. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the September 8, 2022, City Council Regular Meeting at 7:50 P.M. s NY TOW/b, c ° a / Of: -111.51P- is .t. y ``,.city«C. ° Cit '� " 'aytown °°°