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2022 10 13 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 13, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 13, 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: 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 Angela Jackson City Clerk Jerris Mapes Assistant City Attorney John Stringer Sergeant at Arms Mayor Capetillo convened the October 13, 2022, City Council Regular Meeting with a quorum present at 6:30 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Heather Betancourth. 1. MINUTES A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to approve the minutes of Items l.a. and 1.b., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider approving the minutes of the City Council Special Meeting held on September 8, 2022. b. Consider approving the minutes of the City Council Work Session and Regular Meeting held on September 8,2022. City Council Regular Meeting Minutes October l3,2022 Page 2 of 28 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Elena Poirot with the Baytown ACE District has requested to speak to the Council in regard to the state of the buildings on Texas Avenue and how they hinder economic development in the area. Mayor Capetillo announced several citizens had signed up to speak on the item. However, citizens Mr. Steve Knight,Ms. Karen Knight, and Ms. Dixie Mullis deferred their time to Ms. Elena Poirot. Ms. Poirot was present on behalf of the Arts, Culture, and Entertainment (ACE) District and requested the City to enforce the Vacant Building Ordinance. On Texas Avenue, Ms. Poirot shared many buildings were in various stages of disrepair and displayed images via PowerPoint. By the number of such properties in the District, she expressed the City was not doing its job on that front. If the current ordinance could not be enforced, she suggested Council alter it so it could be enforced. Ms. Poirot also requested vacant lots be addressed as well.To conclude her presentation, she listed their projected consequences on that lack of enforcement and reiterated her request. Mayor Capetillo announced Ms. Tammie Scott had signed up and wished to speak on the item. Ms. Scott discussed over aesthetics and how abandoned properties presented challenges. For example, such properties dragged down local economy, impeded population growth, depressed property values, increased crime, and imposed heavy cost burdens to the local government. Ms. Scott stressed the importance of aesthetics and how business owners were hamstrung by the lack of City leaders enforcing ordinances. Ms. Scott invited the Council Members to question whether they have had that conversation in the last fifteen years. After spending approximately$15 million to reimagine Town Square, were they still having that discussion? How were they allowing the aesthetics of Town Square to go unaddressed, and how would they reimagine that space? Council Member Presley wished to comment, but Mayor Capetillo interjected to note Council could only receive Citizen Communications with no response. Council Member Presley objected, called a Point of Order, and requested it be put to a vote. Assistant City Attorney Jerris Mapes confirmed Council could not respond to citizens' comments because they were not agenda items. Also, a response would be in violation of the Open Meetings Act. After deliberating, it was settled Council Member Presley could have time deferred in the City Manager's Report for his comments. b. Present a proclamation designating October as National Community Planning Month in Baytown. Mayor Capetillo, accompanied by the Planning and Development Services Department staff, read the proclamation which designated October as National Community Planning Month in Baytown. c. Present a proclamation designating October 9-15, 2022, as Fire Prevention Week. Mayor Capetillo, accompanied by the Fire Department staff, read the proclamation which designated October 9-15, 2022, as Fire Prevention Week in Baytown. 3. CITY OF BAYTOWN PROPOSED TAX City Council Regular Meeting Minutes October 13,2022 Page 3 of 28 a. Consider an ordinance authorizing the issuance of the City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 2022 in an amount not to exceed $45,000,000.00 and levying a tax payment thereof. Mayor Capetillo announced a citizen, Mr. Byron Schirmbeck, signed up to speak on the item. (Zoom) Mr. Schirmbeck wished to inform the public that public debt was issued through general obligation which required public vote.He recited,from the Texas Comptroller's website,a concern about Certificates of Obligation (CO) which the City could issue without a public vote. The concern was that COs allowed local officials to burden taxpayers with long-term, tax-funded debt without adequate citizen input or approval. He conveyed that ability to fund multiple projects with a single CO was confusing and disguised public indebtedness. In looking at Item 3.a., there were over twenty categories in that$45 million CO which he believed the City could put anything in to. Mr. Schirmbeck listed a few examples that the City generally funded and were not unforeseen. He understood the need for those items and that the City did not want to spend everything out of the budget all at once. However, cramming those items in to a single CO without a vote,nor disclosing that list, caused concerns. Mr. Schirmbeck was concerned with the way the City seemed to abuse COs as a regular funding mechanism for something that was designed for emergencies. Finance Director Victor Brownlees then presented the ordinance to Council. Mr. Brownlees clarified that, at the beginning of the process, the City had identified a list of projects amounting to over$40 million. Hence, Staff originally set a ceiling on debt issuance of$45 million. However, Council brought that down to$25 million of individual projects that they identified and were happy to fund from the issuance of debt. The ordinance set a new ceiling of$25,750,000. The $750,000 was to allow Mr. Brownlees enough latitude to pay any issuance costs related to that debt. Mayor Capetillo further recapped Council went through a series of deliberations by both their Architectural and Engineering Committee and the Finance Committee. In fact, the Finance Committee came up with a matrix of when it would be appropriate for certain types of bonds and when they would need voters. Therefore, Mayor Capetillo determined they were within the law. Council Member Lester questioned if he could adjust the motion from$45 million to$25,750,000. Mr. Brownlees clarified the ordinance set a limit of$25,750,000. The purpose of declaring that original amount was because that was where they started, and he legally had to say that again. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,215, related to Item 3.a. However, there was discussion prior to the vote. Council Member Powell opposed the ordinance because he believed COs should be used more for emergencies. He was happy to see the amount of things cash-funded and liked to continue to move in that direction to avoid debt. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, and Council Member Mike Lester City Council Regular Meeting Minutes October 13,2022 Page 4 of 28 Nays: Council Member Jacob Powell Approved ORDINANCE NO. 15,215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2022; LEVYING A TAX IN PAYMENT THEREOF; SETTING CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance adopting the tax rate for General Fund Maintenance and Operations at$.46312 per$100 valuation for the fiscal year ending September 30,2022, and adopting the tax rate for Debt Service at $.28688 per $100 for the fiscal year ending September 30, 2023. Mayor Capetillo announced the citizen, Mr. Byron Schirmbeck, signed up to speak on the item. (Zoom) Mr. Schirmbeck wished to speak when the City did something wrong, but also when the City did something right. The no-new revenue rates represented honest work from the Mayor, Staff, and Council. Their goal was to reduce the tax burden on citizens, so he expressed his thanks. Finance Director Victor Brownlees also paid tribute to the work Council carried out through their deliberations on the budget. Initially, Staff started with a half-cent tax rate reduction which Council had taken to 3.50. The largest tax rate cut for the City. The City issued over $25 million of debt, and yet still had been able to cut the tax rate by 3.50. Mayor Capetillo, likewise, commended Council as well as Staff. He spoke on the City's need for infrastructure and balancing that with their need to be responsible. The City had taken a conservative approach and a matrix was created to show when they would need voter approval. Therefore, everything had been within law. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,216, related to Item 3.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 ORDINANCE NO. 15,216 City Council Regular Meeting Minutes October 13,2022 Page 5 of 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATIONS AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2023, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED REZONING OF AN APPROXIMATE 14.76 ACRE PARCEL LOCATED AT 8200 NORTH MAIN STREET a. Conduct a public hearing concerning a request to amend the official zoning map to rezone an approximately 14.76 parcel located at 8200 North Main Street from an Open Space/Recreation (OR) to a General Commercial (GC) Zoning District. At 7:04 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone an approximately 14.76 parcel located at 8200 North Main Street from an Open Space/Recreation(OR) to a General Commercial (GC) Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The property, as mentioned, was currently zoned as OR and the owners requested a rezone to GC. Mr. Scribner stated it was a speculative rezone as Staff had not been presented with any plans nor businesses. Much of the area around the property was zoned as OR; however, Staff expected to see those be requested for a rezone as well. Mr. Scribner relayed the Future Land Use Map showed support for a GC-type zoning. The request went to the Planning and Zoning Commission for a public hearing with no opposition. Thus, it came to Council with a positive recommendation. Mayor Capetillo announced two citizens had signed up to speak on the public hearing. The first citizen to speak was Commander Mark Chapman on behalf of the Veterans of Foreign Wars (VFW) Post 912. Their organization was not opposed to the properties around them being changed to commercial, but they had a gun range there since 1976. The range was still used by several groups, and they had a certified National Rifle Association (NRA) instructor. While they were in favor of the rezone, Commander Chapman wished to inform the public of that range and that they did not want to lose that privilege. He assured they were taking precautions to ensure the safety of anyone that would be building around them so they could continue that operation. The following citizen, Mr. Jerry Johnson, had no further comments on the hearing. As the gun range was outdoors, Mayor Pro Tem Johnson questioned how that would affect incoming businesses. Mr. Scribner replied there would be normal restrictions as a business going anywhere else.The proximity of a gun range,from the City's standpoint,did not put any additional restrictions on nearby land uses. Mayor Pro Tem Johnson expressed concern with there being no restrictions on distancing or anything else. Mayor Capetillo responded the VFW moved to their current location in the 70s to avoid being far from the city limits of Baytown. Now, the City had City Council Regular Meeting Minutes October 13,2022 Page 6 of 28 surrounded that location and the Mayor did have a letter from 1996. The letter was signed by the Police Chief and City Attorney at that time allowing the gunfire. Mayor Capetillo requested Council honor that letter which he filed with the City's Legal Department and the current Police Chief. Also, if any GC was developed,businesses would be made aware of the gun range. Mayor Pro Tern Johnson clarified he was not asking to remove the range. His concern was to make sure there were distance requirements, or restrictions, before allowing businesses to go in that close. Mr. Scribner reiterated there were no special restrictions based on a gun range being next door. Mayor Pro Tern Johnson believed Council should revisit that before approving the rezone. Council Member Alvarado wished to protect the VFW,but understood the concern. She wondered if Council wanted to put in distance requirements for new businesses going in. In order for a gun range to be licensed, Mr. Scribner noted they had to meet certain safety deals at the State and Federal level. Nonetheless, he acknowledged the concern. The Future Land Use Map did show that entire area as commercial, and the gun range issue was not specifically addressed. If Council wished for additional restrictions, staff could look at that as there was no such thing in place. Council Member Lester had been unaware the VFW's range was certified and thus met certain requirements. As long as they met those requirements, he presumed safety issues should be resolved. Also,there was an ongoing effort to make new businesses aware that the range was there. Council Member Lester agreed they should protect the VFW, but should make sure that their certification and safety issues remained at the top of their list. If Council were to address new ranges coming in, he agreed on the properties having plenty of distance to maintain safety. Mr. Scribner responded the City would put that onus on the gun range and not on their neighbors coming in. As it currently stood, it was on the new business to look at the property and understand the risks. From a land use perspective, it made sense to go to GC and that had been staffs focus. As the applicant was present, Mayor Capetillo questioned if the landowner was fully aware there was an operating gun range. Ms. Tiffany Foster confirmed they knew the range was there and discussed that when it was annexed about ten years ago. She added there had been dedication by Harris County for roadway improvements which allowed for improvements for the sewer system. Thus, there had always been an intent to bring all the properties in to the City to be developed. There were no further questions from Council, and no one else desired to speak that signed up. At 7:16 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone an approximately 14.76 parcel located at 8200 North Main Street from an Open Space/Recreation(OR)to a General Commercial (GC) Zoning District. b. Consider an ordinance concerning a request to amend the official zoning map to rezone an approximate 14.76-acre parcel located at 8200 North Main Street from Open Space/Recreation (OR) to a General Commercial(GC) Zoning District. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,217, related to Item 4.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 City Council Regular Meeting Minutes October 13,2022 Page 7 of 28 Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,217 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 14.76 ACRES LOCATED AT 8200 NORTH MAIN STREET, LEGALLY DESCRIBED AS TRACTS 8, 8M, 8N, AND 8P, ABSTRACT 21, GEORGE ELLIS LEAGUE, 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. 5. PROPOSED REZONING OF APPROXIMATELY 55.49 ACRES, LOCATED GENERALLY EAST OF NORTH MAIN STREET BETWEEN EAST WALLISVILLE ROAD AND FM 1942 a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 55.49 acres, located generally east of North Main Street between East Wallisville Road and FM 1942 from an Open Space/Recreation (OR) to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. At 7:18 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 55.49 acres, located generally east of North Main Street between East Wallisville Road and FM 1942 from an Open Space/Recreation (OR) to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The item was a rezone request from OR to SF2, and the property had been recently annexed. Mr. Scribner relayed it was the second part of the Bay Creek residential subdivision that was proposed and zoned last year. The rezone would provide an addition of 156 single-family lots. There were no questions from Council, and no citizen had signed up to speak on the hearing. At 7:19 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 55.49 acres, located generally east of North Main Street between East Wallisville Road and FM 1942 from an Open Space/Recreation (OR) to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. City Council Regular Meeting Minutes October 13,2022 Page 8 of 28 b. Consider an ordinance to amend the official zoning map to rezone approximately 55.49 acres, located generally east of North Main Street between East Wallisville Road and FM 1942 from an Open Space/Recreation (OR) to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,218, 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 Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Abstained) Approved ORDINANCE NO. 15,218 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 55.49 ACRES LOCATED GENERALLY EAST OF NORTH MAIN STREET BETWEEN EAST WALLISVILLE ROAD AND FM 1942, SITUATED IN THE GEORGE ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) 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. 6. PROPOSED REZONING OF APPROXIMATELY 40 ACRES LOCATED AT 6455 EAST IH-10 a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 40 acres located at 6455 East Interstate Highway 10 (IH 10) from an Open Space/Recreation (OR) to a General Commercial (GC) Zoning District. At 7:20 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 40 acres located at 6455 East Interstate Highway 10 (IH 10) from an Open Space/Recreation (OR) to a General Commercial (GC)Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The item,of the property previously described,was a speculative rezone to GC.Mr. Scribner noted two-thirds of that property was in a flood plain and had a large pond. The rezone was speculative City Council Regular Meeting Minutes October 13,2022 Page 9 of 28 because staff was not shown any plans nor given any specific uses. The Future Land Use Map showed that entire area as GC,and the property was currently zoned as OR.The matter went before the Planning and Zoning Commission and came to Council with a favorable recommendation. Mr. Scribner lastly relayed there had been no opposition to the rezone at their public hearing. There were no questions from Council and no citizen had signed up to speak on the hearing. At 7:21 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 40 acres located at 6455 East Interstate Highway 10 (IH 10) from an Open Space/Recreation(OR) to a General Commercial (GC) Zoning District. b. Consider an ordinance to amend the official zoning map to rezone approximately 40 acres located at 6455 East Interstate Highway 10 (IH 10) from an Open Space/Recreation (OR) to a General Commercial(GC) Zoning District. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern Charles Johnson to approve Ordinance No. 15,219, related to Item 6.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. 15,219 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 40 ACRES LOCATED AT 6455 EAST INTERSTATE HIGHWAY 10 (IH 10), LEGALLY DESCRIBED AS TRACT 3E,ABSTRACT 21, GEORGE ELLIS LEAGUE, 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. 7. PROPOSED REZONING OF APPROXIMATELY 2.2 ACRES LOCATED AT 706 EAST CEDAR BAYOU LYNCHBURG ROAD a. Conduct public hearing concerning a request to amend the official zoning map to rezone approximately 2.2 acres located at 706 East Cedar Bayou Lynchburg Road from an City Council Regular Meeting Minutes October 13,2022 Page 10 of 28 Open Space/Recreation (OR) to a Neighborhood Serving Commercial (NSC) Zoning District. At 7:22 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 2.2 acres located at 706 East Cedar Bayou Lynchburg Road from an Open Space/Recreation (OR) to a Neighborhood Serving Commercial (NSC) Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The property, as previously described, was currently zoned OR as much of the surrounding area. However, the Future Land Use Map showed that entire area as low-density residential (SF1). The request would convert an existing residence in to an insurance office which was accounted for in that land use category. The Planning and Zoning Commission did not meet any opposition from the public, so it came to Council with a favorable recommendation.With a map displayed,Council Member Lester noted there was a commercial business further west on that same road. Mr. Scribner confirmed Cedar Bayou Lynchburg Road had a mishmash of uses including commercial. Mayor Capetillo noted Ms.Jenny Montes had signed up to speak,but she had no further comments. At 7:27 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 2.2 acres located at 706 East Cedar Bayou Lynchburg Road from an Open Space/Recreation (OR) to a Neighborhood Serving Commercial (NSC) Zoning District. b. Consider an ordinance concerning a request to amend the official zoning map to rezone approximately 2.2 acres located at 706 East Cedar Bayou Lynchburg Road from an Open Space/Recreation (OR) to a Neighborhood Serving Commercial (NSC) Zoning District. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem Charles Johnson to approve Ordinance No. 15,220, related to Item 7.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. 15,220 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 2.2 ACRES LOCATED AT 706 EAST CEDAR BAYOU LYNCHBURG ROAD, LEGALLY DESCRIBED AS City Council Regular Meeting Minutes October 13,2022 Page 11 of 28 TRACT l OB (PR YR LAND 2012-2016*0450130050219),ABSTRACT 709, J W SINGLETON, BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) 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. 8. PROPOSED ANNEXATION OF APPROXIMATELY 53.67 ACRES AT 5814 N SH 146 a. Conduct the first public hearing regarding the proposed annexation of approximately 53.67 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. With an aerial image displayed, Mr. Scribner noted there was a strip in between the property that was owned by someone else. The company owned the two separated areas and were requesting to annex their entire area. Mr. Scribner informed Council the property would also go through the process for a rezone to Light Industrial (LI). The rezone would include a couple of warehouses on that site for about 750,000 square feet of space in total. As the company was going through the rezoning process, Mr. Scribner projected that would be in front of Council at their next meeting. At 7:28 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of approximately 53.67 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405. As Staff already summarized the subject matter of the hearing and no one had signed up to speak. At 7:28 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of approximately 53.67 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405. b. Consider an ordinance authorizing a Services Agreement with DCB Joint Venture No. 2, concerning approximately 53.67 acres of land located at 5814 N SH 146,the northeast corner of N SH 146 and FM 1405. A motion was made by Council Member Jacob Powell and seconded by Council Member Heather Betancourth to discuss Item 8.b. As Council had their discussion,no vote was taken on the motion. Council Member Powell represented that area and heard a lot about truck traffic on SH 146. The City was working with Harris County and the Texas Department of Transportation (TxDOT) to push truck traffic from SH 146 to SH 99. Council Member Powell believed rezoning to Light Industrial(LI) would put more trucks in that area. Thus, he did not want to move forward with the annex. Council Member Lester requested clarification on what Council would approve. Planning and Development Director Martin Scribner replied it was a standard Services Agreement the City did for annexations.The Agreement stated the City would merely provide services to that property. Mr. Scribner assured there were no commitments other than providing them those services. City Council Regular Meeting Minutes October 13,2022 Page 12 of 28 Council Member Powell clarified the property would then not be annexed as a part of the Services Agreement. It was just a step in the annexation.Mr. Scribner confirmed that was correct. He further reminded Council, upon annexing, the property would come in as Open Space Recreation (OR). The property owner could not do anything on the site, and Council could look at the rezone and figure out where to go from there. Staff would have much more detail for Council at that time. Council Member Powell preferred not to annex the property and then have issues with the rezone. A motion was made by Council Member Jacob Powell and seconded by Council Member Chris Presley to approve Ordinance No. 15,221, related to Item 8.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,221 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 SERVICES AGREEMENT WITH DCB JOINT VENTURE NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. JENKINS PARK AND HOLLOWAY PARK PERFECT TRAIL PROJECT a. Receive a presentation on the What3Words App that will assist citizens in providing their location when requesting Emergency Services in the City of Baytown. Communications Manager Roderick Jackson shared the City had another tool available to citizens when they were in need of emergency services. The tool was the What3Words App which was a great way to share precise locations. The app divided the world in to a gird of ten-foot squares and gave each square a unique combination of three random words. Those words were called a What3Words address that citizens could provide 911 operators. Traditionally, operators would know a caller's location,but not their exact location. The app would give operators the location of a caller's handset device. Another use for the app was for search and rescues. Communications collaborated with Parks and Recreation on a project to help citizens in their park systems. The app worked on Android and iOS, as well as offline, and made for quicker response times. In regards to the Jenkins Park Perfect Trail Project, Parks Planner Cornell Gordon presented the system their two departments developed. He handed Council a sign with a QR code that citizens would scan at the park. The app, as mentioned,would allow citizens to be located in an emergency situation. Part of their departments' collaboration was installing identification markers, and Jenkins Park did currently have color-coded poles. Mr. Gordon noted that had been the first phase City Council Regular Meeting Minutes October 13,2022 Page 13 of 28 of their collaboration: to locate where citizens were on the trail. The second and final phase of the plan was to add additional lighting which would be incorporated in their color-coded system. Council Member Betancourth questioned if the QR code was to be scanned once. Mr. Gordon confirmed that was correct. Once citizens downloaded the app, it was on their phone and could be used when needed. Council continued to ask questions to further clarify how the process would work. Citizens without the app could instead provide 911 operators the color of a nearby pole to identify where they were on a trail. In regards to the timeline, Parks already ordered the signs that should arrive within the next few weeks. The installation would happen around Thanksgiving. b. Consider an ordinance authorizing the Trail Lighting Agreement for installation of electrical wiring and associated equipment for the Cary Bayou Holloway Trail Lighting Project with McKinstry Essention, LLC, through the Texas Local Government Purchasing Cooperative Omnia Partners. Parks Planner Cornell Gordon open the item stating Staff would like Council to consider the Purchase Agreement with McKinstry. The Agreement was for the electrical lighting and conduit support for the Holloway Trail that connected to Jenkins Park. Mr. Gordon explained it was the final lighting closure for their Perfect Trail Project throughout that park system. A motion was made by Council Member Jacob Powell and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,222, related to Item 9.b. However, there was discussion prior to the vote. Council Member Alvarado questioned if the City would own the lights or would CenterPoint? Mr. Gordon answered they would be the City's lights. She further inquired if there were cost savings to own them versus the alternative. Mr. Gordon replied all infrastructure for lighting within their parks were owned by their parks system. Council Member Lester also wondered if they had looked at cost savings as far as moving to solar lighting. Mr. Gordon shared they had looked at the solar option within the wooded stretch, but the coverage would block it from getting true amperage. Parks and Recreation Director Clifford Hatch additionally noted they were able to put in lower lighting so it would not cast in to the backyards along the trail. Council Member Powell expressed his appreciation for that. Mr. Hatch proceeded to explain the Perfect Trail Project was a pilot program to see what the City liked and disliked. Thus, Parks purposefully mixed solar, wind, and electrical lights with different heights and colors. Every time they brought on a new element, a QR code was put out at the park to go to Baytown Engage and take a survey. With that, Parks could continue to move those products to other parks and trail systems. Council Member Betancourth inquired over the feedback on those surveys. Mr. Hatch relayed they received a lot of feedback for the wind and solar energy lights. It was almost all positive,but some people had noticed the lights were spaced a bit too far apart. Consequently, it was a little dark at night. After the installation of the lights and the 911 markers, Council Member Betancourth questioned what would be left of the program. Mr. Gordon reiterated they had ordered the wayfinding signs and were waiting on the company. Currently, Parks was working on getting the estimates for new signs, at Jenkins, with that Corten Steel look. The City would work with that same person to develop their other signs. Mayor Capetillo complimented the look of the new Jenkins sign. City Council Regular Meeting Minutes October 13,2022 Page 14 of 28 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. 15,222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY- FIVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($285,500.00) TO MCKINSTRY ESSENTION, LLC, FOR THE INSTALLATION OF ELECTRICAL WIRING AND ASSOCIATED EQUIPMENT FOR THE CARY BAYOU HOLLOWAY TRAIL LIGHTING PROJECT, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH OMNIA PARTNERS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. PROPOSED REQUIREMENT TO MICROCHIP CATS AND DOGS WITHIN THE CITY OF BAYTOWN a. Discuss amending Chapter 14 "Animals," Article I, "In General," of the Code of Ordinances, City of Baytown, Texas, to add Sec. 14-9, "Microchip required," requiring the owner of any dog or cat kept within the corporate limits of the City of Baytown to have the animal implanted with a microchip and registered with a microchip registry. Mayor Capetillo announced the citizen, Mr. Byron Schirmbeck, signed up to speak on the item. (Zoom) Mr. Schirmbeck was concerned on the ordinance that imposed a new fee on homeowners, and questioned what it was trying to accomplish. He acknowledged the City's problem with feral cats and dangerous dogs. However, he questioned how forcing somebody to have their animals chipped would address those problems. How would it be enforced? Did the City expect veterinarians to turn in people that did not have their animal chipped? Mr. Schirmbeck further shared his projections of the unintended consequences with the way the ordinance was written. The notes on the agenda item said the penalty would not exceed $500, but that was not in the ordinance.Mr. Schirmbeck proceeded to cite the City Charter and noted Animal Control was under public health and sanitation. Thus, an overzealous employee could issue up to a$2,000 fine. Mayor Capetillo announced the citizen, Mr. David Isaac, had also signed up to speak on the item. (Zoom) After voicing his concerns on the procedures with citizen speakers, Mr. Isaac discussed over the Animal Control Advisory Committee Meeting where they ideated the law. The most City Council Regular Meeting Minutes October 13,2022 Page 15 of 28 troubling thing on the ordinance to Mr. Isaac was that it did not have any punitive measures. He stressed that needed to be added as he understood the City was trying to alleviate the problems previously mentioned. Instead of investing on publicizing a new ordinance, however, the City could spend that money to educate the public on microchipping and neutering. It was an infringement on their liberties, so he requested the matter be addressed by not punishing people. Health Director Tony Gray introduced the proposed microchip ordinance for cats and dogs which the Animal Control Advisory Committee had worked on the matter over the past year. On September 15, the Committee approved the draft presented to Council and unanimously decided to propose it for adoption. Mr. Gray proceeded to introduce Committee Chairperson Ellen Holloway and Committee Member Dr. Francisco Alvarez. Dr. Alvarez first clarified veterinarians would never enforce any kind of public rule. State law required all animals to have rabies vaccinations, yet some of his clients declined the vaccine. He emphasized that was not for him to report. The goal of the ordinance was to make individual citizens responsible for their pets. It was a way to identify animals and the associated owner. As the microchip would be linked to a phone number and address, an individual would receive the appropriate consequences for an animal running at large. Dr. Alvarez lastly assured the microchip process was simple and inexpensive. Ms. Holloway asserted the Committee had not gone in to the matter lightly and tried to make a decision that would work for everyone. On social media, animals were often posted as lost and without a microchip and collar. Ms. Holloway reasoned microchipping would help with that. Also, animal control officers would return animals to their owners without taking them to the animal control building. As far as costs and the inconvenience, she shared several animal welfare groups had offered to put events together for free and inexpensive microchipping. With regard to notifying citizens, the Committee talked about it in July and thought they would have six months to ask citizens to get their animals done. Since the matter was currently being looked at, Ms. Holloway requested January 1st to be considered. The Committee's intent was to help keep animals safe and with their families. A free chip registry was available to the public and to animal control officers. Assistant City Attorney Jerris Mapes, also the legal advisor for the Committee, addressed the concerns raised on fees. Any fine associated with the matter was stipulated in the ordinance, itself, with each individual offense. It did not state the fee along each line. Ms. Mapes clarified it was stated once in the ordinance. With regards to public safety,there was clear guidance from the State on what was considered public safety where it could be raised to a possible$2,000 fine. Ms. Mapes assured their ordinance did not qualify for that, so there was no risk of that being raised. Council Member Lester commended the Committee as microchipping was a tough subject. On the issue of dumped animals, if microchipped, the City could hold those folks to be more accountable and responsible. As far as fines and penalties, he clarified that code was not about being punitive. It was about trying to help and fix the issue of stray animals never being returned. State law required veterinarians to provide tags, so he predicted most cities would require microchips. He further predicted the State would shift because it was as easy to chip as it was to print a tag. Also, tags came off and wear out. Microchips would help veterinarians in the long run. Council Member Lester relayed there may be issues Council would need to further discuss on the details of the ordinance. Regardless, the City needed to start somewhere and the ordinance was a good first step. City Council Regular Meeting Minutes October 13,2022 Page 16 of 28 Council Member Powell questioned if the City had any microchipping requirements currently. Mr. Gray replied the City microchipped animals that were not reclaimed and adopted out for a$10 fee. Council Member Powell further questioned if someone came to claim their pet,did the City require microchipping for the animal to be returned? Mr. Gray answered not on the first time, but on the second time it was required. Council Member Powell additionally inquired over the percentage of animals that were picked up and microchipped. Mr. Gray estimated about 10%. With that said, Council Member Powell believed microchipping was something a responsible pet owner should do. However,he did not know if that was the City's responsibility to force them to be responsible. Council Member Betancourth understood the intent of the ordinance was to identify if a pet that was picked up had an owner or not.Microchips were a way to categorize animals. If microchipped, the owner could be held responsible. If the animal was not microchipped, it would be categorized as unknown and possibly put up for adoption or trapped, neutered, and released(TNR). The intent was not to raid people's houses to see if their pets had microchips, nor for cops to pull people over to ask if their pet was chipped. It was for Animal Control to determine if an animal was owned. Dr.Alvarez confirmed that was correct and listed a few benefits to passing the ordinance. On costs, it was not an issue for Council Member Betancourth as Council could consider funding that.There were also a lot of private dollars that could pay for the microchipping. In fact, Petco and PetSmart had brought no-cost microchipping events to Baytown which Council could encourage more of. With regard to not requiring microchips the first time a pet was claimed, Council Member Betancourth wondered if the ordinance would change that. Section 14-9 (e) of the ordinance read "All dogs or cats that are processed... shall be microchipped prior to being released... " She interpreted that to mean, even on the first time, pets would be microchipped before going back to the owner. If that were the case, she would be in favor. Ms. Mapes verified that had been the intent and citizens could choose to have their vet do it. The City did not want to release animals without a microchip or without proof that the animal would be microchipped. Council Member Betancourth clarified that would apply even on the first time which Ms. Mapes confirmed so. Mayor Pro Tern Johnson thanked the Committee for their time and effort. He believed the ordinance was a great thing and hoped it would pass. Council Member Presley, likewise, commended the Committee. While he did not know of every nuance and detail,he recognized and appreciated their hard work. Council Member Alvarado echoed the sentiment, yet expressed doubts on having that requirement for everyone. When they built the facility, Council mentioned putting in a classroom to educate pet owners on being responsible. She wondered whether there had been any classes yet. Mr. Gray replied there had not. The goal,once the ordinance passed,was to have an educational campaign to get compliance through education. Their intent was to get as many animals microchipped to relieve the shelter from being overcrowded. Thus, Mr. Gray assured they would utilize that room in the future. Council Member Alvarado preferred there to be classes for pet owners, and believed they needed more time before requiring people to microchip. She also heard of organizations wanting to microchip for free and encouraged that to be continued. At that time, Council Member Alvarado was not in favor of the requirement to microchip. Mayor Capetillo agreed with Council Member Lester, and inquired over the average cost of microchipping commercially. Dr. Alvarez replied his clinic charged $35 and most clinics did not market that up. With there being animal advocates for microchipping events, Mayor Capetillo recommended the ordinance to pass so they could get those organizations involved. As the City City Council Regular Meeting Minutes October 13,2022 Page 17 of 28 had citizens that Council appointed to the Committee, the Mayor trusted and leaned on their judgment. On the punitive measures, he inquired if there was anything statutorily that required them to establish those levels of fines. He had reservations on their ability to fine someone for $500 or $2,000, and proposed the fine to be around the cost of microchipping. Nevertheless, he supported the intent to get animals microchipped. Ms. Mapes responded the $500 came from a state-mandated cap and was only meant to be a cap. Rarely did the City's fines ever go to that. Council could set that fine as they wished under $500 and could be made part of the ordinance. Mayor Capetillo wished the fine would not exceed the cost of microchipping, such as $35 or$50. Moreover,Mayor Capetillo agreed with Council Member Alvarado on education and inquired over an appropriate grace, or education, period. Ms. Holloway replied the Committee discussed giving the public six months to comply. With animal welfare groups offering to do events,the City could get the information out and use those six months to have the events. However, the Committee discussed that in July. As they were now in the holiday season, that may interfere with people's ability to take care of that. Mayor Capetillo proposed an educational period of no less than six months. He requested Mr. Gray to handle that and work with Public Affairs to get the word out. Council further deliberated over fines. Ms. Mapes suggested the City could have a policy. For example, if a citizen provided proof of intent to microchip within a certain amount of time, then the fine could be dismissed. Mayor Capetillo supported that. Council Member Lester indicated the court would set the fines and policy to allow a judge to make those decisions. He also agreed with the Mayor's request to Mr. Gray and suggested that be set for July 1, 2023. After July, if animals did not have a chip and were claimed, they would get a ticket. While he understood they could not legislate responsibility, he advocated they make it uncomfortable for irresponsible pet owners. Council Member Alvarado countered the City did not need an ordinance before they start to educate and have free microchipping programs. Council Member Presley agreed with her. Mayor Capetillo proceeded to clarify the consensus of Council. With the educational period, Council agreed with July 1, 2023. On the fee structure, Mayor Capetillo settled they keep that as a policy and not be put in the ordinance. When asked if the Committee supported the suggestions of Council, Ms. Holloway replied any forward movement would be appreciated. b. Consider an ordinance amending Chapter 14 "Animals," Article I, "In General," of the Code of Ordinances, City of Baytown, Texas, to add Sec. 14-9, "Microchip required," requiring the owner of any dog or cat kept within the corporate limits of the City of Baytown to have the animal implanted with a microchip and registered with a microchip registry. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,223, related to Item 10.b., with the effective date of July 1, 2023. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, and Council Member Mike Lester Nays: Council Member Laura Alvarado, Council Member Chris Presley, and Council Member Jacob Powell City Council Regular Meeting Minutes October 13,2022 Page 18 of 28 Approved ORDINANCE NO. 15,223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AMENDING CHAPTER 14"ANIMALS,"ARTICLE I"IN GENERAL," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ADD SECTION 14-9 "MICROCHIP REQUIRED," TO REQUIRE THE OWNER OF ANY DOG OR CAT KEPT WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN TO HAVE THE ANIMAL IMPLANTED WITH A MICROCHIP AND REGISTERED WITH A MICROCHIP REGISTRY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. PROPOSED ORDINANCE a. Consider an ordinance authorizing execution of Amendment 1 to Advance Funding Agreement with the State of Texas through the Texas Department of Transportation for the Garth Road Improvements Project from I-10 to just south of Archer Road. Public Works and Engineering Director Frank Simoneaux relayed Council would consider an ordinance for the first amendment of the Advance Funding Agreement with the Texas Department of Transportation(TxDOT). The City entered in to the original agreement for Garth Road in 2016 which covered I-10 to SH-146. However, it did not reflect the true scope of work required nor accurate cost estimates. Staff negotiated with TxDOT and the Houston-Galveston Area Council (H-GAC) to change that scope of work and increase funding. The revised project had been presented to Council with the approval of a design contract in November 2020 and a flyover presented during a Work Session last year. The amendment revised the scope of work from I-10 past Archer Road. It also made the City responsible for all design, right-of-way acquisition, and environmental costs. The costs had been included in other Council actions which had passed. Staff would bring an item for the roadway right-of-way budget soon and recommended approval. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,224, related to Item 11.a. However, there was discussion prior to the vote. Mayor Pro Tern Johnson discussed over Connally, Sheppard, and Thomas Road along with the intersection of Garth Road and Cedar Bayou Lynchburg. A study was done to show the effects the construction of Garth would have on those streets. Mayor Pro Tern Johnson was told he would have that in a couple of weeks and questioned if staff made any progress on that. Mr. Simoneaux did not have that information that night. Once staff had that analysis, Mayor Capetillo requested that to be forwarded to all of Council. With no further questions, Council proceeded with the vote. 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 City Council Regular Meeting Minutes October 13,2022 Page 19 of 28 Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,224 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 FIRST AMENDMENT TO THE ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DESIGN OF ROADWAY IMPROVEMENTS TO WIDEN GARTH ROAD FROM 1-10 TO SH-146 FROM FOUR TO SIX LANES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. CONSENT Before entertaining the motion to approve the Consent Agenda, Mayor Capetillo announced a citizen, Mr. Davis Isaac, had signed up to speak on Item 12.e. (Zoom) Mr. Isaac requested Council reconsider the TSE Entertainment contract. He commended the City for letting the community vote on the July 3rd and July 4th acts. However,Mr. Isaac argued there were many other companies that could provide high-level talent and artists. The City could have a super show, of some sort,with the budget they were giving. Thus,he requested Council not to hire TSE and look at other contracts. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 12.a. through 12.t., with the exception of Items 12.b. and 12.e. that were pulled for discussion. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance authorizing Change Order No. 9 for the Baytown Animal Shelter and Adoption Services Project between the City of Baytown and Construction Masters of Houston LLC. City Council Regular Meeting Minutes October 13,2022 Page 20 of 28 ORDINANCE NO. 15,225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 9 TO THE ANIMAL SHELTER AND ADOPTION SERVICES PROJECT WITH CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND EIGHT HUNDRED EIGHTY-FOUR AND 44/100 DOLLARS ($20,884.44); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the conveyance of a right-of-way easement to Air Liquide Large Industries U.S. LP. A motion was made by Council Member Heather Betancourth and seconded by Council Member Jacob Powell to approve Ordinance No. 15,243, related to Item 12.b. The vote was as follows: Ayes: 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 Other: Mayor Brandon Capetillo (Abstained) Approved ORDINANCE NO. 15,243 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CONVEYANCE OF A RIGHT-OF-WAY EASEMENT TO AIR LIQUIDE LARGE INDUSTRIES U.S. LP; AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT-OF-WAY AGREEMENT WITH AIR LIQUIDE LARGE INDUSTRIES U.S. LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance repealing Ordinance No. 14,852, which authorized the purchase of six (6) Ford F-150 Crew Cabs; thirteen (13) F-250 Crew Cabs; one (1) F-350 Regular Cab; and one (1) F-350 Crew Cab, for a total of twenty-one (21) Ford trucks from Silsbee Ford, through GoodBuy Purchasing Cooperative, for the Public Works and Engineering Department and the Planning and Development Services Department. ORDINANCE NO. 15,226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 14,852, WHICH AUTHORIZED THE PURCHASE OF SIX (6) FORD F-150 CREW CABS; THIRTEEN (13) F-250 CREW CABS; ONE (1) F-350 REGULAR CAB; AND ONE (1) F-350 CREW City Council Regular Meeting Minutes October 13,2022 Page 21 of 28 CAB, FOR A TOTAL OF TWENTY-ONE (21) FORD TRUCKS, FROM SILSBEE FORD, THROUGH GOODBUY PURCHASING COOPERATIVE IN THE AMOUNT OF SEVEN HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED TWENTY AND 50/100 DOLLARS ($725,120.50) FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT AND THE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY-ONE THOUSAND SIXTY-FOUR AND 25/100 DOLLARS ($481,064.25) TO SILSBEE FORD INC., THROUGH GOODBUY PURCHASING COOPERATIVE, FOR THE PURCHASE OF TWELVE (12) F- 250 CREW CABS;ONE(1)F-350 REGULAR CAB;AND ONE(1)F-350 CREW CAB FOR THE PUBLIC WORKS/ENGINEERING DEPARTMENT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY-NINE THOUSAND THIRTY-NINE AND 48/100 DOLLARS($279,039.48)TO FRIENDLY FORD FOR THE PURCHASE OF SIX (6) FORD F-150 CREW CABS; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FORTY-SEVEN THOUSAND FIVE HUNDRED SIXTEEN AND 67/100 DOLLARS ($47,516.67) TO BAYTOWN FORD FOR THE PURCHASE OF ONE (1) F-150 CREW CAB; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the operation of the Ice Rink at Town Square. ORDINANCE NO. 15,227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE OPERATION OF THE ICE RINK AT TOWN SQUARE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the City Manager to negotiate contracts with TSE Entertainment for musical and emcee performances for the City of Baytown's July 3rd and 4th Celebration,Juneteenth, Grito Fest, Brown Bag Lunch and other events in FY2023. Council Member Alvarado questioned how long the City had been with TSE Entertainment. Parks and Recreation Director Clifford Hatch answered at least fifteen years. Council Member Alvarado additionally inquired if the City ever bid or just used TSE every year. As it was a professional service, Mr. Hatch replied they did not bid on it. He further discussed the value TSE brought to the City. Mayor Capetillo shared he had not heard any negative aspects to using TSE nor heard of any entertainer complaints. Thus, he suggested Council to consider the contract. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Charles Johnson to approve Ordinance No. 15,242, related to Item 12.e. The vote was as follows: City Council Regular Meeting Minutes October 13,2022 Page 22 of 28 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. 15,242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH TSE ENTERTAINMENT FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF BAYTOWN'S JULY 3RD AND 4TH CELEBRATION, JUNETEENTH, GRITO FEST, BROWN BAG LUNCH AND OTHER EVENTS IN FY2023; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($305,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance awarding the Annual Janitorial Supplies contract to Great Southwest Paper Company, Inc. ORDINANCE NO. 15,228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GREAT SOUTHWEST PAPER COMPANY, INC.,FOR THE ANNUAL JANITORIAL SUPPLIES CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY-FIVE THOUSAND AND NO/100 DOLLARS ($85,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of one (1) 2023 Ford transit T350 HR Cargo van and related equipment from Rockdale Country Ford, through Buy Board, for the Police Department. ORDINANCE NO. 15,229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-ONE THOUSAND EIGHTEEN AND NO/100 DOLLARS ($91,018.00) TO ROCKDALE COUNTRY FORD D/B/A CALDWELL COUNTRY, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), City Council Regular Meeting Minutes October 13,2022 Page 23 of 28 FOR THE PURCHASE OF ONE (1) 2023 FORD TRANSIT T350 HR CARGO VAN AND RELATED EQUIPMENT FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of nineteen (19) Chevrolet vehicles, related emergency equipment and installation from Caldwell Country Chevrolet, through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 15,230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE MILLION FOUR HUNDRED FIFTEEN THOUSAND SIX HUNDRED SIXTY-ONE AND NO/100 DOLLARS ($1,415,661.00) TO CALDWELL COUNTRY CHEVROLET, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF NINETEEN (19) CHEVROLET VEHICLES AND RELATED EMERGENCY EQUIPMENT WITH INSTALLATION FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the purchase of four (4) Dodge vehicles and related emergency equipment with installation from Grapevine Dodge Chrysler Jeep LLC., through the Texas Local Government Purchasing Cooperative (BuyBoard), in the amount of$206,595 for the Police Department. ORDINANCE NO. 15,231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED SIX THOUSAND FIVE HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($206,595.00) TO GRAPEVINE DODGE CHRYSLER JEEP LLC, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF FOUR (4) DODGE VEHICLES AND RELATED EMERGENCY EQUIPMENT WITH INSTALLATION FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the purchase of twenty-two (22) Motorola APX6500 radios and related equipment from Motorola Solutions, Inc., through Houston- Galveston Area Council(H-GAC). ORDINANCE NO. 15,232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-THREE THOUSAND City Council Regular Meeting Minutes October 13,2022 Page 24 of 28 FOUR HUNDRED FIFTY-TWO AND 63/100 DOLLARS ($83,452.63) TO MOTOROLA SOLUTIONS, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWENTY-TWO (22) MOTOROLA APX6500 RADIOS AND RELATED EQUIPMENT FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the award of the HIDTA (High Intensity Drug Trafficking Area) PowerEdge R750 Server System from Dell Marketing LP, using a DIR contract for the Police Department. ORDINANCE NO. 15,233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-FIVE THOUSAND THREE HUNDRED FORTY-NINE AND 71/100 DOLLARS ($55,349.71) TO DELL MARKETING, LP, FOR THE PURCHASE OF A POWEREDGE R750 SERVER SYSTEM FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance awarding an Annual Contract for as-needed medical supplies to Bound Tree Medical, Inc.,through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 15,234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-FIVE THOUSAND TWO HUNDRED THIRTY AND 93/100 DOLLARS ($85,230.93) TO BOUND TREE MEDICAL, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE ANNUAL MEDICAL SUPPLIES CONTRACT FOR THE FIRE DEPARTMENT FOR EMERGENCY MEDICAL SERVICES AND MULTIPLE OTHER CITY DEPARTMENTS FOR MEDICAL SUPPLIES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing the purchase of one (1) 2023 Pierce Velocity Pumper Truck from Siddons Martin Emergency Group, LLC, for the Fire Department through the Houston-Galveston Area Council. ORDINANCE NO. 15,235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINE HUNDRED THIRTY- City Council Regular Meeting Minutes October 13,2022 Page 25 of 28 TWO THOUSAND ONE HUNDRED FIFTEEN AND NO/100 DOLLARS ($932,115.00) TO SIDDONS MARTIN EMERGENCY GROUP, LLC, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2023 PIERCE VELOCITY PUMPER TRUCK FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing the annual license renewal and software support with Governmentjobs.com, Inc., d/b/a NEOGOV, for NEOGOV software. ORDINANCE NO. 15,236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF EIGHTY THOUSAND ONE HUNDRED THIRTY AND 78/100 DOLLARS ($80,130.78) TO GOVERNMENTJOBS.COM, INC., D/B/A NEOGOV, FOR THE ANNUAL LICENSE RENEWAL AND SOFTWARE SUPPORT FOR NEOGOV SOFTWARE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City of Baytown's property and casualty insurance. ORDINANCE NO. 15,237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED FORTY-THREE THOUSAND ONE HUNDRED SEVENTY-SIX AND NO'100 DOLLARS ($1,543,176.00) FOR THE ANNUAL PROPERTY AND CASUALTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage with MidWest Employers Casualty Company. ORDINANCE NO. 15,238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S City Council Regular Meeting Minutes October 13,2022 Page 26 of 28 WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2023; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND TWO HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($150,265.00) FOR THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing an Industrial District Agreement with Home Depot U.S.A., Inc. ORDINANCE NO. 15,239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HOME DEPOT U.S.A., INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing an Industrial District Agreement with Suez WTS Services USA, Inc. f/k/a GE Mobile Water, Inc. ORDINANCE NO. 15,240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH SUEZ WTS SERVICES USA, INC. F/K/A GE MOBILE WATER, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. s. Consider an ordinance authorizing an interlocal agreement for cooperative purchasing with the City of Webster. ORDINANCE NO. 15,241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF WEBSTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. This resolution authorizes the City Manager to submit an application for funding to the Texas General Land Office's FY2023 Local Hazard Mitigation Plans Program on behalf of Emergency Management. RESOLUTION NO. 2,802 City Council Regular Meeting Minutes October 13,2022 Page 27 of 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR FUNDING IN THE AMOUNT OF SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00) TO THE TEXAS GENERAL LAND OFFICE'S (GLO) COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION (CDBG-MIT) LOCAL HAZARD MITIGATION PLANS PROGRAM (LHMPP) ON BEHALF OF EMERGENCY MANAGEMENT AND ACCEPT ANY RESULTING AWARD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 13. MANAGER'S REPORT City Manager Rick Davis opened his report with compliments to Parks and Recreation for Grito Fest. He further announced Oktoberfest by the Arts, Culture, and Entertainment (ACE) District would be on October 15, 2022, 5:00 P.M. at Town Square. Assistant City Attorney Jerris Mapes then wished to introduce new Assistant City Attorney Jamilah Way and welcomed her on board. With his seeded time, Council Member Presley discussed Texas Avenue and downtown's revitalization. As Town Square was once boarded-up buildings, he was satisfied to see all the events that went on down there. People visited voluntarily, spent money, and enjoyed themselves. Council Member Presley expressed his pride for that, yet was disappointed that he could not speak earlier. He noted the law stipulated he could be granted a point of personal privilege at any time to speak. Thus, he was disappointed at the dais and appreciated Mr. Davis for yielding time. 14. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Heather Betancourth regarding District No. Four projects and programs. As there were many public hearings that night about developments in District 4, Council Member Betancourth would not recap on those and encouraged citizens to look up their progress on Baytown Engage.Not discussed,however,was a development proposed off of Hunt Road that was currently vacant land. A developer was looking to build multifamily similar to what Council approved last year off of Santavy Street and San Jacinto Boulevard. She explained there would be some single-family residences, duplexes, or garden homes which was also on Baytown Engage. 15. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.074 of the Texas Government Code to seek the advice of the City's attorney(s)regarding recruitment for the City of Baytown's City Manager position. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071(02) to consult with the City's attorney, and/or Section 551.087 to deliberate regarding economic development negotiations. At 8:48 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to: City Council Regular Meeting Minutes October 13,2022 Page 28 of 28 1) Sections 551.071 and 551.074 of the Texas Government Code to seek the advice of the City's attorney(s) regarding recruitment for the City of Baytown's City Manager position; and 2) Section 551.071(02) of the Texas Government Code to consult with the City's attorney, and/or Section 551.087 to deliberate regarding economic development negotiations. At 9:20 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. 16. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the October 13, 2022, City Council Regular Meeting at 9:20 P.M. (p� ®yg H®t,4•., Angela Ja son, _J 1 ; "i City of Baytown *1 /'� fk J • �MO/ilRf1NC ut-