2022 11 22 CC Minutes MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
November 22, 2022
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
November 22, 2022, at 6:34 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market
Street, Baytown, Texas with the following in attendance:
Laura Alvarado Council Member
Chris Presley Council Member
Charles Johnson Mayor Pro Tern
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 November 22, 2022, City Council Regular Meeting with a quorum
present at 6:34 P.M. All members were present with the exception of the absence of Council
Member Heather Betancourth.
The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Lester.
1. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Sections 551.071 and
551.087 of the Texas Government Code to consult with the City's attorney(s), and deliberate
regarding economic development negotiations.
At 6:36 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to
Sections 551.071 and 551.087 of the Texas Government Code to consult with the City's
attorney(s), and deliberate regarding economic development negotiations.
At 7:11 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.
2. CHAPTER 212 AGREEMENT WITH EXXONMOBIL
a. Consider an ordinance removing certain property from Industrial District No. 1.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris
Presley to approve Ordinance No. 15,264, related to Item 2.a. The vote was as follows:
City Council Regular Meeting Minutes
November 22,2022
Page 2 of 26
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(Absent)
Approved
ORDINANCE NO. 15,264
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REMOVING CERTAIN PROPERTY LOCATED WITHIN THE CITY
OF BAYTOWN'S EXTRATERRITORIAL JURISDICTION FROM BAYTOWN
INDUSTRIAL DISTRICT NO. 1; REPEALING CONFLICTING
ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing a Chapter 212 Agreement with ExxonMobil.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,265, related to Item 2.b., subject to the legal
recommendations discussed in Executive Session. 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(Absent)
Approved
ORDINANCE NO. 15,265
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 A CHAPTER 212 AGREEMENT
WITH EXXON MOBIL CORPORATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
3. ELECTION CANVASS
a. Canvass the returns of the City of Baytown's November 8,2022, General Election.
City Council Regular Meeting Minutes
November 22,2022
Page 3 of 26
Mayor Capetillo canvassed the City of Baytown's Municipal Election held on November 8,2022.
The tabulation of the total votes each candidate received for Council Member of Districts 2 and 3
were as follows:
Total Ballots Cast 4,210
Total Provisional Ballots 23
Total Number of Registered Voters 13,412
Total Percentage of Voter Turnout 31% _ _ _
DISTRICT 2
Ms. Sarah Graham Mr.Michael Emmanuel
Mailed in Ballots 36 Mailed in Ballots 24
Early Voting 381 Early Voting 283
Election Day 284 Election Day 173
Early Voting-Provisional 1 Early Voting-Provisional 3
Election Day-Provisional 3 Election Day-Provisional 3
Total Votes 705 Total Votes 486
59.19% 40.81%
DISTRICT 3
Mr. Ken Griffith Mr. Charles Johnson
Mailed in Ballots 44 Mailed in Ballots 70
Early Voting 794 Early Voting 777
Election Day 448 Election Day 365
Early Voting-Provisional 2 Early Voting-Provisional 6
Election Day-Provisional 1 Election Day-Provisional 4
Total Votes 1,2.89 _ Total Votes 1,222
51.33% 48.67%
Total Mailed in Ballots 174
Total Early Votes 2,235
Total Election Day Votes 1,270
Total Early Votes -Provisional 12
Total Election Day Votes-Provisional 11
Total Votes 3,702
DISTRICT 2—PRECINCTS
Precinct Ms. Sarah Graham Mr.Michael Emmanuel Total Votes
Precinct 99 156 134 290
Precinct 100 186 98 284
Precinct 248 194 185 379
Precinct 533 169 69 238
Precinct 1,155 0 0 0
Total Votes 705 486 1,191
City Council Regular Meeting Minutes
November 22,2022
Page 4 of 26
DISTRICT 3—PRECINCTS
Precinct Mr.Ken Griffith Mr. Charles Johnson Total Votes
Precinct 13 545 426 971
Precinct 103 and 387 0 0 0
Precinct 456 67 49 116
Precinct 739 265 353 618
Precinct 740 8 28 36 _
Precinct 820 239 227 466
Precinct 825 142 104 246
Precinct 1,107 22 35 57
Precinct 1,108 1 0 1
Total Votes 1,289 1,222 2,511
b. Consider a resolution declaring the results of the City of Baytown General Election
held on Tuesday,November 8, 2022.
A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris
Presley to approve Resolution No. 2,805, related to Item 3.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 (Absent)
Approved
RESOLUTION NO. 2,805
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL
ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 8TH DAY OF
NOVEMBER, 2022, FOR THE PURPOSES OF ELECTING COUNCIL
MEMBERS FOR COUNCIL DISTRICTS TWO (2) AND THREE (3) OF THE
CITY OF BAYTOWN; FINDING THAT NOTICE OF THE MUNICIPAL
ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE
BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
4. MINUTES
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris
Presley to approve the minutes of Items 4.a. and 4.b., as submitted. The vote was as follows:
City Council Regular Meeting Minutes
November 22,2022
Page 5 of 26
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(Abstained)and Council Member Heather
Betancourth (Absent)
Approved
a. Consider approving the minutes of the City Council Regular Meeting held on October
13, 2022.
b. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on October 27, 2022.
5. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize City of Baytown Employees for their Years of Service.
Human Resources Director Carol Flynt presented the item and provided a video presentation of all
the individuals that received the Years of Service award for the month of November.
5 YEAR
Miriam Hernandez, Health, Administrative Supervisor
Jamaica Hairston, Fire, Firefighter
Ethan Lassetter, Fire, Firefighter
10 YEAR
Angel Puga, Police, Patrol Officer
Glenda Bruce, Records, Vital Statistics Specialist
15 YEAR
Lesley Kohles, Library, Lead Librarian
Jacqueline Carmona, Municipal Court, Senior Court Clerk
Jose Barbosa, Public Works, Traffic Control Specialist I/II/III
25 YEAR
Julie Escalante, Municipal Court, Judge
6. PROPOSED REZONING OF APPROXIMATELY 3.02 ACRES OF LAND
LOCATED AT 24 ASHLEYVILLE ROAD
a. Conduct public hearing concerning a request to amend the official zoning map to
rezone approximately 3.02 acres located at 24 Ashleyville Road,from a General Commercial
(GC) to a Medium Density Mixed Residential (MF1) Zoning District.
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November 22,2022
Page 6 of 26
At 7:31 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the
official zoning map to rezone approximately 3.02 acres located at 24 Ashleyville Road, from a
General Commercial (GC) to a Medium Density Mixed Residential (MF1) Zoning District.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing
as a rezone request. The property, as previously described, would be rezoned from GC to MF1.
The Planning and Zoning Commission held a public hearing in October and decided that neither
the Comprehensive Plan nor the Future Land Use Map supported a MF1 zoning in that location.
Both the Comprehensive Plan and the Future Land Use Map designated the property and all the
surrounding area as large-scale commercial.Thus, Staff and the Planning and Zoning Commission
recommended denial. However,the applicant was present and had prepared a presentation. Before
that, Mayor Capetillo announced a few individuals had signed up to speak on the public hearing.
Ms. Jacqueline Colbert, the applicant, was the first to speak and was yielded time by Mr. Ricardo
Williams and Ms.Andrea Barbosa. She introduced herself as the CEO of JC and Associates Global
and additionally introduced her partners present at the meeting. Ms. Colbert expressed their plan
focused on bridging the gap in housing needs and adding diverse types of housing in Baytown.
Their site plan consisted of twenty-three single-family homes (one detached and twenty-two
attached), a recreational center, and an extension to the road. While the Comprehensive Plan
designated the area for commercial, she made note of the residential properties there. Around 80%
to 90%of the residents, including the commercial tenants, signed on with JC and Associates to do
the plan. Ms. Colbert further spoke to emphasize Baytown's population growth and housing needs.
From the time JC and Associates last presented and were denied, there was a Comprehensive Plan
amendment approved by Council on October 27, 2022. The amendment supported the inclusion
of attached residential dwellings in MF1 which was what they aspired to do. Ms. Colbert displayed
images of the current state of the area and the renderings of their proposed development. She
discussed over the positive ripple effects their development would have on the neighborhood and
the housing issue in Baytown.The development met six out of the seven criteria and an amendment
was passed that allowed for flexibility. With that, Ms. Colbert requested Council join their efforts.
No other individual that signed up to speak on the hearing desired to provide further comments.
At 7:46 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official
zoning map to rezone approximately 3.02 acres located at 24 Ashleyville Road, from a General
Commercial (GC) to a Medium Density Mixed Residential (MF 1) Zoning District.
b. Consider an ordinance to amend the official zoning map to rezone approximately 3.02
acres of land located at 24 Ashleyville Road,from a General Commercial (GC) to a Medium
Density Mixed Residential(MF1) Zoning District.
Planning and Development Director Martin Scribner opened the item by relaying the statement
from the previous item about the addition of multifamily options in the large-scale commercial
category was correct. Staff evaluated that per their recommendation to the Planning and Zoning
Commission in October. One of the location criteria was that it had to have direct access to a
collector or arterial road. The road should open up right to North Main Street and Ashleyville did
not. Therefore, the proposal did not meet the Future Land Use Map. As Medium Density Mixed
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November 22,2022
Page 7 of 26
Residential (MF1)had a minimum of 15 units per acre, Council Member Presley questioned over
the number of units the applicant proposed. Mr. Scribner answered twenty-two plus a single-
family. With regard to the half-mile rule, Council Member Presley further inquired over any other
existing multifamily properties. Mr. Scribner used the City's GIS Mapping System online to
confirm there were two multifamily properties within a half-mile of the property in question.
Council Member Alvarado questioned if the proposed multifamily would have an onsite manager.
Ms. Jacqueline Colbert replied they intended to create a leasing office in addition to a recreational
center. Thus, someone would be available during normal business hours to attend to the needs of
residents. Council Member Alvarado clarified no one would actually live there in their current
plan, and Ms. Colbert confirmed so. On another note, Council Member Alvarado stated she did
not like having apartments connected to an artery road with single-family homes. In her District,
all the issues of a particular neighborhood were because of an apartment complex. Ms. Colbert
assured her the nine residentials and commercial businesses were in favor of their development.
She also wished for Council to consider the close proximity of Ashleyville Road to Main Street.
Furthermore, Council Member Alvarado mused over the idea of building single-family homes as
they had them in the Central Heights Neighborhood. In addition, she questioned if the plans
submitted fit the safety requirements for fire trucks or any other thing needed. Mr. Scribner replied
Staff would not have that kind of details until the development stage. For single-family residences,
Mr. Scribner stated that would also need a rezone. In looking at the Future Land Use Map, Staff
would not support that either. As the road in question was older, Council Member Lester inquired
over the width of the street. Mr. Scribner used Google Street View and determined the street was
relatively narrow. The curbs had deteriorated and there were no sidewalks. Nonetheless, Google
Street View showed two parked cars on the street that allowed for movement in between them.
Council Member Presley was opposed to large-scale multifamily, but the proposal was different
as there would only be twenty-two units. Also, those units would be lofts. He further relayed
commercial was tough there as an older business was recently not able to make it. Similarly, he
discussed how single-family residentials would be tough to sell at that location.Therefore,Council
Member Presley leaned in favor of the proposal. Council Member Powell and Council Member
Lester agreed. Mayor Pro Tern Johnson considered the businesses in that area and agreed that the
new traffic flow and beautifying the area would cause a positive ripple effect. As the proposal was
a low-density project,Mayor Capetillo believed that was the best use for that land and was in favor.
A motion was made by Council Member Jacob Powell and seconded by Council Member Chris
Presley to approve Ordinance No. 15,266, related to Item 6.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: Council Member Laura Alvarado
Other: Council Member Heather Betancourth(Absent)
Approved
City Council Regular Meeting Minutes
November 22,2022
Page 8 of 26
ORDINANCE NO. 15,266
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 3.02 ACRES LOCATED AT 24
ASHLEYVILLE ROAD, LEGALLY DESCRIBED AS TRACTS 5, 5D,AND 5E,
ABSTRACT NO. 709, J W SINGLETON, BAYTOWN, HARRIS COUNTY,
TEXAS, FROM A GENERAL COMMERCIAL (GC)ZONING DISTRICT TO A
MEDIUM DENSITY MIXED RESIDENTIAL (MF1) 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 ANNEXATION AND REZONING 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 Mayor Pro Tern Charles
Johnson to table Items 7.a. through 7.d. for 90 days. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 49.87 acres at 5814 N SH 146, the northeast corner of N SH 146 and
FM 1405, from Open space/Recreation (OR) & General Commercial (GC) to a Light
Industrial (LI) Zoning District.
b. Consider the second and fmal reading of an ordinance for the proposed annexation
of approximately 53.67 acres of land located at 5814 N SH 146,the northeast corner of N SH
146 and FM 1405.
c. Consider an ordinance adding the newly annexed properties generally described as
53.67 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405 into Council
District No. 5.
d. Consider an ordinance to amend the official zoning map to rezone approximately
49.87 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405 from Open
space/Recreation (OR) and General Commercial (GC) to a Light Industrial (LI) Zoning
District.
City Council Regular Meeting Minutes
November 22,2022
Page 9 of 26
8. PROPOSED ANNEXATION OF APPROXIMATELY 11.19 ACRES LOCATED
GENERALLY ALONG BLUE HERON PKWY BETWEEN BARKULOO AND CROSBY
CEDAR BAYOU RD
a. Conduct the first public hearing regarding the proposed annexation of approximately
11.19 acres,located generally along the south side of Blue Heron Parkway between Barkaloo
Road and Crosby Cedar Bayou Road.
At 8:03 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of
approximately 11.19 acres,located generally along the south side of Blue Heron Parkway between
Barkaloo Road and Crosby Cedar Bayou Road.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
The property, as previously described, would be annexed as Open Space/Recreation (OR) so the
applicant would later seek a rezone. Mr. Scribner relayed the property was right across the street
from a Medium Density Mixed Residential (MF 1) that was rezoned last year by that same owner.
As that area was having significant development pressure, Staff started to look at a master land
use plan for that entire area. Mr. Scribner estimated around January or February, Council would
see that request come through as a City-initiated item that would include the property in question.
However, the item was the first public hearing for the annexation, itself, which Staff
recommended.
At 8:05 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of
approximately 11.19 acres, located generally along the south side of Blue Heron Parkway between
Barkaloo Road and Crosby Cedar Bayou Road.
b. Consider an ordinance authorizing a Services Agreement with Barkaloo 55 Limited
for the proposed annexation of approximately 11.19 acres, located generally along the south
side of Blue Heron Parkway between Barkaloo Road and Crosby Cedar Bayou Road.
A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tem Charles
Johnson to approve Ordinance No. 15,267, related to Item 8.b. However, there was discussion
prior to the vote.
As it concerned the same developer, Council Member Presley questioned matters regarding the
property across the street that Council previously rezoned. Planning and Development Director
Martin Scribner noted the project had changed. With that, Council proceeded to discuss their
concerns regarding developers changing their projects after Council approved their rezone.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
City Council Regular Meeting Minutes
November 22,2022
Page 10 of 26
Other: Council Member Heather Betancourth(Absent)
Approved
ORDINANCE NO. 15,267
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 BARKULOO 55 LIMITED FOR THE PROPOSED
ANNEXATION OF APPROXIMATELY 11.19 ACRES, LOCATED
GENERALLY ALONG THE SOUTH SIDE OF BLUE HERON PARKWAY
BETWEEN BARKULOO ROAD AND CROSBY CEDAR BAYOU ROAD;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
9. BAYTOWN CROSSING EXPANSION TRACT AND MUD 213-A ANNEXATION
WITH FRIENDSWOOD DEVELOPMENT
a. Consider waiving the required 6-month period for reconsideration of a petition to
grant consent to the inclusion of 378.34 acres into Harris County Municipal Utility District
No. 213-A.
City Attorney Scott Lemond opened the item reciting Rule 6.1(c) of their Rules of Procedure. An
item may not be reconsidered by Council if it had been previously considered and voted on by
Council within the preceding six months unless Council waived the restriction by a majority vote.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris
Presley to waive the 6-month period of reconsideration for a petition to grant consent to the
inclusion of 378.34 acres in to Harris County Municipal Utility District No. 213-A. The vote was
as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
b. Consider a resolution granting consent to the inclusion of 378.34 acres into Harris
County Municipal Utility District No. 213-A.
A motion was made by Mayor Pro Tem Charles Johnson to and seconded by Council Member
Chris Presley to approve Resolution No. 2,806,related to Item 9.b. However,there was discussion
prior to the vote.
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November 22,2022
Page 11 of 26
Council Member Presley commented his confidence in the developer, and would thus be a
supporting vote. Mayor Pro Tem Johnson stated he was concerned with the City's growth north of
IH-10. Therefore, he believed granting consent would be a positive thing for the City. Council
Member Alvarado voiced her dislike of Municipal Utility Districts (MUDS) and advocated for
resident representation on their Board. However, as it was close to a Public Improvement District
(PID), she had changed her mind on the MUD in question. Mayor Capetillo also recognized
Friendswood Development had made enormous amounts of concessions that took away the
traditional aspects of their MUD. While he was opposed to ever creating that again in the City of
Baytown, Mayor Capetillo would support the concessions that had been made by the developer.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, and Mayor Pro Tem Charles Johnson
Nays: Council Member Jacob Powell and Council Member Mike Lester
Other: Council Member Heather Betancourth(Absent)
Approved
RESOLUTION NO. 2,806
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 378.34 ACRES OF
LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY
OF BAYTOWN, TEXAS, INTO HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 213-A; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Consider an ordinance authorizing the Second Amendment to the Development
Agreement with Friendswood Development Company.
City Manager Rick Davis relayed the item was for an amendment to include the property in
question. The item also committed the developer on 5% of their single-family residences to carry
a minimum lot frontage of seventy feet. In addition, the developer would be committed to invest
in a lift station.Mr. Davis noted there were other minor changes,but those were the major changes.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris
Presley to approve Ordinance No. 15,268, related to Item 9.c. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, and Mayor Pro Tern Charles Johnson
Nays: Council Member Jacob Powell and Council Member Mike Lester
Other: Council Member Heather Betancourth(Absent)
City Council Regular Meeting Minutes
November 22,2022
Page 12 of 26
Approved
ORDINANCE NO. 15,268
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 SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH
FRIENDSWOOD DEVELOPMENT COMPANY FOR THE DEVELOPMENT
OF AN ADDITIONAL 356.99 ACRES OF LAND ADJACENT TO THE
PROPERTY CURRENTLY SUBJECT TO THE DEVELOPMENT
AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
10. GARTH ROAD WIDENING PROJECT
a. Consider an ordinance authorizing Amendment No. 1 to the Professional Services
Contract with Kimley-Horn and Associates (KHA) for the design of the Garth Road
Widening Project.
Public Works and Engineering Director Frank Simoneaux presented the item. Council would
consider an ordinance to amend their contract with Kimley-Horn for their Garth Road Widening
Project. In November 2020, Council authorized a design contract with Kimley-Horn for Phases A
through E. At that time, the consultant started the final design of two construction packages for
Phases A and B. In August 2022, Mr. Simoneaux received notice that there were items required
for the project outside of the original scope of work. The majority of the costs identified were
related to easements and right-of-way acquisitions which the consultant was tasked to acquire.
The original scope of work included the concurrent acquisition of utility easements and the right-
of-way. However,because the roadway was federally funded,the City could not start the right-of-
way acquisition until they received environmental clearance. For there not to be an extended delay
of the project, Staff elected to start the utility easement acquisition separately. With that, the City
saved about a year of delay as they recently received that environmental clearance. The utility
easement acquisition was nearly complete, so the City could bid out the utility relocation soon.
Mr. Simoneaux further noted the other items outside of the original scope of work included:
• A Texas Department of Transportation (TxDOT) requirement to compare cost of storm
drainage design criteria for the City's versus TxDOT's;
• A flyover and sidewalk exhibit;
• Preparation of contract documents due to shortage of City staff; and
• A design for a temporary traffic signal that was caused by a conflict with a utility that was
previously unknown.
In summary, Mr. Simoneaux proposed reallocating funds from Phases C through E to cover the
overages. At the start of the final design in Phases C through E, the City would need to reassess
the correct funding required. With the addition of a Right-of-Way Coordinator to the Public Works
Staff,Mr. Simoneaux may be able to remove some scope from Phases C through E related to right-
of-way and easement acquisitions. With those changes, Staff recommended approval of the item.
City Council Regular Meeting Minutes
November 22,2022
Page 13 of 26
A motion was made by Mayor Pro Tern Charles Johnson to and seconded by Council Member
Chris Presley to approve Ordinance No. 15,269, related to Item 10.a. However, there was
discussion prior to the vote.
As they would be moving$366,700, Council Member Lester inquired over the costs for Phases C
through E. Mr. Simoneaux replied that would have to be reassessed and reiterated his plan to
reduce the costs related to right-of-way and easement acquisitions. Nonetheless, Council Member
Lester expressed concern with that amount and with Staff not initially comparing the federal
standards to their standards. Regardless, Council Member Lester stated he would vote in favor.
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
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
ORDINANCE NO. 15,269
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR
DESIGN SERVICES ASSOCIATED WITH THE GARTH ROAD WIDENING
PROJECT; AUTHORIZING THE REALLOCATION OF FUNDING IN AN
AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-SIX THOUSAND
SEVEN HUNDRED AND NO/100 DOLLARS ($366,700.00) FROM FUTURE
PHASES C, D AND E TO CURRENT PHASES A AND B; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN TO KIMLEY-HORN AND
ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED THREE HUNDRED
SIXTY-SIX THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS
($366,700.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing costs for easement acquisition necessary for the
reconstruction and widening of Garth Road.
Public Works and Engineering Director Frank Simoneaux relayed the City was ready to proceed
with the permanent right-of-way acquisition for the roadway on Phases A and B. The ordinance
before Council would approve the budget to acquire the parcels for $2,250,000. Mr. Simoneaux
explained that was for both the permanent right-of-way and the temporary construction easements.
The amount was based on appraisals the City received, and Staff recommended approval.
City Council Regular Meeting Minutes
November 22,2022
Page 14 of 26
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,270, related to Item 10.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 15,270
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ACQUISITION OF APPROXIMATELY
TWENTY-THREE (23) TEMPORARY CONSTRUCTION EASEMENTS AND
TWENTY (20) PERMANENT RIGHTS-OF-WAY FOR INGRESS, EGRESS,
AND GENERAL ACCESS NECESSARY TO FACILITATE THE
RECONSTRUCTION AND WIDENING OF GARTH ROAD; AUTHORIZING
THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO AGREEMENTS WITH LANDOWNERS; AUTHORIZING FUNDING BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO-
MILLION TWO-HUNDRED TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($2,225,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
11. PROPOSED ORDINANCES
a. Consider ordinance authorizing an Emergency Replacement of the Boiler System at
• the Parks and Recreation Community Center with Bay Air Conditioning,LLC.
Public Works and Engineering Director Frank Simoneaux relayed the ordinance would authorize
an emergency purchase order to replace the boiler at the Community Center. Recently, the boiler
failed and became irreparable. The cost would be $66,933.78 and Staff recommended approval.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,271, related to Item 11.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
City Council Regular Meeting Minutes
November 22,2022
Page 15 of 26
Approved
ORDINANCE NO. 15,271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT TO BAY AIR CONDITIONING,
LLC IN AN AMOUNT NOT TO EXCEED SIXTY-SIX THOUSAND NINE-
HUNDRED THIRTY-THREE AND 78/100 DOLLARS ($66,933.78) FOR THE
EMERGENCY REPLACEMENT OF THE BOILER SYSTEM AT THE PARKS
AND RECREATION COMMUNITY CENTER; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance amending the City of Baytown utility rates.
Finance Director Victor Brownlees opened the item and shared the ordinance would give effect to
the utility rates Council established in the budget for the new fiscal year. Council Member
Alvarado further explained the rate would stay the same for 2,000 gallons and below. In addition,
there would be an increase for anything above that within the City. Mr. Brownlees confirmed that
was for water and sewer rates which would be put in to effect from the Pt of December and onward.
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Charles
Johnson to approve Ordinance No. 15,272, related to Item 11.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 15,272
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98-
59 "RATES," SUBSECTION (A) AND ARTICLE IV "SEWER SERVICE,"
SECTION 98-91 "SEWER SERVICE CHARGE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO UPDATE SERVICE FEES;
PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND
NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
November 22,2022
Page 16 of 26
c. Consider an ordinance authorizing a Tax Abatement Agreement with Port 10
Logistics, LLC.
City Attorney Scott Lemond recited the ordinance was to authorize a Tax Abatement Agreement
with Port 10 Logistics, LLC. Mr. Lemond believed it was for Building Number 5 on that property.
Council previously approved Tax Abatement Agreements on two other buildings in that area, and
the current agreement was similar to those.The estimated cost of the improvements was$9 million.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris
Presley to approve Ordinance No. 15,273, related to Item 11.c. 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(Absent)
Approved
ORDINANCE NO. 15,273
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 TAX ABATEMENT
AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED WITHIN
THE PORT 10 LOGISTICS REINVESTMENT ZONE WITH PORT 10
LOGISTICS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
12. PROPOSED RESOLUTION
a. Consider a resolution granting the petition for the proposed annexation of
approximately 19.86 acres of land, generally located along the north side of IH-10 between
Garth Road and North Main Street.
As Planning and Development Director Martin Scribner was not present, Council considered Item
12.a. after the approval of the Consent Agenda Items.
After the approval of the Consent Agenda Items,Mr. Scribner stated Item 12.a.was for 19.86 acres
at IH-10 between Garth Road and North Main Street. The property was speculative as the item
was just for the application of annexation. There would be a rezone application, but Mr. Scribner
noted that had not been filed yet. In speaking with the applicant, Staff anticipated a Medium
Density Mixed Residential (MF1) or Mid-Rise Density Mixed Residential Dwellings (MF2)
rezone request. However, Mr. Scribner nor Staff had seen any site plans on that.
City Council Regular Meeting Minutes
November 22,2022
Page 17 of 26
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris
Presley to approve Resolution No. 2,808, related to Item 12.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
RESOLUTION NO. 2,808
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING THE PETITION OF THE LYNN M. WEISKITTEL
REVOCABLE TRUST FOR THE PROPOSED ANNEXATION OF
APPROXIMATELY 19.86 ACRES, GENERALLY LOCATED ALONG THE
NORTH SIDE OF IH-10 BETWEEN GARTH ROAD AND NORTH MAIN
STREET, AND LEGALLY DESCRIBED AS BEING IN THE GEORGE ELLIS
SURVEY, ABSTRACT NO. 21, BEING OUT OF AND PART OF A CALLED
26.01-ACRE TRACT OUT OF A CALLED 485.365-ACRE TRACT
CONVEYED BY HARRY N. HOLMES AS TRUSTEE TO WILLIAM F.
MILLER, SR., HARRIS COUNTY, TEXAS; AUTHORIZING THE
PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
13. CONSENT
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris
Presley to approve Consent Agenda Items 13.a. through 13.u.,with the exception of Item 13.t. that
was pushed to the City Council Meeting on December 8, 2022. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
After the approval of the Consent Agenda Items, Council considered Item 12.a.
City Council Regular Meeting Minutes
November 22,2022
Page 18 of 26
a. Consider an Ordinance awarding the Fiscal Year 2023 Asphalt Mill & Overlay
Program Contract to Texas Materials Group, Inc. dba Gulf Coast a CRH company.
ORDINANCE NO. 15,274
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF TEXAS MATERIALS GROUP, INC. DBA
GULF COAST, A CRH COMPANY, FOR THE FISCAL YEAR 2023 ASPHALT
MILL & OVERLAY PROGRAM CONTRACT; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE-
MILLION FIVE HUNDRED TWENTY-FOUR THOUSAND FIVE-HUNDRED
NINETY-SEVEN AND 50/100 DOLLARS ($3,524,597.50); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance awarding a construction contract to R & B Group, Inc., for
the Baker Road Lift Station Rehabilitation Project.
ORDINANCE NO. 15,275
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF R & B GROUP, INC., FOR THE BAKER
ROAD LIFT STATION REHABILITATION PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH R & B GROUP, INC., FOR THE BAKER
ROAD LIFT STATION REHABILITATION PROJECT; AUTHORIZING
PAYMENT IN AN AMOUNT NOT TO EXCEED FOUR MILLION THREE
HUNDRED ELEVEN THOUSAND THREE HUNDRED AND NO/100
DOLLARS ($4,311,300.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Consider an ordinance authorizing a Professional Services Agreement with Carollo
Engineers, Inc. for Construction Management and Inspection for the Baker Road Lift
Station Rehabilitation Project.
ORDINANCE NO. 15,276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH CAROLLO ENGINEERS, INC., FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE BAKER ROAD
LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED NINETY-NINE THOUSAND SIX HUNDRED TWENTY-FOUR
AND NO/100 DOLLARS ($299,624.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
November 22,2022
Page 19 of 26
d. Consider an ordinance authorizing a Local On-System Agreement with the Texas
Department of Transportation (TxDOT) for the design and construction of the Spur 330
(Decker Drive) Sidewalk Project within TxDOT's right-of-way between Rollingbrook Drive
and Baker Road.
ORDINANCE NO. 15,277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL
ON-SYSTEM IMPROVEMENT PROJECT AGREEMENT WITH THE STATE
OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION
(TXDOT) FOR THE DESIGN AND CONSTRUCTION OF THE SPUR 330
(DECKER DRIVE) SIDEWALK PROJECT WITHIN TXDOT'S RIGHT-OF-
WAY WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN BETWEEN
ROLLINGBROOK DRIVE AND BAKER ROAD; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider an Ordinance authorizing Change Order No. 6 for the Citizens Bank
Renovation Project.
ORDINANCE NO. 15,278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 6 TO THE CITIZENS BANK
RENOVATION PROJECT WITH CONSTRUCTION MASTERS OF
HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED SIXTY-ONE
THOUSAND THREE HUNDRED AND 70/100 DOLLARS ($61,300.70); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an Ordinance authorizing a contract with Fuel Control Solutions for the
construction of a Fuel Island at the Public Safety Facility through the BuyBoard Purchasing
Cooperative via Contract#673-22.
ORDINANCE NO. 15,279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SEVEN HUNDRED THIRTY-
EIGHT THOUSAND EIGHT HUNDRED FORTY-TWO AND 42/100
DOLLARS ($738,842.42)TO FUEL CONTROL SOLUTIONS,THROUGH THE
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY
BOARD), FOR THE CONSTRUCTION OF A FUEL ISLAND AT THE PUBLIC
SAFETY FACILITY; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance approving the payment of the Texas Commission of
Environmental Quality water assessment fee for the City's four (4) Wastewater Treatment
Plants.
City Council Regular Meeting Minutes
November 22,2022
Page 20 of 26
ORDINANCE NO. 15,280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE
HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED EIGHTY-SEVEN AND
34/100 DOLLARS ($166,587.34) TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED
WATER QUALITY FEES FOR THE CITY'S FOUR (4) WASTEWATER
TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
h. Consider an ordinance authorizing the seventh renewal of the Annual Concrete Work
Contract with Teamwork Construction Services, Inc.
ORDINANCE NO. 15,281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT WITH
TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING
PAYMENT IN AN AMOUNT NOT TO EXCEED TWO MILLION FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing the purchase of cationic polymer for the
wastewater treatment plants from Polydyne, Inc.
ORDINANCE NO. 15,282
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THOUSAND
AND NO/100 DOLLARS ($100,000.00) TO POLYDYNE, INC., FOR THE
PURCHASE OF CATIONIC POLYMER FOR THE WASTEWATER
TREATMENT PLANTS, THROUGH A COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF FORT WORTH; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing Change Order No. 1 to the Annual Electrical
Services Contract with Baytown Electric Company.
ORDINANCE NO. 15,283
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO THE ANNUAL
ELECTRICAL SERVICES CONTRACT WITH BAYTOWN ELECTRIC
COMPANY, IN AN AMOUNT NOT TO EXCEED SIXTY-TWO THOUSAND
City Council Regular Meeting Minutes
November 22,2022
Page 21 of 26
FIVE HUNDRED AND NO/100 DOLLARS ($62,500.00); AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
k. Consider an ordinance renewing the Annual Lawn and Landscaping Maintenance
Contract with Yellowstone Landscape-Central, Inc.
ORDINANCE NO. 15,284
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL LAWN AND LANDSCAPING
MAINTENANCE CONTRACT WITH YELLOWSTONE LANDSCAPE-
CENTRAL, INC., AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN THE SUM OF TWO HUNDRED FORTY-THREE THOUSAND
FOUR HUNDRED SEVENTY-ONE AND NO/100 DOLLARS ($243,471.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
1. Consider an ordinance authorizing a Professional Service Agreement with Clark
Condon Associates, Inc., for the design and development of construction documents for the
100 Block Project.
•
ORDINANCE NO. 15,285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH
CLARK CONDON ASSOCIATES, INC., FOR THE DESIGN AND
DEVELOPMENT OF CONSTRUCTION DOCUMENTS FOR THE 100 BLOCK
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-NINE THOUSAND
SIX HUNDRED TWENTY-ONE AND NO/100 DOLLARS ($179,621.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
m. Consider an ordinance awarding the Annual Demolition of Residential Structures
Contract to PIP Abatement Group, LLC.
ORDINANCE NO. 15,286
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF PFP ABATEMENT GROUP, LLC, FOR
THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN THE SUM OF FOUR HUNDRED THOUSAND AND NO/100 DOLLARS
($400,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
November 22,2022
Page 22 of 26
n. Consider an ordinance authorizing the sole source purchase from Radley, LLC, for
the services, software, and hardware necessary for the implementation of a bar coding
system for warehouse operations.
ORDINANCE NO. 15,287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
SIXTY THOUSAND AND NO/100 DOLLARS($60,000.00)TO RADLEY,LLC,
FOR THE SOLE-SOURCE PURCHASE OF THE SERVICES, SOFTWARE,
AND HARDWARE NECESSARY FOR THE IMPLEMENTATION OF A BAR
CODING SYSTEM FOR WAREHOUSE OPERATIONS; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing the renewal of the Cisco network equipment
support(SmartNet) offered by Presidio Network Solutions Group, LLC, through the Texas
Department of Information Resources.
ORDINANCE NO. 15,288
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF SIXTY-THREE
THOUSAND FIFTEEN AND 24/100 DOLLARS ($63,015.24) TO PRESIDIO
NETWORK SOLUTIONS GROUP, LLC, FOR THE RENEWAL OF CISCO
NETWORK EQUIPMENT SUPPORT (SMARTNET) FOR THE CISCO
NETWORK EQUIPMENT USED BY THE CITY, THROUGH THE TEXAS
DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
p. Consider an ordinance authorizing the purchase of the HIDTA (High Intensity Drug
Trafficking Area)Nighthawk-BTX Series Imager from Viken Detection utilizing sole source.
ORDINANCE NO. 15,289
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF FIFTY-
FOUR THOUSAND EIGHT HUNDRED SIXTY AND NO/100 DOLLARS
($54,860.00) TO VIKEN DETECTION FOR THE SOLE-SOURCE PURCHASE
OF THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA)
NIGHTHAWK-BTX SERIES IMAGER FOR THE POLICE DEPARTMENT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
q. Consider an ordinance authorizing the rental of fifteen (15) vehicles from EAN
Holdings, LLC., d/b/a Enterprise Rent-A-Car, through an interlocal agreement between
City Council Regular Meeting Minutes
November 22,2022
Page 23 of 26
Harris County and the City of Baytown, based on an award between Harris County and
Enterprise Rent-A-Car.
ORDINANCE NO. 15,290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-ONE
THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($131,400.00) TO
EAN HOLDINGS, LLC., D/B/A ENTERPRISE RENT-A-CAR, FOR THE
RENTAL OF FIFTEEN (15) VEHICLES FOR THE POLICE DEPARTMENT
INVESTIGATIONS BUREAU THROUGH AN INTERLOCAL AGREEMENT
BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
r. 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.
ORDINANCE NO. 15,291
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 FIVE HUNDRED THOUSAND
AND NO/100 DOLLARS ($500,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
s. Consider an ordinance to authorize the sale of the property located along the north
line of the frontage road of SH146, approximately 142.7 feet east of North Main Street,
Baytown,TX 77520, Harris County.
ORDINANCE NO. 15,292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SALE OF APPROXIMATELY 0.1148 ACRES,
OR 5,000 SQUARE FEET OF LAND BEING RESERVE TRACT C 1, BLOCK
5, FAIR PARK ADDITION SECTION 1, SITUATED IN THE HARVEY
WHITING SURVEY, ABSTRACT NO. 840, HARRIS COUNTY, TEXAS, TO
HARVEY WINDHAM; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
November 22,2022
Page 24 of 26
t. Consider an ordinance authorizing a Grant Administration Services Agreement with
GrantWorks, Inc. to support infrastructure and property buyout/acquisition activities in
Baytown, Texas for disaster recovery and mitigation purposes.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura
Alvarado to suspend Item 13.t. up to thirty days. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
u. Consider a resolution authorizing an Application to the FY2022 Building Resilient
Infrastructure and Communities (BRIC) grant program for a Multi-Hazard Mitigation
Plan.
RESOLUTION NO. 2,807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN
APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY
THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FY
2022 BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES
(BRIC) GRANT PROGRAM ON BEHALF OF THE BAYTOWN FIRE
DEPARTMENT/OFFICE OF EMERGENCY MANAGEMENT IN THE
AMOUNT OF EIGHTY-THOUSAND AND NO/100 DOLLARS ($80,000.00)
FOR THE PURPOSE OF DEVELOPING A NEW MULTI-HAZARD
MITIGATION PLAN;AUTHORIZING A TWENTY-FIVE PERCENT(25%)IN-
KIND LOCAL MATCH VIA OFFICE OF EMERGENCY MANAGEMENT
STAFF TIME SPENT ON THE PROJECT; AUTHORIZING THE
REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT
MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
14. APPOINTMENTS
a. Conduct the election of the Baytown City Council Mayor Pro Tem.
Mayor Capetillo informed Council, upon the departure of Mayor Pro Tem Johnson, the remainder
of his term was until December 31 St. Council would have had their regular election for Mayor Pro
Tern for the first six months of 2023. However, they needed to decide who would serve the
remainder of Mayor Pro Tem Johnson's term and then their six-month term. District 4 was next
City Council Regular Meeting Minutes
November 22,2022
Page 25 of 26
on their rotation, but Council Member Betancourth previously communicated that she wished to
pass. Thus, District 5's Council Member Powell was up for the consideration of Mayor Pro Tern.
A motion was made by Council Member Charles Johnson and seconded by Council Member Chris
Presley to appoint Council Member Jacob Powell as the Mayor Pro Tem. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member
Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
15. MANAGER'S REPORT
City Manager Rick Davis gave kudos to Corporal James Kerr who went above and beyond in
assisting a victim of domestic abuse. Mr. Davis additionally recognized Officer Andrew Richter
for demonstrating care as he informed a couple of the death of their son.
16. COUNCIL MEMBER DISTRICT REPORTS
a. Receive a report from Council Member Mike Lester regarding projects, programs
and events in District No. Six.
Council Member Lester wished to pass his time to his fellow colleagues with the following items.
b. Receive comments from outgoing Council Member Chris Presley regarding his
tenure as a council member for the City of Baytown, District No. Two.
Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item.
(Zoom) Mr. Isaac recognized the efforts and congratulated both Council Member Presley and
Council Member Johnson. He spoke on the achievement of the new mall and expressed his hope
to continue to see more changes in the future.
Council Member Presley expressed his gratitude and reminisced over his time on Council. He was
proud of Town Square and commented over the downtown revitalization effort. Council Member
Presley thanked his former and current Council colleagues as well as City Staff. To the voters, he
expressed he worked hard to fulfill his responsibilities and tried to give attention to every part of
District 2. As there was a lot of work to be done in District 2,he wished the new incoming Council
Members much success. Council Member Presley looked forward to pass his torch and was ready
explore new opportunities and challenges. Mayor Capetillo also reminisced over their effort in
turning Texas Avenue around and shared how Council Member Presley's perspective had been
valuable on Council. Mayor Capetillo thanked Council Member Presley and wished him the best.
City Council Regular Meeting Minutes
November 22,2022
Page 26 of 26
c. Receive comments from outgoing Council Member Charles Johnson regarding his
tenure as a council member for the City of Baytown, District No. Three.
Council Member Johnson shared he considered himself fortunate and reflected on his leadership
with a quote from The Dichotomy of Leadership. He thanked Staff and his fellow colleagues by
expressing his appreciation for their time and effort. As Council Member Presley once advised
him when he ran for Council, Council Member Johnson worked hard and took pride in serving his
constituents. He lastly thanked his family and everyone that played a part in him being on Council.
Council Member Alvarado gave a few words over Council Member Presley and thanked him for
their alliance to better their Districts. To Council Member Johnson, she commented over his
passion and looked forward to see what his next chapter would hold. Mayor Pro Tem Powell
voiced his appreciation for all that he learned from Council Member Presley and Council Member
Johnson. Likewise, Council Member Lester commented fondly over the different dynamics and
presence of the two Council Members. Mayor Capetillo noted Council Member Johnson was the
first elected African-American Council Member in the City of Baytown. He appreciated
everything Council Member Johnson brought to Council and wished him and his family the best.
17. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the November 22,
2022, City Council Regular Meeting at 9:07 P.M.
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