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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. City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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. To re•yr L r.3�11 .t' Angel J on, 'ty City o Bayto i