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2023 01 26 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 26, 2023 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 26, 2023, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Council Member Sarah Graham Council Member Kenrick Griffith Council Member Heather Betancourth Council Member Jacob Powell Mayor Pro Tern Mike Lester Council Member Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the January 26, 2023, City Council Regular Meeting with a quorum present at 6:30 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Griffith. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on January 12, 2023. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve the minutes of the City Council Work Session and Regular Meeting held on January 12, 2023, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS City Council Regular Meeting Minutes January 26,2023 Page 2 of 18 a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director Joey Lopez presented the item and provided a video presentation of all the individuals that received the Years of Service award for the month of January. 5 YEAR Lianette Leon, Public Works and Engineering, Business and Asset Manager Denise Swaim, City Attorney, Legal Assistant II Paulina Carrillo, Police, Domestic Violence Specialist 10 YEAR Kennon Kruse, Fire, Fire Equipment Operator Clifford Smith, Fire, Firefighter Blanca Rubio, Public Works and Engineering, Field Supervisor 15 YEAR Susan Freeman, Police, Police Accounting Specialist Olivo Medrano, Public Works and Engineering, Field Supervisor 30 YEAR Michael Wooster, Fire, Fire Equipment Operator Bruce Fanestiel, Communications, Telecommunications Supervisor b. Present HUB Training Recognitions to City of Baytown Employees. Human Resources Director Joey Lopez presented the item and provided a video presentation recognizing all the individuals that participated in the following HUB Trainings: GREEN BELT Stephanie Blanchat, Planning and Community Development, Permit Specialist I Troy Cayton, Police, Assistant Communications Manager Gabriella Cuff, City Clerk's Office, Records Administrative Specialist Veronica Devaney, Planning and Community Development, Permit Specialist I Samantha Diaz, City Clerk's Office, Records Technician Arleen Doucet, Finance,Utility Billing Coordinator Taylor Dubois, Finance, Accounting Specialist II Garrett Edgar, Public Works and Engineering, Asset Analyst Tony Gonzalez, Finance,Warehouse Supervisor Brandon Jones, Parks and Recreation, Aquatics Park Service Coordinator Alfred Lopez, Finance, Meter Operations Supervisor James Miller, Fire, Lieutenant Angel Negron, Public Works and Engineering, Wastewater Operator III Laura Nicholas, Police, Communications Supervisor Sweta Patel, Public Works and Engineering, Associate Project Manager I Leslie Perez, Planning and Community Development, Permit Specialist I City Council Regular Meeting Minutes January 26,2023 Page 3 of 18 Thomas Quinn, Fire, Deputy Emergency Management Coordinator D'Ozlynn Valdovinos, City Clerk's Office, Records Technician Cheryl Wilson, Finance, Accountant II HUB MANAGER'S SERIES LEVEL 1 Troy Cayton, Police, Assistant Communications Manager Lawrence Champlin III, Public Works and Engineering, Wastewater Operator III Jaime Corona, Health, Animal Control Specialist I Arleen Doucet, Finance, Utility Billing Coordinator Marcus Curry, Finance, Utility Billing Manager Elodgie Davis, Public Works and Engineering, Field Supervisor James Garcia, Health,Assistant Director Ana Guillot, Municipal Court, Court Administrator Clifford Hatch, Parks and Recreation, Director Latanya Henderson, Public Works and Engineering, Field Supervisor James Henderson, Public Works and Engineering, Crewleader Miriam Hernandez, Health, Administrative Supervisor Angela Jackson, City Clerk's Office, Director Abel Leal, Health, Community Service Manager Erline Maingot, Library, Librarian Olivo Medrano, Public Works and Engineering, Field Supervisor James Miller, Fire, Lieutenant Shawn Mitchell, Health,Neighborhood Protection Manager Brian Moran, Administration, Assistant to the City Manager Jessica Ortega, Finance, Collections Supervisor David Oyler, Public Works and Engineering, Superintendent Lola Przymus, Fire, Administrative Supervisor Nathan Rojas, Health,Administrative Supervisor Heriberto Sandoval, Public Works and Engineering, Utility Maintenance Specialist Reggie Savoie, Public Works and Engineering, Field Supervisor Dustin Sieber, Health,Environmental Health Specialist II Ryan Tucker, Fire, Assistant Chief Christopher Turner, Finance, Crewleader Thomas Vaughn, Public Works and Engineering, Field Supervisor c. Recognize Glen Spurgers who has demonstrated outstanding dedication and service to the citizens of Baytown. Planning and Development Director Martin Scribner opened the item to recognize Building Inspector IV Glen Spurgers. After already serving three decades in the public sector,Mr. Spurgers started with the City of Baytown in 2011. Since then,he guided hundreds of builders and inspectors through the principles of providing the highest level of safety in the building environment. The Planning Department wished to recognize his outstanding service, most recently, as the City's City Council Regular Meeting Minutes January 26,2023 Page 4 of 18 primary inspector for the expansion project at the Houston Methodist San Jacinto Hospital. Mr. Spurgers performed over 1,500 inspections to ensure the safety and compliance of that half-billion- dollar construction. In addition, he had reached the milestone of performing over 50,000 inspections for the City of Baytown. The most inspections ever performed by one inspector in the history of the City. With that,Mr. Scribner presented Mr. Spurgers a small token of their gratitude. d. Presentation of the Chiefs Unit Citation Award to the Officers of the K-9 Unit by the Chief of Police. Police Chief John Stringer presented the item to recognize the Baytown Police Department's (BPD) K-9 Unit. On September 7, 2022, the K-9 Unit held the first K-9 seminar in Baytown's history. Over the years, the Unit traveled all around the country training and competing in other classes and seminars. They set and raised the bar for the entire K-9 industry, and had received countless awards and recognitions for their work and trainings.Their three-day course was planned out over several months and took all of the following individuals to ensure it was successful: • Corporal Jeremy Stevens; • Officer David Lambert; • Corporal Heather Shedd; • Officer Cody Dodson; • Officer Jeffery Spencer; • Officer Johnathan Grant; and • Officer Barry Calvert; • Officer Hunter Kinzie. The seminar had twenty-five K-9 teams from all around the Southeast Texas region. Chief Stringer relayed the seminar went off without a hitch and critiques stated it was a top-notch training. Their K-9 Unit received compliments on their professionalism and quality of training scenarios. The Unit led the way in all aspects of K-9 training, policing, and were the go-to for other agencies. Chief Stringer presented each officer in BPD's K-9 Unit with the Chiefs Unit Citation Award. e. Presentation of a Life Saving Award to Officer Bret Rasch by the Chief of Police. Police Chief John Stringer opened the item to recognize Officer Bret Rasch. On April 15, 2022, Officer Rasch completed a transport to the Harris County Jail. On his way back to Baytown, he observed a naked male standing on the entrance ramp to I-10 in the City of Houston. Officer Rasch radioed dispatch his location and summoned assistant from the Houston Police Department(HPD). He activated his emergency equipment, exited his patrol unit, and gave verbal commands for the male to stop. The male proceeded to run in to heavy, rush-hour traffic which caused Officer Rasch to fear for the male's safety as well as other citizens. Despite knowing he was outside of his jurisdiction and that backup was far away, Officer Rasch knew he had to act immediately. Officer Rasch chased after the male and gave verbal commands for him to stop. The male refused, so Officer Rasch used his taser. The male fell on the ground allowing Officer Rasch to handcuff and pull the male out of the main lanes of travel. Shortly thereafter, an off-duty HPD officer stopped to assist and called for additional units from the Houston Fire Department and Emergency Services. On the arrival of the units, an evaluation determined an Emergency Detention Order was necessary. The citizen was transported to a place where he could get help for his mental health crisis. Chief Stringer complimented Officer Rasch and presented him with the Life Saving Award. City Council Regular Meeting Minutes January 26,2023 Page 5 of 18 f. Recognition of the It's Time Texas 2023 Community Challenge to mobilize the community to promote wellness. Council Member Alvarado prefaced the item noting she coordinated the City's It's Time Texas every year. For the current year, the challenge would start on January 9th and would run through March 5th. Council Member Alvarado shared it was done in partnership with MD Anderson's Be Well Baytown initiative. She introduced Mr. Terrence Adams with MD Anderson Cancer Center who provided Council with a few goodies. Mr. Adams wished to make sure everyone signed up for It's Time Texas by going to their website: itstimetexas.org. Council Member Alvarado wished for all of Council to commit and register to the challenge. Mr. Adams informed Council that Baytown was in third place. If everyone signed up, they could have a chance to win. Council proceeded to take a group photo with their goodie bags in order to receive credit for the challenge. g. Consider a Proclamation for the City of Baytown's 75th Anniversary of its Incorporation. As Baytown celebrated its 75th anniversary, Mayor Capetillo opened the item discussing the festivities that took place that Tuesday, as planned by the Public Affairs Department. With that, the Mayor read and proclaimed the entire year of 2023 as the City of Baytown's 75th Anniversary. 3. PROPOSED ANNEXATION OF APPROXIMATELY 5.86 ACRES BEING THE ENTIRE WIDTH OF JOHN MARTIN RIGHT-OF-WAY,SOUTH OF IH-10,AND SOUTH TO THE W. CEDAR BAYOU LYNCHBURG RD a. Conduct the first public hearing for the proposed annexation of approximately 5.86 acres in Harris County, TX, being the entire width of John Martin Road right-of-way beginning 3,508.89 ft. south of IH-10 (edge of current city limits) and extending south approximately 4,235.55 ft. to the W. Cedar Bayou Lynchburg Road right-of-way. At 7:04 P.M., Mayor Capetillo opened the first public hearing for the proposed annexation of approximately 5.86 acres in Harris County, TX,being the entire width of John Martin Road right- of-way beginning 3,508.89 ft. south of IH-10 (edge of current city limits) and extending south approximately 4,235.55 ft. to the W. Cedar Bayou Lynchburg Road right-of-way. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The item was for a proposed annexation of the property previously described. Harris County proposed Baytown to annex that property so the City could install infrastructure and maintain that area. Mr. Scribner shared that the City was happy to do so. As the City was annexing a public entity, some of the timing issues had been eliminated. Therefore, Council had both public hearings as well as the first reading of the ordinance that night in the following items.At their next meeting, Council would see the second reading and the process would then be completed. At 7:05 P.M., Mayor Capetillo closed the first public hearing for the proposed annexation of approximately 5.86 acres in Harris County, TX,being the entire width of John Martin Road right- of-way beginning 3,508.89 ft. south of IH-10 (edge of current city limits) and extending south approximately 4,235.55 ft. to the W. Cedar Bayou Lynchburg Road right-of-way. City Council Regular Meeting Minutes January 26,2023 Page 6 of 18 b. Conduct the second public hearing regarding the proposed annexation of approximately 5.86 acres in Harris County,TX, being the entire width of John Martin Road right-of-way beginning 3,508.89 ft. south of IH-10 (edge of current city limits) and extending south approximately 4,235.55 ft. to the W. Cedar Bayou Lynchburg Road right-of-way. At 7:06 P.M., Mayor Capetillo opened the second public hearing regarding the proposed annexation of approximately 5.86 acres in Harris County, TX, being the entire width of John Martin Road right-of-way beginning 3,508.89 ft. south of IH-10 (edge of current city limits) and extending south approximately 4,235.55 ft. to the W. Cedar Bayou Lynchburg Road right-of-way. As the subject matter of the hearing was summarized in the previous item and no citizens had signed up to speak, Mayor Capetillo proceeded to close the hearing. At 7:06 P.M.,Mayor Capetillo closed the second public hearing regarding the proposed annexation of approximately 5.86 acres in Harris County, TX, being the entire width of John Martin Road right-of-way beginning 3,508.89 ft. south of IH-10 (edge of current city limits) and extending south approximately 4,235.55 ft. to the W. Cedar Bayou Lynchburg Road right-of-way. c. Consider an ordinance for the first reading of the proposed annexation of approximately 5.86 acres in Harris County,TX,described as the entire width of John Martin Road right-of-way beginning 3,508.89 ft. south of IH-10 (edge of current city limits) and extending south approximately 4,235.55 ft. to the W. Cedar Bayou Lynchburg Road right- of-way. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,348, related to Item 3.c. However, there was discussion prior to the vote. Council Member Alvarado inquired over a timeline. Public Works and Engineering Director Frank Simoneaux replied the project was already underway and was part of the Connolly area annexation utilities. The City had been discussing with Harris County about an agreement to allow Baytown to put utilities along John Martin.However,the two entities were not able to come to a maintenance agreement, so they agreed annexation was the best course. Council Member Alvarado further questioned if there would be an impact on their budget. Mr. Simoneaux assured there would not be an impact. John Martin was in good condition and recently rehabilitated by Harris County. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes January 26,2023 Page 7 of 18 ORDINANCE NO. 15,348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 5.86 ACRES OF LAND,DESCRIBED AS THE ENTIRE WIDTH OF JOHN MARTIN ROAD RIGHT-OF-WAY, BEGINNING 3,508.89 FEET SOUTH OF IH-10 (EDGE OF CURRENT CITY LIMITS) AND EXTENDING SOUTH APPROXIMATELY 4,235.55 FEET TO THE W. CEDAR BAYOU LYNCHBURG ROAD RIGHT-OF-WAY, HARRIS COUNTY,TEXAS,WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 4. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3 A motion was made by Council Member Sarah Graham and seconded by Council Member Mike Lester to approve the Ordinances and Resolution of Items 4.a. through 4.e. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance authorizing the First Amendment to the Water Supply Agreement with Chambers County Improvement District No. 3. ORDINANCE NO. 15,349 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE WATER SUPPLY AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the First Amendment to the Emergency Protection Services Agreement with Chambers County Improvement District No. 3. ORDINANCE NO. 15,350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE City Council Regular Meeting Minutes January 26,2023 Page 8 of 18 EMERGENCY PROTECTION SERVICES AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the First Amendment to the Development Agreement with Chambers County Improvement District No. 3. ORDINANCE NO. 15,351 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance approving the Declarations of Covenants, Conditions, Restrictions and Easements for approximately 120.7 acres situated in Chambers County, Texas owned by Texan Hospitality Inc. ORDINANCE NO. 15,352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE DECLARATIONS OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR APPROXIMATELY 120.7 ACRES SITUATED IN CHAMBERS COUNTY, TEXAS, OWNED BY TEXAN HOSPITALITY, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider a resolution granting consent to the inclusion of 124.4 acres in the Kate Dugat Survey, Abstract No. 416 and the A. B. J. Winfree Survey, Abstract No. 306, Chambers County,Texas into Chambers County Improvement District No. 3. RESOLUTION NO. 2,815 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 124.4 ACRES IN THE KATE DUGAT SURVEY, ABSTRACT NO. 416 AND THE A. B. J. WINFREE SURVEY, ABSTRACT NO. 306, CHAMBERS COUNTY, TEXAS, INTO CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Professional Service Agreement with Kimley- Horn and Associates, Inc. for the design and development of construction documents for the 40-Acre Park Property located at Market Street and JB Lefevre Rd. City Council Regular Meeting Minutes January 26,2023 Page 9 of 18 Parks Planner Cornell Gordan presented the item where Council would consider an ordinance authorizing a Professional Service Agreement with Kimley-Horn. The property was a forty-acre park at the west of JB Lefevre Road, north of Market Street, and southeast of SH-146. It was largely undeveloped, the Goose Creek Trail ran right through it, and it was heavily wooded. With that,Mr. Gordon relayed the City was proposing to develop a new disc golf course in that area. As they did the study, several things had come up such as the dense vegetation.A donation of$25,000 from Exxon allowed the City to get ahead of the project and provided some clearing for the area. After the clearing, Staff decided it was best to hire the City's former designer of the Evergreen Golf Course Chris Vandagriff. With the discovery of typography and drainage issues, Staff recommended the City also hire Kimley-Horn to prepare the construction documents for the golf course. Mr. Gordan shared a few positive comments about the course from their social media post. While there was a design increase from their initial proposed budget, Staff felt they would meet the budget and finish the project by early January 2024. Council Member Lester voiced his concerns with the increase,but was pleased to hear that Staff anticipated it would be on budget. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve Ordinance No. 15,353, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,353 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THE DESIGN AND DEVELOPMENT OF CONSTRUCTION DOCUMENTS FOR THE 40-ACRE PARK PROPERTY LOCATED AT MARKET STREET AND JB LEFEVRE ROAD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED ELEVEN THOUSAND AND NO/100 DOLLARS ($111,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. DISCUSSIONS a. Discuss the city sponsored Unified Land Development Code(ULDC)text amendment and zoning map amendment of approximately 107.82 acres of land located along the southern portion of the Blue Heron Parkway generally between Barkuloo Road and Crosby City Council Regular Meeting Minutes January 26,2023 Page 10 of 18 Cedar Bayou Road, from Open Space/Recreation (OR) to Mixed Residential at Low to Medium Density(SF2) and Mixed Use (MU) Zoning Districts. Planning and Development Director Martin Scribner prefaced the item was something that Staff mentioned a few times in passing over the past few months.The process started in the late summer, or early fall,when there had been requests and development pressure in a certain part of town. The area was south of Blue Heron, all the way from Cedar Bayou, extending west to Barkuloo, and just beyond that including properties west of Barkuloo. Staff noted there was a lot of Open Space/ Recreation (OR) in that area. So, newly annexed property owners were forced to come in and request the zoning of their choosing. Staff thought they could either allow them to come in one at a time over the next few years, or they could look at that as one integrated master planned area. The plan had gone through a Planning and Zoning Commission hearing, so it would come before Council for a final decision at their next meeting. Mr. Scribner reiterated it was to proactively prepare the area for development as the City was feeling that pressure. The subject property was all zoned OR and the zoning districts proposed were chosen based on staff and community feedback as well as the Future Land Use Map and Comprehensive Plan. Staff did extensive public engagement and Mr. Scribner provided an overview of all the feedback they received. Many of the responses were that residents did not want multifamily and wished for the area to remain green. Mr. Scribner displayed the map that Staff was proposing based on that input they received. He added Staff would also be proposing to amend the Mixed Use (MU) Zoning District to be a bit more useful. The map showed Mixed Residential at Low to Medium Density (SF2) and MU Zoning Districts. Two properties would remain OR because they were city-owned park properties. Mr. Scribner relayed there was a heavy reliance on MU for the corridor properties and transition areas to protect its residential nature. Staff provided at the public meetings three different scenarios, and the map was an amalgamation of those scenarios based on the input they received. With regard to the changes to the MU Zoning District, Staff would first amend its description. MU was intended to accommodate neighborhood-scale commercial and medium density residential that were compatible with each other. The development character included a mix of uses in one structure, one property with multiple structures, or a standalone primary structure. Staff felt the changes allowed MU to be a more useful zone instead of the catch-all that was put in place. Mr. Scribner provided Council an extensive list of what Staff proposed to remove from MU's permitted uses. He described them as more intense uses. With those removed, that left neighborhood retail. Mr. Scribner emphasize that would not allow for apartments,but for very small multifamily. Mr. Scribner ended the presentation reiterating Staff was trying to get ahead of the development that they knew would happen. Rather than piecemealing those things together, Staff felt it was in the City's best interest to take some of that direction and help guide that development. Mayor Capetillo first commented that he liked what Staff was taking out of MU. Mr. Scribner noted that the current MU was not very different from General Commercial (GC). Council Member Graham questioned why it was best to be proactive instead of going piece by piece. Mr. Scribner discussed the several advantages of doing just that, such as the area developing in an organized manner. Council Member Lester inquired what uses would remain in MU. Mayor Capetillo suggested Staff to send a matrix with all the classifications, not just MU, via email to all of Council. Council City Council Regular Meeting Minutes January 26,2023 Page 11 of 18 Member Graham then inquired over a trail on the property. Parks Planner Cornell Gordan responded a portion of that trail had been cutoff but was later rerouted. With Staffs proposal, that connection would still be kept. Lastly, Mayor Capetillo requested additional information regarding the impacts of the text changes on the Future Land Use Map and for that to be provided via email. 7. CONSENT A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 7.a. through 7.1. However, Council Member Kenrick Griffith wished to pull Items 7.g. through 7.1. for discussion purposes. An amended motion was made by Council Member Sarah Graham and seconded by Council Member Heather Betancourth to approve Items 7.a. through 7.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance authorizing an agreement with KIT Professionals, Inc., to perform professional services associated with the renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit issued by the Texas Commission on Environmental Quality (TCEQ) for the East,West, and Central District Wastewater Treatment Plants. ORDINANCE NO. 15,354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH KIT PROFESSIONALS, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE RENEWAL OF THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT ISSUED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY(TCEQ) FOR THE EAST, WEST, AND CENTRAL DISTRICT WASTEWATER TREATMENT PLANTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND EIGHT HUNDRED FIFTY AND NO/100 DOLLARS ($65,850.00);MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a water supply agreement between BAWA and Lake Municipal Utility District. ORDINANCE NO. 15,355 City Council Regular Meeting Minutes January 26,2023 Page 12 of 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING A WATER SUPPLY CONTRACT—TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND LAKE MUNICIPAL UTILITY DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the purchase of Fire Department uniforms from Impact Promotional Services LLC,dba Got You Covered Workwear and Uniforms,through the Texas Local Government Purchasing Cooperative, BuyBoard. ORDINANCE NO. 15,356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($155,000.00) TO IMPACT PROMOTIONAL SERVICES, LLC, D/B/A GOT YOU COVERED WORKWEAR AND UNIFORMS, FOR THE PURCHASE OF FIREFIGHTER UNIFORMS, TO INCLUDE CURRENT EMPLOYEE UNIFORM ALLOWANCES, NEW HIRE UNIFORM ALLOWANCES, AND CLASS A UNIFORMS FOR THE FIRE DEPARTMENT, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with DRG Management Services, LLC. ORDINANCE NO. 15,357 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH DRG MANAGEMENT SERVICES, LLC; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the annual renewal of Tyler Energov software through the Sourcewell Cooperative Contract Program. ORDINANCE NO. 15,358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED THIRTY-EIGHT THOUSAND FOUR HUNDRED NINETY-THREE AND 28/100 DOLLARS ($138,493.28) TO TYLER TECHNOLOGIES, INC., FOR City Council Regular Meeting Minutes January 26,2023 Page 13 of 18 THE RENEWAL OF TYLER ENERGOV SOFTWARE, THROUGH THE SOURCEWELL COOPERATIVE CONTRACT PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of Cisco network equipment from Presidio using Texas Department of Information Resources Contract DIR-TSO-4167 for the new Public Safety Campus. ORDINANCE NO. 15,359 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING THE PAYMENT OF FOUR HUNDRED EIGHTY-SIX THOUSAND NINETY-THREE AND 05/100 DOLLARS ($486,093.05) TO PRESIDIO NETWORKED SOLUTIONS GROUP, LLC, FOR THE PURCHASE OF CISCO NETWORK EQUIPMENT FOR THE NEW PUBLIC SAFETY CAMPUS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution designating authorized signatories for the Community Development Block Grant— Disaster Recovery Program (CDBG-DR): GLO Contract #20- 065-113-C310. Council Member Griffith wondered if a match was involved with any of the grants from Items 7.g. through 7.1. Grant Coordinator Leasa Lopez replied none of the grants listed on the agenda required a match. She further explained it was an allocation. Item 7.g. was only a signatory authorization, and Items 7.h. through 7.j. required designation of signatory authority changes because they had a new City Manager. Items 7.k. and 7.1. were grant applications for equipment for the Baytown Police Department(BPD). Neither, of which, required a match. A motion was made by Council Member Sarah Graham and seconded by Council Member Kenrick Griffith to approve Consent Agenda Items 7.g. through 7.1. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2,816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR City Council Regular Meeting Mmutes January 26,2023 Page 14 of 18 CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RECOVERY PROGRAM(CDBG-DR)GLO CONTRACT #20-065-113-C310; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution designating authorized signatories for the Community Development Block Grant — Disaster Recovery Program (CDBG-DR): Harris County Contract#D2017-040. RESOLUTION NO. 2,817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RECOVERY PROGRAM (CDBG-DR) HARRIS COUNTY CONTRACT #D2017-040; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider a resolution designating authorized signatories for the Community Development Block Grant—Mitigation Program(CDBG-MIT): GLO Contract#22-082-020- D258. RESOLUTION NO. 2,818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT — MITIGATION PROGRAM (CDBG-MIT) GLO CONTRACT #22- 082-020-D258; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution designating authorized signatories for the Community Development Block Grant—Mitigation Grant Program (CDBG-MIT): GLO Contract#22- 085-012-D240. RESOLUTION NO. 2,819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT — MITIGATION PROGRAM(CDBG-MIT) GLO CONTRACT #22- 085-012-D240; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 26,2023 Page 15 of 18 k. Consider a resolution authorizing the City Manager to submit an application to the FY2024 Criminal Justice Grant Program on behalf of the Police Department. RESOLUTION NO. 2,820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM, FY2024 LOCAL SOLICITATION ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND AND NO/100 DOLLARS ($80,000.00) DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider a resolution authorizing the City to submit a grant application in response to the Office of the Governor,Public Safety Office,Homeland Security Grants Division's FY 2023 State Homeland Security Program—Law Enforcement Terrorism Prevention Activities Projects (SHSP-LETPA) on behalf of the Police Department. RESOLUTION NO. 2,821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOMELAND SECURITY GRANTS DIVISION, IN RESPONSE TO THE FY2023 STATE HOMELAND SECURITY PROGRAM — LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES PROJECTS (SHSP-LEPTA) SOLICITATION ON BEHALF OF THE POLICE DEPARTMENT; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider a resolution amending the designation of a representative and an alternate for the General Assembly of the Houston-Galveston Area Council for the year 2023. Mayor Capetillo informed Council the primary representative would be Council Member Alvarado and the alternative would be himself for the 2023 Houston-Galveston Area Council. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Jacob Powell to approve Resolution No. 2,822, related to Item 8.a. The vote was as follows: City Council Regular Meeting Minutes January 26,2023 Page 16 of 18 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2,822 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AMENDING RESOLUTION NO. 2,813,ADOPTED ON JANUARY 12, 2023, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON- GALVESTON AREA COUNCIL FOR THE YEAR 2023; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT City Manager Jason Reynolds first extended his thanks to everyone involved with taking care of Baytown and its citizens through the storm on January 24`h. Mr. Reynolds relayed their thoughts and prayers were with the City of Pasadena, Deer Park, and the citizens of Baytown that had been impacted by the event. The Governor had issued a disaster declaration which would be helpful for the recovery efforts in Baytown and the surrounding cities. Baytown had approximately fifty-nine homes that had some sort of damage. The City also had a Valero with a canopy that toppled over I-10 and Main. A gas leak occurred on Bayway and was let loose until CenterPoint resolved that with the City's facilities and equipment. Mr. Reynolds noted there was no major damage to report. However, the City did have minor damages at the Baytown Police Department's (BPD) shooting range, the Nature Center, and the Green Center. The City had lost power elsewhere,but there was nothing major to report at that time. Mr. Reynolds shared there was debris in certain areas of the City, but they would not issue their debris contract due to the million dollars the City would be implicated to pay. In an effort to save City money, Public Works had gone out to help those that had been impacted. At that time, they had done numerous roll-offs and worked alongside Harris County. Mr. Reynolds expressed his appreciation for them and those on the Public Works team. For shelter and community resources, the City was working with multiple volunteer recovery organizations.They were making direct contact with anybody that had been impacted to make sure they had a place to stay and that their needs were met. On a separate note, an elementary school and Stuart Career Technical High School were without power due to the outages. Mr. Reynolds also shared with Council and the Public a text he received regarding an incident on Weaver Street. The individual's mother had been trapped under her collapsed roof and was saved by a community effort. He and Mr. Reynolds appreciated everybody that was involved in helping those residents. Moving past the tornado,Mr. Reynolds recognized the Public Works and Engineering Department for the National Flood Insurance Program (NFIP) and receiving a class five rating. The City Council Regular Meeting Minutes January 26,2023 Page 17 of 18 significance of that rating was that it involved up to a 25% decrease on flood insurance rates for citizens. Mr. Reynolds also highlighted the Parks and Recreation Department for the Fitness Court that was being constructed. In addition to that, along the Perfect Trail System, lights had been put up around Holloway Park. Lastly, Mr. Reynolds shared that he and the Police Chief attended the UNIDOS Meeting last night. He discussed the meeting's success and thanked those that attended. 10. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. b. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. At 7:42 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to: 1) Section 551.074 of the Texas Government Code to deliberate the annual performance evaluation of the Municipal Court Judge; and 2) Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. At 9:10 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. The meeting reconvened with Council Member Betancourth's absence. 11. MOTIONS a. Discuss and take appropriate action regarding the Municipal Court Judge's annual performance evaluation. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve a 6%increase for Municipal Court Judge Julie Escalante that would take effect on January 30, 2023. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith,Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Not Present) Approved City Council Regular Meeting Minutes January 26,2023 Page 18 of 18 12. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the January 26, 2023, City Council Regular Meeting at 9:12 P.M. Angela Jac on, City Cl City of Baytown e) #`�- a SAT �0 N 4 xi 5