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2023 02 09 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 9, 2023 The City Council of the City of Baytown,Texas,met in a Regular Meeting on Thursday, February 9,2023, at 6:35 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,Bay- town, 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 February 9, 2023, City Council Regular Meeting with a quorum present at 6:35 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Heather Betancourth. 1. MINUTES A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura Alvarado to approve the minutes of Items l.a. and 1.b., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber 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 approving the minutes of the City Council Special Meeting held on Decem- ber 12, 2022. b. Consider approving the minutes of the City Council Work Session and Regular Meet- ing held on January 26,2023. City Council Regular Meeting Minutes February 9,2023 Page 2 of 23 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a Medal of Valor to Engineer Estevan Rodriguez by Fire Chief Kenneth Dob- son. Fire Chief Kenneth Dobson presented the item to Council. On April 8, 2022, Engineer Estevan Rodriguez noticed the apartment building across the street from Station 4 was on fire. While gath- ering a crew to respond, Mr. Rodriguez ran across the street to the front of the building. He looked through the door of the apartment where the fire was located and observed an unresponsive man on the floor. He entered the building, grabbed the man, and pulled him to safety. Upon providing patient care, the man became responsive. Mr. Rodriguez ran back to the other apartments to notify residents to evacuate. For his actions, Chief Dobson awarded Mr. Rodriguez a Medal of Valor. b. Present a proclamation designating February 19-25, 2023, as National Engineers Week in Baytown. Mayor Capetillo, accompanied by Staff from the Public Works and Engineering Department,read the proclamation declaring February 19-25, 2023, as National Engineers Week in Baytown. 3. REHABILITATION OF BAY TERRACE APARTMENTS, AN AFFORDABLE RENTAL HOUSING COMPLEX LOCATED AT 1502 NOLAN ROAD a. Conduct a public hearing concerning the rehabilitation by Bay Terrace Housing,LP, of Bay Terrace Apartments, an approximately 130-unit affordable rental housing complex, located at 1502 Nolan Road, Baytown, Harris County, Texas. At 6:42 P.M., Mayor Capetillo opened the public hearing concerning the rehabilitation by Bay Terrace Housing, LP, of Bay Terrace Apartments, an approximately 130-unit affordable rental housing complex, located at 1502 Nolan Road, Baytown, Harris County, Texas. Planning and Development Services Director Martin Scribner summarized the subject matter of the hearing. The Bay Terrace Apartments' owners were seeking the City's support in their appli- cation for the Low-Income Housing Tax Credit to rehabilitate their units. Mr. Scribner introduced and turned the floor over to the applicant. Mr. Steve Anderson gave a brief introduction detailing the apartments. The redevelopment of the exterior would include replacing the windows, HVAC units, upgrade the playground, install security cameras, install Wi-Fi, repave the parking lot, and improve accessibility to the units. Mr. Anderson then displayed images of the current conditions of the interior along with architect renderings of what they would accomplish.The interiors would have new floors, counters, cabinets, appliances in the kitchens and bathrooms, electrical fixtures, and paint. Mr. Anderson relayed the process would include them moving tenants out for three to five days. Their belongings would be placed in pods and tenants would be placed in extended-stay hotels as they refreshed the units. Mr. Anderson reiterated they were looking for a City resolution of support and of a funding commitment of$500. He explained that was because of the revitalization zone the apartments were in which could easily be obtained through reduced fees. With that ending the presentation and with no one having signed up to speak,the Mayor proceeded to close the hearing. City Council Regular Meeting Minutes February 9,2023 Page 3 of 23 At 6:46 P.M., Mayor Capetillo closed the public hearing concerning the rehabilitation by Bay Terrace Housing, LP, of Bay Terrace Apartments. b. Consider a resolution registering support for Bay Terrace Housing, LP, to apply for the 9% Low Income Housing Tax Credit (LIHTC) through the Texas Department of Hous- ing and Community Affairs (TDHCA) to rehabilitate Bay Terrace Apartments. A motion was made by Council Member Sarah Graham and seconded by Council Member Mike Lester to approve Resolution No. 2,823, related to Item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber 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. 2,823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REGISTERING ITS SUPPORT OF BAY TERRACE HOUSING, LP'S PROPOSED ACQUISITION AND REHABILITATION OF THE BAY TERRACE APARTMENTS AND POSSIBLE ALLOCATION OF 9% LOW INCOME HOUS- ING TAX CREDIT FOR THE PROJECT; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. 4. 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. Consider an ordinance for the second and fmal 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. Planning and Development Services Director Martin Scribner opened the item informing Council nothing had changed since the first reading. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,348 and Ordinance No. 15,360, related to Items 4.a. and 4.b. However, there was discussion prior to the vote. Council Member Griffith inquired over the plans for the area. Public Works Engineering Director Frank Simoneaux replied the annexation was to accommodate utilities that the City would install. City Council Regular Meeting Minutes February 9,2023 Page 4 of 23 Baytown had annexed areas around Connolly and West Cedar Bayou Lynchburg to provide utili- ties. Rather than having an agreement for the City to put utilities in a Harris County right-of-way, both entities agreed it would be easier for Baytown to take the right-of-way. Mr. Simoneaux noted the roadway was recently renovated and in good condition. As the City had half of the roadway already, Staff thought it would be beneficial for Baytown to annex. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved 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, DE- SCRIBED AS THE ENTIRE WIDTH OF JOHN MARTIN ROAD RIGHT-OF-WAY, BEGINNING 3,508.89 FEET SOUTH OF IH-10(EDGE OF CURRENT CITY LIM- ITS) 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. b. Consider an ordinance adding the newly annexed properties generally described as 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 ex- tending south approximately 4,235.55 ft. to the W. Cedar Bayou Lynchburg Road right-of- way into Council District No. 3. ORDINANCE NO. 15,360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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 EX- TENDING SOUTH APPROXIMATELY 4,235.55 FEET TO THE W. CEDAR BAYOU LYNCHBURG ROAD RIGHT-OF-WAY, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 9,2023 Page 5 of 23 5. PROPOSED ANNEXATION OF APPROXIMATELY 53.67 ACRES LOCATE D AT 5814 N SH 146 a. 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. Planning and Development Services Director Martin Scribner introduced the item which had been heard by Council back in November. The applicant had asked to continue the item for three months, so it was back before Council. Mr. Scribner displayed a map of what would be annexed. The item was the second and final reading of the ordinance that would finalize the annexation. Further along the agenda, a portion of the property would also be rezoned to Light Industrial (LI). The applicant had supplied a site plan which Mr. Scribner displayed per the Mayor's request. The plan was for two large warehouses with detention to the west and landscaping around the borders of the property. Mayor Pro Tem Powell shared the concerns of residents from the area regarding more truck traffic. With the City still working with the Texas Department of Transportation(TxDOT) and State Leg- islatures to move truck traffic from SH-146 to SH-99,Mayor Pro Tern Powell felt the rezone would be going in the wrong direction. Thus, he was not comfortable annexing a property knowing that he would not be in favor of the rezone. Mayor Pro Tern Powell shared he had spoken with the applicant and they were willing to work on something that would work better for the residents. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Kenrick Griffith to table Items 5.a., 5.b., 6.a., and 6.b. for three (3) months. However, the motion was withdrawn upon further discussion and at the request of City Attorney Scott Lemond for Item 6.a. A motion was made by Mayor Pro Tem Jacob Powell and seconded by Council Member Kenrick Griffith to table Items 5.a. and 5.b. for ninety(90) days. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved b. 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. 6. PROPOSED REZONING OF APPROXIMATELY 49.87 ACRES LOCATED AT 5814 N SH 146 City Council Regular Meeting Minutes February 9,2023 Page 6 of 23 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 Indus- trial (LI) Zoning District. At 6:59 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the offi- cial 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. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The rezone was to LI and it had gone through the process with the Planning and Zoning Commis- sion. It received a positive recommendation from the Planning and Zoning Commission and Staff. At 7:01 P.M.,Mayor Capetillo closed the 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 OR and GC to a LI Zoning District. b. 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 Dis- trict. A motion was made by Mayor Pro Tem Jacob Powell and seconded by Council Member Laura Alvarado to table Item 6.b. for ninety(90) days. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved 7. PROPOSED TEXT AMENDMENT TO THE UNIFIED LAND DEVELOPMENT CODE (ULDC) REGARDING THE MIXED USE (MU) ZONING DISTRICT a. Conduct a public hearing concerning the proposed text amendment to the Unified Land Development Code (ULDC) regarding the Mixed Use (MU) Zoning District. At 7:01 P.M.,Mayor Capetillo opened the public hearing concerning the proposed text amendment to the Unified Land Development Code(ULDC)regarding the Mixed Use (MU) Zoning District. Planning and Development Services Director Martin Scribner summarized the subject matter of the hearing. He displayed a list of Staffs proposed changes to the MU Zoning District that would affect all MU Districts on the map and new MU Districts. Mr. Scribner noted the current code did City Council Regular Meeting Minutes February 9,2023 Page 7 of 23 not allow for any new districts of that nature. The changes removed the uses that were closer to General Commercial (GC). For example: autobody shops, commercial parking,hotels and motels, manufacturing, hospitals, etc. What that left were contractors services, community services, day- cares, entertainment facilities, restaurants, grocery stores, etc. The changes would distinguish MU from other commercial uses. In addition, as approved by the City in the last three or four months, MU was allowed to have townhomes, duplexes, accessory dwellings, and some in-home busi- nesses. Moreover, Mr. Scribner displayed a map of the properties that would be affected by the changes. The map showed all the City's MU and Mixed Residential at Low to Medium Density(SF2) Zon- ing Districts locations. Any current businesses would be allowed to continue their use unless it was changed. If the change was for a non-conforming use, it would no longer be allowed. Council proceeded to ask questions to clarify what uses would be allowed in the MU Zoning District. At 7:08 P.M., Mayor Capetillo closed the public hearing concerning the proposed text amendment to the ULDC regarding the MU Zoning District. b. Consider an ordinance for the proposed text amendment to the Unified Land Devel- opment Code (ULDC) regarding the Mixed Use (MU) Zoning District. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve Ordinance No. 15,361, related to Item 7.b. However, there was discussion prior to the vote. Council sought further clarification on what uses would be allowed in a Mixed Use(MU)District. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber 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. 15,361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, AP- PENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DIS- TRICTS," DIVISION 2 "ZONING DISTRICTS," SECTION 2.04 "COMMERCIAL ZONING DISTRICTS," SECTION 2.05 "RESIDENTIAL ZONING DISTRICTS," SECTION 2.09 "LAND USE TABLES," TABLE 2-2 "NON-RESIDENTIAL USES," AND SECTION 2.10 "LAND USE CONDITIONS;" AND AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND City Council Regular Meeting Minutes February 9,2023 Page 8 of 23 COMPATIBILITY STANDARDS," DIVISION 1 "PROPERTY DEVELOPMENT STANDARDS," TABLE 3-1 "PROPERTY DEVELOPMENT STANDARDS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; PROVIDING A M-PEAL- ING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXI- MUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 8. PROPOSED REZONING FOR APPROXIMATELY 107.82 ACRES OF LAND LO- CATED AT BLUE HERON PARKWAY a. Conduct a public hearing concerning the city sponsored rezoning to amend the offi- cial zoning map to rezone approximately 107.82 acres of land located along the southern portion of the Blue Heron Parkway generally between Barkuloo Road and Crosby Cedar Bayou Road, from Open Space/Recreation (OR) to Mixed Residential at Low to Medium Density(SF2) and Mixed Use (MU) Zoning Districts. At 7:11 P.M., Mayor Capetillo opened the public hearing concerning the city sponsored rezoning to amend the official zoning map to rezone approximately 107.82 acres of land located along the southern portion of the Blue Heron Parkway generally between Barkuloo Road and Crosby 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 Services Director Martin Scribner summarized the subject matter of the hearing. He displayed a map of the studied area as well as a map of the city sponsored zoning amendment. The properties were annexed and automatically categorized as OR. Staff had seen a lot of development pressure in that area and would like a coordinated development effort. If the City approved the rezone and if a property owner were to ask for a different rezone, they would have the ability to do that. Staff just wished to proactively prepare for the anticipated growth. The Zoning Districts proposed were based on Staff input, the Comprehensive Plan, the Future Land Use Map, community need, and citizen feedback from both the public meetings and on the Bay- town Engage website. Mr. Scribner then gave a brief overview of the community engagement that Staff had undertook. The proposed rezoning was for MU and SF2. Two City-owned park properties would remain OR. Mr. Scribner noted the SF2 would provide a buffer to the MU zones. Mayor Capetillo questioned what type of buffering did MU have as he was concerned with certain properties. Mr. Scribner responded MU, or any other commercial zone, that backed in to a different zone, like residential, would have a buffering and screening requirement. He offered to provide that information and that the biggest concern of residents was that they did not want any apartments. He assured none of the proposed zones allowed for apartments, specifically large garden-style apartments complexes. At 7:18 P.M., Mayor Capetillo closed the public hearing concerning the city sponsored rezoning to amend the official zoning map to rezone approximately 107.82 acres of land located along the southern portion of the Blue Heron Parkway from OR to SF2 and MU Zoning Districts. City Council Regular Meeting Minutes February 9,2023 Page 9 of 23 b. Consider an ordinance concerning the city sponsored rezoning to amend the official zoning map to rezone approximately 107.82 acres of land located along the southern portion of the Blue Heron Parkway generally between Barkuloo Road and Crosby Cedar Bayou Road, from Open Space/Recreation (OR) to Mixed Residential at Low to Medium Density (SF2) and Mixed Use (MU) Zoning Districts. Mayor Pro Tern Powell liked what had been presented by Staff His only concern was moving forward with the rezone after Council had just changed Mixed Use(MU). He wished to give those residents more of an opportunity to digest what MU was due to the confusion regarding apartments. With the item being a City-driven rezone and not by an applicant,he proposed to suspend the item. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Heather Betancourth to suspend Item 8.b. for thirty (30) days. However, there was discussion prior to the vote. During the time of the suspension, Council Member Graham requested more examples of what the buffering would be along El Rancho. Planning and Development Director Martin Scribner con- firmed Staff could provide that. Council Member Betancourth appreciated the exercise by the Planning Department and suggested other areas in District 4 that could use that type of exercise. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved 9. PROPOSED AMENDMENTS TO THE CODE OF ORDINANCES, BAYTOWN, TEXAS a. Consider an ordinance amending Chapter 18 "Buildings and Building Regulations," Article II, Building Construction Standards," Division 3 "Building Code," Section 18.92 "Amendments" to renumber Section 1805.3.4 to Section 1808.7.4 and to delete reference to Section 1805.3.4.a "Setback survey," in its entirety; Division 4 "Building and Development Permits," Section 18-130 "Standards for demolition," Subsection(5); and "Article IX"Min- imum Property Standards," Division 2 "One- and Two-Story Family Dwellings and Town- houses," Section 18-652 "Amendments to the residential code," of the Code of Ordinances, Baytown,Texas, to delete reference to Section 403.1.7.3.a "Setback survey" in its entirety. Planning and Development Services Director Martin Scribner relayed the item was to correct the following: City Council Regular Meeting Minutes February 9,2023 Page 10 of 23 1) Renumber Section 1805.3.4 as Section 1808.7.4 to correctly reflect the numbered sections ref- erenced in the IBC 2015; 2) Delete Section 1805.3.4.a. "Setback Survey"as it did not exist in the IRC 2015; and 3) Changing the language of Section 10-130(5) to be more accurate to what the code required. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve Ordinance No. 15,362, related to Item 9.a. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,362 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 'BUILDINGS AND BUILDING REGULA- TIONS,"ARTICLE II,BUILDING CONSTRUCTION STANDARDS," DIVISION 3 'BUILDING CODE," SECTION 18.92 "AMENDMENTS," OF THE CODE OF OR- DINANCES, BAYTOWN, TEXAS, TO RENUMBER SECTION 1805.3.4 AS SEC- TION 1808.7.4 TO CORRECTLY REFLECT THE NUMBERED SECTION REFERENCED IN THE INTERNATIONAL BUILDING CODE 2015 AND TO DE- LETE REFERENCE TO SECTION 1805.3.4.A "SETBACK SURVEY" IN ITS EN- TIRETY; AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II "BUILDING CONSTRUCTION STANDARDS," DIVISION 4 "BUILDING AND DEVELOPMENT PERMITS," SECTION 18-130 "STANDARDS FOR DEMOLITION," SUBSECTION (5) OF THE CODE OF OR- DINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IX "MINIMUM PROPERTY STANDARDS," DIVISION 2 "ONE- AND TWO-STORY FAMILY DWELLINGS AND TOWNHOUSES," SECTION 18-652 "AMENDMENTS TO THE RESIDEN- TIAL CODE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO DE- LETE REFERENCE TO SECTION 403.1.7.3.A "SETBACK SURVEY" IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Section 94-121 "Schedules enumerated," Schedule V "Designation -- Speed Limit Zones" of the Code of Ordinances, Baytown, Texas, estab- lishing speed zones for San Jacinto Boulevard, Hunt Road, and Santavy Street. Civil Design Engineer Juan Macias relayed the item was to consider establishing the speed zones for San Jacinto Boulevard, Hunt Road, and Santavy Street. The Texas Administrative Code dic- City Council Regular Meeting Minutes February 9,2023 Page 11 of 23 tated that an Engineering Traffic Study be conducted to establish the speed zones. The study rec- ommended the following speed limits: • Forty-five(45) miles an hour on San Jacinto from IH-10 to West Cedar Bayou Lynchburg; • Forty-five(45) miles an hour on Hunt Road from John Martin to Garth; and • Forty(40) miles an hour on Santavy from San Jacinto to the ATV Access Road. Mr. Macias informed Council the speed limits had gone before the Planning and Zoning Commis- sion and they recommended approval along with Staff. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,363, related to Item 9.b. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber 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. 15,363 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAP- TER 94 "TRAFFIC AND VEHICLES," ARTICLE IV, "SPECIFIC STREET REGU- LATIONS," SECTION 94- 121, SCHEDULE V, "DESIGNATION-- SPEED LIMIT ZONES," COLUMNS "STREETS," "TO," "FROM," AND "MAXIMUM SPEED LIMIT" OF THE CODE OF ORDINANCES TO ESTABLISH PERMANENT MAX- IMUM SPEED LIMITS FOR SANTAVY STREET, HUNT ROAD, AND SAN JACINTO BOULEVARD; ESTABLISHING PRIMA FACIE EVIDENCE THAT SPEED IN EXCESS OF MAXIMUM SPEED LIMITS ARE NOT REASONABLE NOR PRUDENT; PROVING FOR THE INSTALLATION OF SPEED LIMIT SIGNS; PROVIDING AN OFFENSE; PROVIDING A PENALTY; PROVIDING FOR REPEAL; PROVIDING SAVE AND EXCEPTION; PROVIDING FOR SEV- ERABILITY; AND PROVIDING AN EFFECTIVE DATE. 10. NEIGHBORHOOD STREET RECONSTRUCTION PROJECTS a. Consider an ordinance awarding a construction contract to Lucas Construction Com- pany, Inc. for the Reconstruction of Streets in Bay Oaks Harbor and Narcille Street. Public Works and Engineering Assistant Director Michael Leech informed Council the purpose of the item was to approve awarding a contract to Lucas Construction Company to reconstruct seven streets in Bay Oaks Harbor. Mr. Leech exhibited maps and aerial images of the proposed construc- tion.The project went to bid in late 2022, and the City received two bids ranging in the prices from $6 million to $7.146 million. Staff recommended awarding a construction contract to Lucas Con- City Council Regular Meeting Minutes February 9,2023 Page 12 of 23 struction at $6 million with the duration of 450 days. Engineers' recommendation was consistent with Staff and Mr. Leech additionally mentioned the City's good history with Lucas Construction. Council Member Betancourth noted the funding for the project was originally allocated for North Main Street. She supported the change and reassured the public that North Main Street was not done. The City was taking a pause until the contractor for the grooving came back later in the year. A motion was made by Council Member Mike Lester and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,364, related to Item 10.a. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LUCAS CONSTRUCTION COMPANY, INC., FOR THE RECONSTRUCTION OF STREETS IN BAY OAKS HARBOR AND NARCILLE STREET PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH LUCAS CONSTRUCTION COMPANY, INC., FOR THE RECONSTRUC- TION OF STREETS IN BAY OAKS HARBOR AND NARCILLE STREET PRO- JECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIVE MILLION NINE HUNDRED NINETY-NINE THOUSAND NINE HUNDRED NINETY-NINE AND 99/100 DOLLARS ($5,999,999.99); MAKING OTHER PRO- VISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Second Amendment to the Consulting Service Agreement with Binkley&Barfield, Inc.,for Construction Phase Services for the Neighbor- hood Street Reconstruction Project Allenbrook Dr., Edgebrook Dr., Narcille Street and Colby Dr. Public Works and Engineering Assistant Director Michael Leech relayed the item was for the re- quest of a Second Amendment to the Agreement with Binkley and Barfield. The amendment was to provide construction administration services for the Narcille portion of the project that had just been approved by Council. The other portions would be covered by internal City Staff. A motion was made by Council Member Heather Betancourth and seconded by Council Member Mike Lester to approve Ordinance No. 15,365, related to Item 10.b. The vote was as follows: City Council Regular Meeting Minutes February 9,2023 Page 13 of 23 Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber 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. 15,365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH BINKLEY & BARFIELD, INC., FOR ADDI- TIONAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE NEIGH- BORHOOD STREET RECONSTRUCTION PROJECT (ALLENBROOK DRIVE, EDGEBROOK DRIVE,NARCILLE STREET AND COLBY DRIVE); AUTHORIZ- ING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF TWENTY- TWO THOUSAND ONE HUNDRED TEN AND NO/100 DOLLARS ($22,110.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. PROPOSED ORDINANCES a. Consider an ordinance awarding a construction contract to T Construction, L.L.C., for Chambers Commons Lift Station and Gravity Relief Interceptors Project. Public Works and Engineering Director Frank Simoneaux introduced the item to Council. The item was for a joint project with KM Realty to construct a regional lift station and remove four existing lift stations. The regional lift station would allow for the removal of the following lift stations: Texaco, Sonic Drive, Urgent Care, and Julie Ann Villa. The Julie Ann Villa Lift Station needed rehabilitation and upsizing. Thus, the project provided the benefit of not having to recon- struct that and reduced maintenance by removing those other lift stations. According to the agree- ment, KM would pay$3,457,721.10 and the City would pay$3,352,443.10. Mr. Simoneaux ended on the note that Staff recommended approval and the City had received KM's payment for the project. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Mike Lester to approve Ordinance No. 15,366, related to Item 11.a. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber 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 February 9,2023 Page 14 of 23 ORDINANCE NO. 15,366 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,ACCEPTING THE BID OF T CONSTRUCTION L.L.C.,FOR THE CHAM- BERS COMMONS LIFT STATION AND GRAVITY RELIEF INTERCEPTORS PROJECT;AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH T CONSTRUC- TION L.L.C. FOR THE CHAMBERS COMMONS LIFT STATION AND GRAVITY RELIEF INTERCEPTORS PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SIX MILLION EIGHT HUNDRED TEN THOU- SAND ONE HUNDRED SIXTY-FOUR AND 20/100 DOLLARS ($6,810,164.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Consulting Services Agreement with Volkert, Inc., for the North Alexander Traffic Signal Relocation Program Project. Public Works and Engineering Director Frank Simoneaux stated the item was to authorize a Pro- fessional Service Contract with Volkert for the design of the Illumination Plan along Alexander Drive and to replace four traffic signals. He further noted it was in the Capital Improvement Plan (CIP) to replace the illumination poles and signals along Alexander. When the City approached CenterPoint about replacing the poles, the City was told they needed a Maintenance Agreement with the Texas Department of Transportation (TxDOT). However, TxDOT required an illumina- tion design. Thus, the first component of the contract was to provide that illumination design to replace the light poles. The second task was to provide the design for replacing the four traffic signals. As mentioned, it was within the CIP to replace two signals each year along Alexander Drive. However, in FY2022, the City did not complete two signals due to staff turnover. Thus, the item was for four signals. The upgrade of the signals included the replacement of the wiring, traffic cabinets, detection, poles, and cameras. The poles would be moved to locations where they would be less likely to be hit. All poles would be black-powder coded and Staff recommended approval. A motion was made by Council Member Mike Lester and seconded by Council Member Kenrick Griffith to approve Ordinance No. 15,367, related to Item 11.b. However, there was discussion prior to the vote. Council Member Lester and the Mayor expressed their appreciation and discussed how needed it was for the poles to be moved. Mr. Simoneaux additionally noted the City intended to move the light poles in to the median which would also leave room to expand the sidewalks. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes February 9,2023 Page 15 of 23 Nays: None Approved ORDINANCE NO. 15,367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH VOLKERT, INC., FOR SERVICES RELATED TO THE DESIGN AND BID OF IL- LUMINATION PLANS, SIDEWALK PLANS, AND TRAFFIC SIGNAL PLANS FOR FOUR SIGNALS ALONG BUSINESS 146(N. ALEXANDER) FROM SH 146 TO SH 99 FOR THE NORTH ALEXANDER TRAFFIC SIGNAL RELOCATION PROGRAM PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAY- TOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED NINE THOUSAND FOUR HUNDRED THIRTY-SEVEN AND 50/100 DOLLARS($509,437.50);MAK- ING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Proposed ordinance to waive building permit fees for properties affected by storms on January 24, 2023. Planning and Development Services Director Martin Scribner shared the heavy storms on January 24th affected mainly the Wooster Heights area. Thus, Staff proposed to waive any building fees or any other permit fees associated with rebuilding, demolishing, rehabbing, etc. for the next ninety days. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,368, related to Item 11.c. However, there was discussion prior to the vote. Council Member Lester shared the high winds also affected areas in District 6. Mr. Scribner noted a damage assessment had been done that included other areas of the City. City Manager Jason Reynolds offered, if Council so wished, to approve waiving permit fees for buildings outside of the tornado zone. Mayor Capetillo agreed. Mr. Scribner suggested the assessment could help with some of those addresses. Mayor Pro Tern Powell believed the ninety days was too short as nothing was rebuilt within ninety days after Hurricane Harvey. He was okay with approving the item as is, but recommended it be revisited to be extended further. Council Member Alvarado supported that. Mayor Capetillo suggested it be approved as is and Council could revisit based off of the response. Mr. Scribner confirmed Staff could track and map the permit applications. In addition, Staff could compare that against the damage assessment to track progress and make a determination from there. Mayor Capetillo added it would also be helpful for Public Affairs to put information out. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member City Council Regular Meeting Minutes February 9,2023 Page 16 of 23 Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TEMPORARILY WAIVING VARIOUS BUILDING PERMIT FEES FOR STRUCTURES THAT WERE DAMAGED BY SEVERE WEATHER, EXCESSIVE RAIN, HIGH WINDS AND A TORNADO; AND PROVIDING FOR THE PUBLI- CATION AND EFFECTIVE DATE THEREOF. d. Consider an ordinance to adjust the budget for encumbrances carried forward from FY22 and contributions made to Library and Parks. Interim Chief Financial Officer Teresa Mckenzie presented the first proposed budget amendment for FY2023 to Council. Staff anticipated bringing another to Council a year in to true up accounts in preparation for audit. The budget adjustment was a result of encumbrances carried forward for 2022. An encumbrance was commitment created within the approved budget limit for the fiscal year through contracts and purchase orders (PO). The budget adjustment equated to only a 1.75% change to the budget overall. Ms. Mckenzie then provided the following adjustment numbers: General Fund $907,000 Enterprise Fund $1.2 Million Capital Improvement Fund $241,000 Component Unit $1.1 Million Special Revenue Fund $4 Million Total Adjustment to Budget $7 Million Council Member Betancourth, Chairman of the Finance Committee, informed Council the reason for the adjustment was due to an audit finding last year. She thanked Staff for the correction. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,369, related to Item 11.d. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes February 9,2023 Page 17 of 23 ORDINANCE NO. 15,369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN ADJUSTMENT TO THE CITY OF BAYTOWN'S FIS- CAL YEAR 2022-23 BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. PROPOSED RESOLUTIONS a. Consider a resolution to submit a grant application to the United States Department of Transportation (USDOT) Rebuilding American Infrastructure with Sustainability and Equity(RAISE) Program, allowing state and local governments to obtain funding for multi- modal projects with significant local or regional impact. Assistant to the City Manager Brian Moran introduced the item to Council. If approved, the reso- lution would allow the City to submit an application to the United States Department of Transpor- tation's (USDOT) Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program. The proposed project for submission was Segment F of Garth Road which would include roadway and pedestrian improvements for about 1.25 miles from Baker Road to SH-146. The es- timated project cost was $33 million. The City sought the maximum award of the program, $25 million, and there would be a minimum match requirement of 20% towards the total construction cost of the project. Mr. Moran then gave an overview of the application process for the grant. February 28, 2023 Application Due June 28, 2023 Award Notification December2023................................................................................................_..........._..._............_................_..Receive Draft Agreement.................. December 2024/January 2025 Finalize Agreement September30, 2027............................................................................................................................._Funds Obligated...................................... September 30, 2032 Project Completed/Funds Public Works and Engineering Director Frank Simoneaux would discuss the local match with the Capital Improvement Plan (CIP) Committee for the FY2024 funds. Mr. Moran lastly assured the teams that developed the application believed Baytown had an exceptionally compelling project. The project improved drainage, addressed sanitary sewer overflows, improved safety, and better connected the census tracks that had been identified as historically disadvantaged. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Resolution No. 2,824, related to Item 12.a. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber 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 February 9,2023 Page 18 of 23 RESOLUTION NO. 2,824 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 UNITED STATES DEPART- MENT OF TRANSPORTATION (USDOT) REBUILDING AMERICAN INFRA- STRUCTURE WITH SUSTAINABILITY AND EQUITY (RAISE) PROGRAM, WHICH ALLOWS STATE AND LOCAL GOVERNMENTS TO OBTAIN FUND- ING FOR MULTI-MODAL PROJECTS WITH SIGNIFICANT LOCAL OR RE- GIONAL IMPACT, IN THE AMOUNT OF TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00) FOR FUNDING IMPROVEMENTS ASSOCI- ATED WITH PHASE F OF THE GARTH ROAD WIDENING PROJECT; AU- THORIZING A CASH MATCH; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; ASSUR- ING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. 13. DISCUSSIONS a. Discuss and consider for action a direction to the City Manager to designate Juneteenth as an official Employee Holiday in the City of Baytown. Mayor Capetillo prefaced the item expressing his views on designating Juneteenth as an official Employee Holiday in the City of Baytown. He felt it was in line with their community to recognize the holiday and proposed Council consider Juneteenth as a holiday for all City employees. Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac commented that the item was long overdue. He echoed what the Mayor said in that he was in favor of making Juneteenth an official holiday in Baytown and to give City Staff a day off Mayor Capetillo then inquired over the proposed holiday's fiscal impact. City Manager Jason Reynolds replied the hard cost was approximately$140,000. Mayor Capetillo understood the hol- iday could be enacted in the current year. Mr. Reynolds confirmed so, as it could be absorbed within the money that was in the budget. Staff thought they had to make a budget adjustment, but they did not feel that it was necessary. However,Mr. Reynolds noted that could change throughout the year. Council Member Betancourth questioned if the holiday would impact Staff availability for the Juneteenth Festival. The question prompted a discussion over the Juneteenth Festival. If Council wished to make a statement to support the holiday, but also understand that there were many other factors to consider,Mr. Reynolds suggested Staff could have another personal holiday. The personal holiday would come with the understanding that the City had taken action with the intent to recognize Juneteenth as a holiday. Council Member Griffith suggested a holiday swap to mitigate fiscal responsibility. City workers could come up with a consensus on what holiday to trade out. Council Member Lester questioned how many holidays the City and State had. Mr. Reynolds replied the State had thirteen holidays and Interim Assistant City Manager Carol Flynt City Council Regular Meeting Minutes February 9,2023 Page 19 of 23 replied the City had ten holidays plus one personal holiday. Also, Federal employees had eleven holidays. Council Member Lester emphasized there would be a financial impact. He liked the idea of a floating holiday to give employees the opportunity to pick their day off,but it was still a significant impact. The $140,000 could be a small project that could get done, so he requested more infor- mation be provided. Council Member Graham pointed out that City employees could currently use their personal holiday for Juneteenth. Council Member Alvarado added, as long as they continued the Festival on the weekend,employees using their day on Juneteenth would not impact the budget. Council further discussed matters regarding the Festival. Council Member Lester also noted if employees had the day off, they would have to come back in on Saturdays to work the Festival. Mayor Capetillo shared his thoughts which was that the entire City Staff(other than Police, Fire, EMS, and others operating 24/7 as usual)would have that as a holiday. He understood there would be an impact, but the intent was to recognize the holiday officially for Staff Upon further discus- sion, it was noted Staff could provide more information to Council by their first meeting in March. 14. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30,2022. Interim Chief Financial Officer Teresa Mckenzie presented to Council the Quarterly Financial and Investment Reports for the fourth quarter ending September 30, 2022. The General Fund revenue had a marginal increase of 5.4% to $129 million due to an increase in tax revenue and the $3.2 million in settlement proceeds from Fidelis. The City's tax revenue receipt for the year was $22.8 million for property tax and $19.5 million for sales tax. Ms. Mckenzie noted that was in line with the budget. Transfers to the Capital Replacement Fund and Capital Improvement Projects (CIP) increased General Fund expenses by 20%. Ms. Mckenzie relayed that left expenses at $133.8 mil- lion, and the General Fund balance ended at $44.9 million for the year. The Hotel/Motel Tax Fund revenue was $1.5 million and the expenses were at $799,000. Ms. Mckenzie stated that left a fund balance of$2.3 million. The Water and Sewer Fund expenses remained level at$47 million in comparison to last year.The revenue had a slight decrease of 1.8% which brought in $45.5 million and left a working capital balance of$6.8 million. The Sanitation Fund had a slight increase in working capital due to the revenue and expenses netting $24,000. In result,the working capital balance was at$832,000. Both Storm Water Fund revenue and expenses increased around $1.1 million which left an ending working capital balance of$2.6 million. The Aquatics Fund revenue had an increase of$1 million which resulted in$3.9 million. Expenses had decreased by 8% to $3.9 million; however, the working capital was negative by $1.8 million due to the $2.5 million advance from the General Fund. The Streets Fund sales tax revenue in- creased by 7%to$5.1 million,and the expenses increased around$550,000. Ms. Mckenzie relayed that left a balance of$5.9 million. Lastly,the investments for the fourth quarter was at$1.4 million with $230,000 accrued interest. Council Member Betancourth, Chairman of the Finance Commit- tee, encouraged Council to further study the reports. She explained it was critical information and there were items that the Finance Committee felt warranted a deeper discussion with Council. City Council Regular Meeting Minutes February 9,2023 Page 20 of 23 15. CONSENT A motion was made by Council Member Laura Alvarado and seconded by Council Member Ken- rick Griffith to approve Consent Agenda Items 15.a. through 15.g. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber 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 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—Regular(SHSP-R) on behalf of the Police Depart- ment. RESOLUTION NO. 2,825 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 OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE, HOMELAND SECURITY GRANTS DIVISION'S FY2023 STATE HOMELAND SECURITY PROGRAM REGULAR PROJECTS (SHSP-R) ON BEHALF OF THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND AND NO/100 DOLLARS ($95,000.00) FOR THE PURCHASE OF; DESIGNATING AN AUTHORIZED REPRESENTA- TIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing the City Manager to submit an application to the FY2022 Assistance to Firefighters Grant Program on behalf of the Fire Department. RESOLUTION NO. 2,826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY'S FEDERAL EMER- GENCY MANAGEMENT AGENCY(FEMA)FOR THE FY2022 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR THE EXPANSION OF THE BAY- TOWN FIRE DEPARTMENT WELLNESS-FITNESS PROGRAM, WHICH IS MAINTAINED IN ACCORDANCE WITH THE GUIDELINES OF THE FIRE SER- VICE JOINT LABOR MANAGEMENT WELLNESS-FITNESS INITIATIVE(WFI), TO INCLUDE COMPREHENSIVE CANCER SCREENINGS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-EIGHT THOUSAND TWO HUN- DRED AND NO/100 DOLLARS($148,200.00);AUTHORIZING A CASH MATCH City Council Regular Meeting Minutes February 9,2023 Page 21 of 23 IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND EIGHT HUN- DRED TWENTY AND NO/100 DOLLARS ($14,820.00); DESIGNATING AN AU- THORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THERE- FROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing an Interlocal Agreement with Harris County for the Wastewater Epidemiology Surveillance and Testing (WEST) Program. ORDINANCE NO. 15,370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE WASTEWATER EPIDEMIOLOGY SURVEILLANCE AND TESTING (WEST) PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of one (1) Ford F-550 Class 5 Aerial Bucket Truck from CraneWorks. ORDINANCE NO. 15,371 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CRANEWORKS FOR THE PURCHASE OF ONE (1) FORD F-550 CLASS 5 AERIAL BUCKET TRUCK FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT; AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED EIGHTY-FOUR THOUSAND AND NO/100 DOLLARS($184,000.00);MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the First Amendment to the Agreement for Con- sulting Services with Kimley-Horn Associates, Inc. for the IH-10 Lift Station Project. ORDINANCE NO. 15,372 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH KIMLEY-HORN ASSOCIATES, INC., FOR RE- VISED GEOTECHNICAL SERVICES TO DESIGN A MORE FEASIBLE ROUTE FOR THE FORCE MAIN FOR THE IH-10 LIFT STATION PROJECT; AUTHOR- IZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY- FIVE THOUSAND AND NO/100 DOLLARS($65,000.00);AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing a Cooperative Purchasing Agreement with the City of Taylor. City Council Regular Meeting Minutes February 9,2023 Page 22 of 23 ORDINANCE NO. 15,373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF TAYLOR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution approving the City of Baytown Investment Policy in accordance with the Public Funds Investment Act, Section 2256.005(e). RESOLUTION NO. 2,827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND STRATEGY STATEMENT IN ACCORDANCE WITH THE PUBLIC FUNDS IN- VESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 16. MANAGER'S REPORT City Manager Jason Reynolds first reported there would be a free microchipping event sponsored by the Best Friend's Animal Society from 9:00 A.M. to 12:00 P.M. at the Baytown Animal Shelter on February 1Ph. On top of that, he invited everyone to come out on February 18th to the Ribbon Cutting Ceremony at Jenkins Park for the new fitness equipment. Moreover, Mr. Reynolds recognized a few City employees. Neighborhood Protection Officer II Francis Coronado was recognized for earning a bachelor's degree from the University of Houston last month. Vital Statistics Specialist Glenda Bruce was recognized for earning the Exemplary Five Star Award in 2022 by the Texas Department of Health Bureau of Vital Statistics. In addition, Public Works had a team go to the National Equipment Rodeo and all five individuals finished in the top thirty. One team member, Heavy Equipment Operator II Gerald Bryce, came home with the silver which earned him a trip to San Diego to represent the State of Texas. Mr. Reynolds lastly thanked Parks and Recreation Director Clifford Hatch for the annual report. 17. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 of the Texas Government Code to seek the advice of the City's attorneys on pending or contem- plated litigation. At 8:08 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to Sec- tions 551.071 of the Texas Government Code to seek the advice of the City's attorneys on pending or contemplated litigation. At 8:29 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. City Council Regular Meeting Minutes February 9,2023 Page 23 of 23 18. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the February 9, 2023, City Council Regular Meeting at 8:29 P.M. ()( {aYT0 ,41,1-ii4\ Angela Ja 5 son, Cit i ° 4 City of Baytown m � � , i ° `i