Loading...
2023 03 09 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 9, 2023 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 9, 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 Tem 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 March 9, 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 Alvarado. 1. MINUTES The minutes of Item l.a. and 1.b.were submitted and transcribed by Assistant to the City Manager Brian Moran. a. Consider approving the minutes of the City Council Retreat, Day 1, held on January 17, 2023. b. Consider approving the minutes of the City Council Retreat, Day 2, held on January 18,2023. Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item. Mr. Isaac noted there was a mistake in the minutes of the City Council Retreat, Day 2, held on January 18, 2023. It had listed Council Member Graham as District One (1) and Council Member Alvarado as District Two (2). Furthermore, Mr. Isaac commented on the priorities Council discussed at the Retreat.He expressed his opposition to the Mayor's priority of moving the election to May as he had never heard that from the Mayor before in public. Further along the agenda, on the City Council's Code of Conduct, Mr. Isaac also expressed his disapproval of no discussion City Council Regular Meeting Minutes March 9,2023 Page 2 of 15 being recorded by the Staff present at the Retreat. Regarding changing the election cycle, he requested Mayor Capetillo give his reasonings and communicate that with the Public. Mayor Capetillo responded to Mr. Isaac's comments by first clarifying that the Retreat was an open meeting. On the priorities, he explained that was an open discussion on different ideas from Council. One of his ideas was moving elections from November to May. The reason was because he had attended an event of an association of City Clerks/Secretaries from Southeast Texas. There, he discovered only Baytown had elections in November amongst that group. Harris County also could not guarantee eSlates at that time and the City did not know if they would have the ability to hold an election. His perspective was to allow citizens to have local government selection elections in May so they were not diluted in the masses that voted in November. Local selections were at the bottom of the ballot and many citizens only vote for the president which diluted the voice of the citizens of Baytown. Thus, moving the election would allow their voice to be heard better. City Manager Jason Reynolds also wished to clarify the Code of Conduct item in the minutes for having no discussion. While it was on the agenda, on day one(1) of the Retreat,the City Attorney gave Council their roles and responsibilities. Mr. Reynolds relayed the Code of Conduct was then covered at that time; therefore, they did not need to cover it again on day two (2). With that, City Attorney Scott Lemond informed Council they could amend the minutes to more accurately reflect what happened. Mr. Reynolds added they could also make the corrections mentioned by Mr. Isaac. A motion was made by Council Member Laura Alvarado and seconded by Council Member Kenrick Griffith to approve the minutes of Items l.a. through 1.c. with corrections to the minutes of Item 1.b., as mentioned. The corrections were to list Council Member Graham as District Two (2) and Council Member Alvarado as District One (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 NOTE: In regards to Item 1.c., no City Council Work Session was held along with the Regular Meeting that took place on February 23, 2023. c. Consider approving the minutes of the City Council Work Session and Regular Meeting held on February 23,2023. 2. PROPOSED REZONING OF APPROXIMATELY 107.82 ACRES OF LAND LOCATED ALONG THE SOUTHERN PORTION OF BLUE HERON PKWY,BETWEEN BARKULOO RD AND CROSBY CEDAR BAYOU RD City Council Regular Meeting Minutes March 9,2023 Page 3 of 15 a. 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. Planning and Development Director Martin Scribner presented the item which had previously been presented to Council last month. Mayor Pro Tern Powell had requested to give the residents of the area more time to absorb the changes made to the Mixed Use(MU) District and also the potential changes to their area. Mayor Capetillo also asked what the buffering might be between the MU zone and the neighborhood to the south. Mr. Scribner answered it would be a twenty (20) foot buffer with an opaque fence as per their standard. He reminded Council the item was to proactively prepare for the development pressures the City was seeing in that area.The recommendations were based on Staff input, online engagement, and a neighborhood open house. Mr. Scribner displayed the proposed Zoning Amendment Map and noted nothing had changed since Council last saw it. Mayor Capetillo announced a citizen, Mr. Gerald Teel, had signed up to speak on the item. Mr. Teel recalled, about a year ago, Council had approved a Mid-Rise Density Mixed Residential Dwellings(MF2)rezone on the north side of Blue Heron. He apologized due to his original project becoming economically unfeasible.Now,they were moving to a fifteen(15)unit,two(2)and three (3) story multifamily project. Mixed Residential at Low to Medium Density (SF2) was what he was trying to move to and the proposed Zoning Amendment Map had MU and SF2 for his area. While he was not sure what MU he would have, Mr. Teel thanked Council for the SF2 rezoning. A motion was made by Mayor Pro Tem Jacob Powell and seconded by Council Member Mike Lester to approve Ordinance No. 15,387, related to Item 2.a. However, there was discussion prior to the vote. Mayor Pro Tern Powell expressed his appreciation for giving residents extra time and he shared the feedback he received throughout the entire process. Overall, he heard two main things: 1) residents did not want apartments which could not go in to MU or SF2; and 2) residents did not want the trees to be cut down. Mayor Pro Tem Powell expressed reluctance with cutting down trees,but they had to allow property owners develop as they saw fit. Nevertheless,he believed the item was moving in the right direction and he was in favor of the rezone as presented. Mayor Capetillo also briefly commented his appreciation for the changes that further restricted the MU Zoning District. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: Council Member Sarah Graham Approved City Council Regular Meeting Minutes March 9,2023 Page 4 of 15 ORDINANCE NO. 15,387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 107.82 ACRES LOCATED ALONG THE SOUTHERN PORTION OF BLUE HERON PARKWAY GENERALL BETWEEN BARKULOO ROAD AND CROSBY CEDAR BAYOU ROAD,AND INCLUDING MULTIPLE PARCELS,ALL WITHIN BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITY (SF2) AND MIXED USE (MU) ZONING DISTRICTS; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 3. PROPOSED ORDINANCES a. Consider an ordinance to change, confirm, and correct the spelling and identifying name for roadways having inaccuracies in name between Harris County and the City of Baytown. Planning and Development Director Martin Scribner introduced the item to Council. In 2019,there was a discrepancy between the spelling of a few streets between the County's records and the City's records. Those items were voted on,but had not been corrected because of Harris County's policy requiring an ordinance. As the City had done a resolution, the item was for housekeeping. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern Jacob Powell to approve Ordinance No. 15,388, related to Item 3.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. 15,388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CHANGING, CONFIRMING, AND CORRECTING THE SPELLING AND IDENTIFYING NAME FOR ROADWAYS KNOWN AS BARKULOO ROAD, STIMSON STREET, DAYTON STREET, M. L. WISMER DRIVE, EDGEWOOD DRIVE, WEST COMMERCE STREET, AND YMCA DRIVE TO FORMALLY ESTABLISH SAID NAMES AS THE OFFICIAL ROADWAY City Council Regular Meeting Minutes March 9,2023 Page 5of15 NAMES; PROVIDING FOR THE IMPLEMENTATION BY THE DIRECTOR; PROVIDING FOR SAVE AND EXCEPTION; PROVIDING FOR CONFLICT, PROVIDING FOR REPEAL; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. b. Consider an ordinance authorizing the Memorandum of Understanding with Orion Engineered Carbons, LLC for the implementation framework for disannexation and an Industrial District Agreement. Planning and Development Director Martin Scribner relayed the item was for a proposed Memorandum of Understanding (MOU) between the City and Orion Engineered Carbons, LLC. It was an aid for Orion in their purchase of thirteen and a half(13.5) acres from Chevron. It was fully within the City's corporate limits and their intent was to develop a chemical byproduct processing plant. The investment would be around $30 million over the next three(3)to three and a half(3.5) years. In order to accomplish their endeavors, Orion intended to petition the City to disannex their property. The disannexation would then allow the City to pursue an Industrial Agreement (IDA). However, the MOU in question was to communicate the City's intent to continue those conversations. Mr. Scribner stated it did not obligate the City to complete the disannexation or the IDA. It was meant to give Orion a sense of comfort for going through the purchase of the property itself. Mayor Capetillo requested for Staffs opinion as he shared his projections of citizens' concerns with the chemical processing plant. City Manager Jason Reynolds first responded with a bit of history on the item. With regard to the Mayor's question, he replied Staff was split as it was both a good and bad thing. It was good on an economic development aspect because it was a large entity that would employ a lot of people in Baytown and would also bring additional development. Mr. Reynolds reported they had extensive conversations on what the chemicals would be. Orion had provided the City with a Texas Commission on Environmental Quality (TCEQ) permit for their La Porte location. Staff was split due to the question of what would be the benefit of disannexating. Upon further questioning, Mr. Reynolds noted that because of other economic development aspects,he was limited on what he could say. On a question about the current zoning,Mr. Scribner replied the front portion of the property was zoned General Commercial(GC)and the rear portions were zoned Low Density Single-Family(SF1). He additionally noted the property adjacent to the West was recently rezoned to GC, so the entire forty(40) acres were GC. The classification for a chemical processing plant would fall in to Industrial. Mayor Capetillo expressed that was an issue for him which Council Member Lester echoed as he posed a few questions of his own. Mr. Reynolds summarized the bad was that there would be a donut-hole on IH-10 with everything surrounding it being annexed. The property would also go back to being annexed in to the City after the seven (7) year IDA expired. He alternatively suggested they could pursue a Pilot Agreement which was roughly an IDA for industry within City limits. Council requested more information on that and the bigger picture. Mayor Capetillo commented he supported having along the frontage more administrative functions like an office setting. Also, if the City wanted residential properties to develop in that area, he did not think the chemical plant would help that effort. City Council Regular Meeting Minutes March 9,2023 Page 6 of 15 A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura Alvarado to table Item 3.b. for ninety(90) days. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham,Council Member Kenrick Griffith,Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Abstained) Approved c. Consider an ordinance awarding a construction contract to Sequeira Civil Construction, LLC for the Garth Road Reconstruction Project - Water/Wastewater Phase A& B Utility Relocation. Public Works and Engineering Director Frank Simoneaux explained to Council that the item was for the first construction contract related to the Garth Road widening project. The proposed contract was for the relocation of the City's water and wastewater lines along Garth Road between IH-10 and North Road. The City needed to move those utility lines so they would not be under the proposed pavement. Mr. Simoneaux stated the work would relocate those lines and auxiliary structures to prepare for the widening of Garth Road. Staff anticipated that would come after the utility relocation. The contractor would have two hundred and sixty (260) days to complete the work and there had been one bidder on the project. Staff recommended approval of the item awarding the construction contract to Superior Civil Construction for the amount of$7,881,593. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,389, related to Item 3.c. However, there was discussion prior to the vote. If approved, Mayor Pro Tem Powell wondered how quickly the contractor would get started. Mr. Simoneaux replied it generally took a month or two to get the contract signed, have a pre-construction meeting, and to get them onsite. He anticipated that would be no sooner than two months. 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 Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes March 9,2023 Page 7 of 15 ORDINANCE NO. 15,389 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SEQUEIRA CIVIL CONSTRUCTION, FOR THE GARTH ROAD RECONSTRUCTIONWATER/WASTEWATER PHASE A & B UTILITY RELOCATION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH SEQUEIRA CIVIL CONSTRUCTION,LLC, FOR THE GARTH ROAD RECONSTRUCTION — WATER/WASTEWATER PHASE A & B UTILITY RELOCATION PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF SEVEN MILLION EIGHT HUNDRED EIGHTY-ONE THOUSAND FIVE HUNDRED NINETY-THREE AND NO/100 DOLLARS ($7,881,593.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding a Professional Services Agreement with Ardurra Group, Inc., for the East District Wastewater Treatment Plant Rehabilitation Phase 2 Project. Public Works and Engineering Director Frank Simoneaux relayed the item was related to the second phase of the renovations at the East District Wastewater Treatment Plant. Phase One (1) and Two (2) were both funded by Community Development Block Grants (CDBG). Mr. Simoneaux noted Phase One(1) was about to start bidding and Staff was ready to start the design of Phase Two (2). He further expanded on Phase Two (2) which included the replacement of chemical feed,blower and press buildings,pumps, electrical equipment, lighting, fencing, and the lift station.The total grant amount for Phase Two(2)was approximately$32 million and it covered one hundred percent (100%) of the design contract. The design contract was $3,375,877 and was expected to take sixteen (16) months. Mr. Simoneaux lasted shared Staff recommended approval of the item. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Mike Lester to approve Ordinance No. 15,390, related to Item 3.d. 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 ORDINANCE NO. 15,390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT City Council Regular Meeting Minutes March 9,2023 Page 8 of 15 WITH ARDURRA GROUP, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT REHABILITATION PHASE 2 PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS ($3,375,877.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REPORTS a. Present the 2022 Racial Profiling Report. Police Chief John Stringer presented the 2022 Racial Profiling Report to Council. During 2022, the Baytown Police Department (BPD) conducted eleven thousand and sixty-one (11,061) traffic stops at which racial profile data was collected in accordance with State Law. In ten thousand one hundred and eighty-eight (10,188) of those events, the race of the person was not known prior to the stop. Searches, be they are consensual or non-consensual, were conducted four hundred and fifty-four (454) times or four percent (4%) of the total encounters prior to arrest. Six hundred fifty-three (653) searches were not conducted until after an arrest on another probable cause, warrant of arrest,or as an inventory for property entered for safekeeping or evidence. Arrests made in result of those encounters were seven hundred and eighty-two (782) or seven percent (7%) of the total stops. Chief Stringer then provided and walked through the following racial profiling comparative analysis graph: 2022 COMPARISON OF CITY DEMOGRAPHICS TO TRAFFIC STOPS ■Baytown Demographics ■Traffic Stop Demographics 50.80% 38.27% 29.70% 33.52% ° 26.72/° 16.30% 1.40% 1.13% 0.30% 0.36% Hispanic/Latino Caucasian African American Asian/Pacific Islander Alaskan Native/American Indian Chief Stringer stated those were all the categories BPD was required to report and the State did not differentiate any further in to racial categories. According to census estimates, Baytown's Hispanic proportion increased from 2021 to 2022. Conversely, Caucasian and African American populations declined in Baytown during that same period. All other demographics remained relatively the same. Likewise, traffic stop percentages mirrored that same change in the City's demographics. Comparing 2022 to 2021 statistics, the percentage of traffic stops within the Hispanic population increased while Caucasian and African American populations decreased. Also, for both years, traffic stops within all other demographics closely resembled their populations' proportions. City Council Regular Meeting Minutes March 9,2023 Page 9 of 15 Upon review of the data presented in the report and regular review of body cameras and recordings by supervisory Staff, they had not found any evidence indicating that BPD nor any individual personnel within the Department had engaged in racial profiling behavior. The complete report was submitted to the Texas Commission on Law Enforcement(TCOLE)per State Law in January. Chief Stringer relayed the report was available on TCOLE's website which he provided to Council. 5. DISCUSSIONS a. Receive and discuss a presentation regarding the new Utility Billing software from Tyler Technologies. Information Technology Services (ITS) Director Ed Tomjack introduced the item on the presentation of the new Utility Billing software. Mr. Tomjack first noted that Staffs intention was to go live with the software on March 27th. Council had approved the purchase of MUNIS UB software in March 2020. Mr. Tomjack acknowledged three (3) years was a long time; however, the City had gone through a pandemic and all the related issues with that. The primary reason for the purchase was for better customer management, reporting, billing operations, and hub-type features. To announce the change to the public, notifications would be given through the newspaper and also bill backers which had gone out to customers on their last bill. In addition,the City would put out a direct mailer to all citizens with their Account Customer ID so they would know how to subscribe to the system. Their website would have information as well as their social media per the Public Affairs Department. With that, Mr. Tomjack introduced the core team that had been with the project since its inception: Utility Billing Manager Marcus Curry, Utility Billing Coordinator Arleen Doucet, Meter Operations Supervisor Alfred Lopez, and ITS System Administrator Levi Masterson. Mr. Curry then demonstrated and walked through the customer portal with Council. For service requests,Council Member Alvarado questioned if the customer portal had the function to see the status on that. Mr. Curry confirmed it did. Council Member Betancourth questioned if there was a landlord feature for people who owned multiple properties and were having to turn utilities on and off. Did it have such feature that would not have them reapply for the service? Mr. Curry replied not on the customer portal, but that was possible on the City of Baytown's website. Council Member Lester wished to clarify if the new portal would be optional considering he had many constituents that had difficulties with technology. Mr. Curry confirmed it was optional. Mayor Capetillo inquired if citizens were on the automatic bank draft, could they also opt out of paper bills and only receive an e-bill, text, or email? Mr. Curry answered they could. Mayor Capetillo then encouraged Council to consider ways for people with automatic drafts and that opted out of paper billing to have cost savings. He wanted to pursue those types of activities maybe in the next budget year and he requested additional data points be provided for that. Regarding those that opted to go all paperless and the City were to send a notice out on paper utility bills, Council Member Lester questioned if they would get that notification via their email systems or whatever the case may be. Mr. Curry confirmed so and assured that those citizens would be notified. City Council Regular Meeting Minutes March 9,2023 Page 10 of 15 b. Discuss and consider for action a direction to the City Manager to designate Juneteenth as an official Employee Holiday in the City of Baytown. City Manager Jason Reynolds explained the item designating Juneteenth as an official Employee Holiday was brought back because it had previously been tabled. He respectfully requested that they discuss the matter through the budget process if Council would be okay with that. Mayor Capetillo stated that would be perfectly fine. However, he commented that he had brought the matter forth for consideration because he was told that they may be able to accommodate that for the current budget year. He would still be happy if they established it and then look at it further in the budget for 2024. Nonetheless, he believed it was the right thing to do and that they should at least pursue it weighing all their options before they made a decision. 6. CONSENT A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 6.a. through 6.j. 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 the purchase of Overhead Illuminated Street Name Signs for the Annual Signal Modernization Project from ACP International d/b/a SA-SO using a BuyBoard Cooperative Purchasing. ORDINANCE NO. 15,391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-TWO THOUSAND SIX HUNDRED EIGHTY-THREE AND 85/100 DOLLARS ($92,683.85) TO ACP INTERNATIONAL D/B/A SA-SO, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF OVERHEAD ILLUMINATED STREET NAME SIGNS FOR THE ANNUAL SIGNAL MODERNIZATION PROJECT FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc., for the Wayne Gray Sports Complex, Turf and Parking Improvements Construction Project. City Council Regular Meeting Minutes March 9,2023 Page 11 of 15 ORDINANCE NO. 15,392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN ASSOCIATES, INC., FOR THE DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE WAYNE GRAY SPORTS COMPLEX, TURF AND PARKING IMPROVEMENTS CONSTRUCTION PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY-SEVEN THOUSAND AND NO/100 DOLLARS ($67,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing Change Order No. 3 to the Roseland Park Pavilion Project between City of Baytown and Cox Commercial Construction, LLC. ORDINANCE NO. 15,393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 TO THE ROSELAND PARK PAVILION PROJECT WITH COX COMMERCIAL CONSTRUCTION, LLC, IN AN AMOUNT NOT TO EXCEED TWENTY-NINE THOUSAND TWO HUNDRED SIXTY-TWO AND NO/100 DOLLARS ($29,262.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the annual renewal of Tyler Incode software through the Sourcewell Cooperative Contract Program. ORDINANCE NO. 15,394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF EIGHTY-TWO THOUSAND FOUR HUNDRED NINETY-FIVE AND 87/100 DOLLARS ($82,495.87) TO TYLER TECHNOLOGIES, INC., FOR THE ANNUAL RENEWAL OF TYLER INCODE SOFTWARE, THROUGH THE SOURCEWELL COOPERATIVE CONTRACT PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a Supplement to the Section 212 Agreement with Enterprise Products Operating, LLC. ORDINANCE NO. 15,395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A SUPPLEMENT TO THE SECTION 212 AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING, LLC, FOR THE FRAC XII PROPERTY; REMOVING SUCH PROPERTY LOCATED City Council Regular Meeting Minutes March 9,2023 Page 12 of 15 WITHIN THE CITY OF BAYTOWN'S EXTRATERRITORIAL JURISDICTION FROM BAYTOW INDUSTRIAL DISTRICT NO. 2; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF, f. Consider an ordinance awarding a professional services agreement with HR Green for the development of a Broadband Needs Assessment& Master Plan. ORDINANCE NO. 15,396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC., FOR THE DEVELOPMENT OF A BROADBAND NEEDS ASSESSMENT AND MASTER PLAN FOR THE CITY OF BAYTOWN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINE THOUSAND ONE HUNDRED FIFTY AND NO/100 DOLLARS ($109,150,00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of twenty(20)bullet-resistant shields procured through Galls Inc., through a BuyBoard contract for the Police Department. ORDINANCE NO. 15,397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY-TWO THOUSAND TWO HUNDRED EIGHTY-TWO AND 40/100 DOLLARS ($152,282.40) TO GALLS, LLC, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF TWENTY (20) BULLET-RESISTANT SHIELDS FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the sole-source purchase of an upgrade to Police Dept Andros Spartan Robotic Platform from Remotec,Inc.,for the Police Department Bomb Squad. ORDINANCE NO. 15,398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF TWO HUNDRED FORTY-FIVE THOUSAND FIVE HUNDRED SEVEN AND NO/100 DOLLARS ($245,507.00)TO REMOTEC, INC.,FOR THE SOLE-SOURCE PURCHASE OF AN ANDROS SPARTAN ROBOTIC PLATFORM UPGRADE FOR THE POLICE DEPARTMENT BOMB SQUAD; MAKING OTHER PROVISIONS City Council Regular Meeting Minutes March 9,2023 Page 13 of 15 RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the sole-source purchase of a new Andros Spartan Robotic Platform from Remotec, Inc.,for the Police Department Bomb Squad. ORDINANCE NO. 15,399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF THREE HUNDRED EIGHTY THOUSAND THREE HUNDRED SEVENTY-THREE AND NO/100 DOLLARS ($380,373.00) TO REMOTEC, INC. FOR THE SOLE-SOURCE PURCHASE OF A NEW ANDROS SPARTAN ROBOTIC PLATFORM FOR THE POLICE DEPARTMENT BOMB SQUAD; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution appointing authorized representatives to execute supply agreements with retail electric providers. RESOLUTION NO. 2,830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING AUTHORIZED REPRESENTATIVES TO EXECUTE SUPPLY AGREEMENTS WITH RETAIL ELECTRIC PROVIDERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider two (2) appointments to the Board of Adjustment. For the two (2) appointments to the Board of Adjustment, Council Member Griffith nominated Mr. Jeff Walters and Council Member Betancourth nominated Mr. Roy Chowdhury. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Heather Betancourth to approve the two (2)nominated individuals mentioned as the appointments to the Board of Adjustment. 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 City Council Regular Meeting Minutes March 9,2023 Page 14 of 15 b. Consider two (2) appointments to the Baytown Housing Authority. Mayor Capetillo relayed the two (2) individuals for consideration of the appointments to the Baytown Housing Authority were Mr. B.J. Simon and Ms. Elizabeth Matthew. It was noted that the attendance of both individuals were remarkable and that they were very engaged with the Board. Thus, he requested a motion for the approval of those individuals to continue in their capacity. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve the two(2)reappointments of the individuals mentioned to the Baytown Housing Authority. 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 8. MANAGER'S REPORT City Manager Jason Reynolds used the time in his report to thank the Information Technology Services (ITS) Department Director Ed Tomjack, his team, and the Finance Department for working on the new Utility Billing software.He additionally complimented Public Affairs Director Thomas Reeves and his team for getting the new Baytown Voice magazine out. 9. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071(2) to consult with the City's attorney, and/or Section 551.087 to deliberate regarding economic development negotiations. At 7:22 P.M.,Mayor Capetillo recessed and convened in to an executive session pursuant to Texas Government Code, Section 551.071(2) to consult with the City's attorney, and/or Section 551.087 to deliberate regarding economic development negotiations. At 8:08 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. 10. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the March 9, 2023, City Council Regular Meeting at 8:09 P.M. City Council Regular Meeting Minutes March 9,2023 Page 15 of 15 Angela Ja son, City Clerk City of Baytown A.t oF �•6ro , nay � i..