2023 03 23 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 23, 2023 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 23, 2023, at 6:33 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 March 23, 2023, City Council Regular Meeting with a quorum pre- sent at 6:33 P.M. All members were present with the exception of the absence of Council Member Heather Betancourth. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Graham. 1. MINUTES A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve the minutes of Items 1.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, Mayor Pro Tern Ja- cob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved a. Consider approving the minutes of the City Council Special Meeting held on March 2, 2023. b. Consider approving the minutes of the City Council Work Session and Regular Meet- ing held on March 9, 2023. City Council Regular Meeting Minutes March 23,2023 Page 2 of 15 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Year of Service. Interim Human Resources Director Joey Lopez presented the item and provided a video presenta- tion of all the individuals that received the Years of Service award for the month of March. 5 YEAR Jason Burlin, City Manager, Executive Assistant David Kirkpatrick, Public Works and Engineering, Field Supervisor 10 YEAR Jina Faith, Parks and Recreation, Education Coordinator Leah Cooper, Police, Telecommunicator Glynda Rosier, Police, Telecommunicator 15 YEAR Sonny Alfred, Police, Mechanic Supervisor 20 YEAR Kevin Eaglin, Fire, Fire Engineer 25 YEAR Yusuf Langelier, Public Works and Engineering, Field Supervisor b. Present a proclamation designating the month of April as Fair Housing Month in the City of Baytown. Mayor Capetillo,accompanied by the Planning and Development Community Development Block Grant(CDBG) Staff,read the proclamation designating April as Fair Housing Month in Baytown. c. Present a proclamation designating April 10-14, 2023, as Community Development Week. Mayor Capetillo,accompanied by the Planning and Development Community Development Block Grant (CDBG) Staff, read the proclamation designating April 10-14, 2023, as Community Devel- opment Week.Mayor Capetillo made note of the depletion of federal funds for the CDBG program throughout the years. He relayed the City had been great stewards and he applauded both staff and the citizens of Baytown. Planning and Development Services Director Martin Scribner noted the program had $80,000 more allotted this year than last year, which was the highest they ever re- ceived. Community Development Supervisor Sharon Rose further specified they had a total of $744,907. 3. PROPOSED TEXT AMENDMENTS TO THE CODE OF ORDINANCES,BAY- TOWN,TEXAS a. Conduct a public hearing concerning proposed text amendments to the Unified Land Development Code (ULDC) to change Section 2.10 Land Use Conditions Table A-52,53 and City Council Regular Meeting Minutes March 23,2023 Page 3 of 15 54, Non-Residential Categories, concerning certain language addressing Vehicle & boat sales, and Equipment sales & rental facilities. At 6:43 P.M., Mayor Capetillo opened the public hearing concerning proposed text amendments to the Unified Land Development Code (ULDC) to change Section 2.10 Land Use Conditions Table A-52, 53 and 54,Non-Residential Categories, concerning certain language addressing vehi- cle and boat sales, and equipment sales and rental facilities. Planning and Development Services Director Martin Scribner summarized the subject matter of the hearing as a text amendment to a condition regarding trailer sales. The amendment would re- move the condition requiring the sale of vehicles and equipment to have a maximum gross weight of thirteen thousand pounds (13,0001bs). As written, the condition presented a challenge to the operations of businesses as well as Staffs ability to enforce those rules. The proposed text amend- ment would keep the original intent of the ordinance and would maintain compatibility with the other uses. It would just provide a simpler way for Staff to determine compliance with the intent of the Code. Mr. Scribner shared staff could not find the specific reasons for the weight limit. They noted sev- eral trailers looked exactly the same, but some were under while others were over the limit. Thus, from a visual perspective, there was no good way for staff to enforce that. The amendment would also give property owners and developers more options for equipment sales while still protecting them against the negative impacts that could result from that type of use. The proposed language would remove the challenge to the operations of those businesses and increased staffs ability to enforce that condition. The Planning and Zoning Commission held a public hearing in February with no public comments and they voted unanimously to recommend the approval of Council. In addition, the amendment would benefit the rezone further along the agenda even though the rezone was not requested specifically for this business. The rezone request made Staff pinpoint the problem with the Code that caused them to find the solution that resulted with this item being presented to Council. The amendment provided clarity to the ordinance and protected the long- term operations of businesses by fixing a practical problem within the Code. With that, Mr. Scrib- ner stated the Planning and Zoning Commission as well as staff both recommended approval. Council Member Griffith asked if the change would apply to existing dealerships or would they be grandfathered in.Mr. Scribner replied that was a trick question. He would say yes to dealerships being grandfathered in except for the fact that Staff had no way of knowing if they were over the weight limit. However, the new Code would be applicable to everyone. If someone was already doing business that did not match that, then Staff would have to evaluate those as they come up. Upon further questioning,Mr. Scribner clarified the original intent was to make sure that the equip- ment sales and trailers were for residential or personal use and not for commercial or industrial uses. Thus, the new condition would state "only non-commercial vehicles... shall be sold, rented, or leased in zoning districts subject to this condition. "Staff changed that and took off the thirteen thousand pounds (13,0001bs) weight limit. He further listed the other changes which Staff would be able to rely on rather than the poundage definition that they did not know where it came from. At 6:50 P.M., Mayor Capetillo closed the public hearing concerning proposed text amendments to the Unified Land Development Code (ULDC). City Council Regular Meeting Minutes March 23,2023 Page 4 of 15 b. Consider an ordinance for the proposed text amendments to the Unified Land Devel- opment Code (ULDC) to amend Section 2.10 Land Use Conditions Table A-52, 53 and 54, Non-Residential Categories, concerning certain language addressing Vehicle & boat sales, and Equipment sales & rental facilities. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Mike Lester to approve Ordinance No. 15,400, related to Item 3.b. However, there was discussion prior to the vote. Mayor Pro Tern Powell thanked Staff for bringing the matter to Council. If they were to find ordi- nances impossible to enforce, he believed those needed to be changed and requested they be brought forward as well. Council Member Lester echoed the sentiment and thanked staff for lis- tening to Council by simplifying ordinances and making them easier to enforce and understand. As they were in the middle of the Unified Land Development Code(ULDC)rewrite,Planning and Development Director Martin Scribner shared Staff considered including the matter in that rewrite. However, staff saw there was a time issue so it was decided to be brought forward to Council now. 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, Mayor Pro Tern Ja- cob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,400 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 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS," SUBSECTION A, "NON-RESIDENTIAL CAT- EGORIES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTI- CLE VI "DEFINITIONS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,TO ADD THE DEFINITION OF "HEAVY EQUIPMENT;"PROVIDING A REPEALING CLAUSE;CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. PROPOSED REZONING OF APPROXIMATELY 28.05 ACRES AT 6720 EAST IN- TERSTATE HIGHWAY 10, LOCATED BETWEEN CROSBY CEDAR BAYOU RD AND SJOLANDER RD a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 28.05 acres at 6720 East Interstate Highway 10, located between City Council Regular Meeting Minutes March 23,2023 Page 5 of 15 Crosby Cedar Bayou Road and Sjolander Road, from Open Space/Recreation (OR) to a General Commercial (GC) Zoning District. At 6:50 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the offi- cial zoning map to rezone approximately 28.05 acres at 6720 East IH-10, located between Crosby Cedar Bayou Road and Sjolander Road, from Open Space/Recreation(OR)to a General Commer- cial (GC) Zoning District. Planning and Development Services Director Martin Scribner summarized the subject matter of the hearing. The item was a rezone request for the property previously described. Mr. Scribner shared the property was annexed in 2017 as OR and the applicant was proposing to rezone to GC to allow for equipment sales along IH-10 Frontage Road. He noted the Future Land Use Map did show the property and the surrounding properties as commercial. The Planning and Zoning Com- mission held a public hearing in February with no comments from the public. However, they did receive three online comments on Baytown Engage which were included in Council's Agenda Packets. Mr. Scribner relayed the Commission unanimously recommended approval as well as Staff Council Member Lester wondered if any of the comments were from the property owner or anyone connected to the business. Mr. Scribner did not believe the commenters were connected to the business and Staff had not received any comments from them specifically. He assured Council that they were given a notice and that they had not attended the public hearing with the Commission. On a separate note, Mayor Capetillo noticed the rezone would have an awkward boundary and inquired for the reason. He wondered if there was perhaps a different landowner by the green space that dissected the property. Mr. Scribner believed so and assumed the owners of that other property would come in at some point if they were to choose to develop their property. At 6:54 P.M., Mayor Capetillo closed the hearing concerning a request to rezone approximately 28.05 acres at 6720 East IH-10 from Open Space/Recreation(OR)to a General Commercial (GC). b. Consider an ordinance to amend the official zoning map to rezone approximately 28.05 acres at 6720 East Interstate Highway 10, located between Crosby Cedar Bayou Road and Sjolander Road,from Open space/Recreation(OR)to a General Commercial(GC)Zon- ing District. A motion was made by Council Member Sarah Graham and seconded by Council Member Mike Lester to approve Ordinance No. 15,401, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Mayor Pro Tem Ja- cob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved City Council Regular Meeting Minutes March 23,2023 Page 6 of 15 ORDINANCE NO. 15,401 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAY- TOWN TO REZONE APPROXIMATELY 28.05 ACRES LOCATED AT 6720 EAST INTERSTATE HIGHWAY 10,BETWEEN CROSBY CEDAR BAYOU ROAD AND SJOLANDER ROAD, LEGALLY DESCRIBED AS TRACT 1A-7,ABSTRACT 683, HARRIS COUNTY,TEXAS, FROM AN OPEN SPACE/RECREATION(OR)ZON- ING DISTRICT TO A GENERAL COMMERCIAL(GC)ZONING DISTRICT;PRE- SCRIBING 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 EFFEC- TIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing a First Amendment to the Interlocal Agreement with Harris County Transit Authority for the Baytown Sidewalk Improvements Phase II Project. Assistant Director of Public Works and Engineering Juan Macias introduced the item to Council as the First Amendment to an Interlocal Agreement with Harris County Transit Authority. The original ordinance, Ordinance No. 15,082, was approved in April 2022 and the agreement was for construction funds for a sidewalk within a half-mile of a bus stop using federal grant funding. The grant had a twenty percent (20%) local match and the lowest bidder came in higher than the orig- inal agreement.Therefore,the amendment would increase the amount of the Interlocal Agreement. The total amount of the revised agreement would be $1,668,282 and the City's portion would be $493,504.26. City Attorney Scott Lemond noted the Legal Department had received the request and went back to review the original ordinance. The Legal Staff realized that Ordinance No. 15,082 was drafted incorrectly. Thus, they would come back at a later date to repeal the original and enter a new ordinance in its place with language similar to the one currently before Council. The original or- dinance made it seem as if the City was paying money to Harris County, so it did not capture the nature of the transaction. Nevertheless, Ordinance No. 15,402 was before Council and ready for approval. Mr. Macias lastly added the City would get more money from them as the City would do twenty percent(20%) and the Harris County Transit Authority would do eighty percent(80%). A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Ordinance No. 15,402, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Mayor Pro Tern Ja- cob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) City Council Regular Meeting Minutes March 23,2023 Page 7of15 Approved ORDINANCE NO. 15,402 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE BAY- TOWN SIDEWALK IMPROVEMENTS PROJECT—PHASE II; ACCEPTING AN INCREASED ALLOCATION OF FEDERAL TRANSIT ADMINISTRATION 5307 FUNDS FROM FIVE-HUNDRED FORTY-SIX THOUSAND SIX HUNDRED TWENTY-SIX AND 81/100 DOLLARS ($546,626.81) TO ONE MILLION ONE HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY- SEVEN AND 24/100 DOLLARS ($1,174,777.24); AUTHORIZING AN INCREASE IN MATCH FUNDS CONTRIBUTED BY THE CITY OF BAYTOWN, TEXAS, FROM ONE HUNDRED THIRTY-SIX THOUSAND SIX HUNDRED FIFTY-SIX AND 70/100 DOLLARS ($136,656.70) TO TWO HUNDRED SEVENTY-THREE THOUSAND EIGHT HUNDRED THIRTY-THREE AND 81/100 DOLLARS ($273,833.81); AUTHORIZING AN INCREASE IN NON-MATCH FUNDS CON- TRIBUTED BY THE CITY OF BAYTOWN, TEXAS, FROM SIXTY-NINE THOU- SAND EIGHT HUNDRED SIXTY-THREE AND 42/100 DOLLARS ($69,863.42) TO TWO HUNDRED NINETEEN THOUSAND SIX HUNDRED SEVENTY AND 95/100 ($219,670.95); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending the lease agreement of approximately 117.12 acres of land to Build Baytown I, LLC, for the development and operation of a public golf course, located generally on the northwest side of Evergreen Road, adjacent to Bay Hill Drive. Planning and Development Services Director Martin Scribner presented the item to Council. The City had leased out the Evergreen property to Build Baytown, LLC, to develop a golf course. Mr. Scribner noted that lease allowed the developer to exercise an option for an additional tract of about eight and a half(8.5) acres. An aerial image of the property was displayed and Mr. Scribner pointed towards the tract's location. He further noted the period to exercise that option ended next month. In order to build potential commercial development, the developer submitted a rezone ap- plication for the tract. Since the land was owned by the City, the City had to give them authoriza- tion to apply for a rezone. He reiterated the authorization would only be for them to apply for the rezone.Any kind of rezone action would still go through the normal process as any other property. Staff spoke with the developer and informed them that the City would like to see the golf course completed before giving them the authorization to move forward with anything else. Considering the timing of the anticipated completion of the golf course, Staff recommended to extend the option period of the contract until January 2024. At that time, the developer could request the rezone of the tract and go through the normal rezone process. The developer had understood the change and was okay with that. Thus, Staff recommended approval of the amendment to the lease contract. Council Member Lester commented it was nice to know the developers were sticking to their plan and simply wanted to have more time. Mayor Capetillo also shared a comment unrelated to the item regarding the fencing. He requested it be evaluated to see if they should keep, fix-up, or remove the fence because he believed it did not compliment the neighborhood and everything else. City Council Regular Meeting Minutes March 23,2023 Page 8 of 15 A motion was made by Council Member Mike Lester and seconded by Council Member Kenrick Griffith to approve Ordinance No. 15,403, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Mayor Pro Tem Ja- cob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING THE FIRST AMENDMENT TO THE LEASE AGREEMENT WITH BUILD BAYTOWN I,LLC,FOR THE DEVELOPMENT AND OPERATION OF A PUBLIC GOLF COURSE TO EXTEND THE LESSEE'S OPTION DEADLINE TO LEASE THE OPTION TRACT; AUTHORIZING THE CITY MANAGER TO DESIGNATE AN AGENT IN ACCORDANCE WITH THE CODE OF ORDI- NANCES, BAYTOWN, TEXAS, APPENDIX A "UNIFIED LAND DEVELOP- MENT CODE," ARTICLE I, DIVISION 3, SECTION 1.18(b); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance extending the time for which The Crossings at Baytown Planned Unit Development(PUD) Detail Plan is valid. Planning and Development Services Director Martin Scribner opened the item recalling The Crossings at Baytown Planned Unit Development(PUD)was approved in May 2021.The Unified Land Development Code(ULDC) stipulated that if nothing had been done on that property in two years from the approval, then it would expire. The ULDC also stipulated that if the PUD expired, then the underlying zoning would take over. In their case, the underlaying zoning of the property was Livable Centers (LC). The project had been delayed for various reasons—none, of which, were economic conditions. The developer had not applied for nor began any development on the project to date. The regulations also state that if an owner desired, they could ask for a one-time extension of twelve(12)months. Mr. Scribner relayed that was what they were asking of Council that night. As there would be questions regarding why the City should allow such an extension, Mr. Scribner provided Council with a few points. From Staffs perspective, the PUD held the developer to the project they presented to the City two years ago. In the underlying zoning of LC, that would not be the case. The PUD also allowed for residential uses that were not allowed in LC by itself. The PUD did also restrict a handful of intense uses that were allowed in LC. If the extension was not approved,it would expire in May and would revert back to the LC zoning. With that,Mr. Scribner relayed Staff recommended approval of the twelve (12)month extension. City Council Regular Meeting Minutes March 23,2023 Page 9 of 15 Mayor Capetillo announced Mr. Bobby Ferguson had signed up to speak. (Zoom) Mr. Ferguson had no further comments and stated he was only present to answer any question from Council. Council Member Lester wondered if it were not to go through in twelve(12)months,was there an option to change the zoning from LC back to something more restrictive? Mr. Scribner answered, yes,the City could at any time initiate a rezone process. Mayor Capetillo agreed and suggested, as he had seen it done before in the past, to direct the City Manager to be the applicant for that. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Ordinance No. 15,404, related to Item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Mayor Pro Tem Ja- cob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXTENDING THE DETAIL PLAN OF THE CROSSINGS PLANNED UNIT DEVELOPMENT DISTRICT; MAKING FINDINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. DISCUSSIONS a. Discuss the revisions to Chapter 74 "Peddlers and Solicitors," of the City of Baytown Code of Ordinances. Mr. Larry Young's Comments Mr. Larry Young introduced himself and relayed he spoke on behalf of Texas Rock Chip. He had spoken to Council back in September and October of last year, and he was now present as a follow up to that process he began six (6) months ago. Texas Rock Chip asked Council to change and update Ordinance No. 9,829 that was designed to prevent parts of the City from turning in to an unregulated flea market. Mr. Young stated that ordinance was not designed to stop or curtail op- erations like his at H-E-B. However,the ordinance had stopped their business as well as the leasing operations of H-E-B. At the earlier meetings, Mr. Young provided Council and the City's Permit Office with solutions to any concern Council may have asked about. Two (2) separate law firms had rewrote and added a small definition to Chapter 74 of the Code for Council's consideration. During the October meeting he attended last year, Council had asked Health Director Tony Gray to come up with suggestions that might satisfy the parties interested in the matter. Mr. Young noted, earlier that week, Mr. Gray presented the first draft of the proposal and they discussed it over the phone. He shared the section called "non-consecutive months" would make it hard for City Council Regular Meeting Minutes March 23,2023 Page 10 of 15 both Texas Rock Chip and H-E-B to continue their business. Mr. Young had told Mr. Gray his company would like to have a six(6)month lease as did H-E-B. Mr. Gray had advised him that he was not opposed to that, but that it was subject to the discussion of Council given the proposals. Health Director Tony Gray's Comments Mr. Gray then clarified the situation and the delay to Council.The matter initially came to Council back in September as an appeal to a denial of a permit. Council upheld the denial and provided comments to Staff who then went back to get more information. Staff came back in October with that, but Council requested additional information that Staff did not have regarding the limit of permits for a property owner. November did not have a normal course for Council Meetings and the election brought two (2) new Council Members. Fast forward to December and January, the City Manager's Office was also new. Mr. Gray understood Mr. Young's frustration and agreed they needed to put the matter to bed and close it which was the purpose of the discussion. The draft Mr. Young referred to was only a template as Council would make the final decision. The purpose of the Open Air Vendor Ordinance when it passed in 2004 was to improve the City's appearance and safety along commercial corridors by reducing and regulating the number of road- side vendors selling miscellaneous merchandise. In the past five years, there had only been thirty- three (33) Open Air Vendor Permits issued. Since the inception of the ordinance in 2004, there had only been one(1) appeal for a permit denial,which was Mr. Young, in September of last year. Mr. Gray then provided more information regarding what did not fall under Chapter 72 of the Code. Essentially,it was a land use permit that was not associated with the sales of food or animals. In their September meeting, it was discussed that Mr. Young had applied and received two (2) permits: one (1) for July and one (1) for August. He had applied again for September, but the ordinance limited property owners to two (2) thirty (30) day permits within a twelve (12) month period. Council agreed to follow the ordinance as Mr.Young was trying to get a third permit within twelve(12)months. Then, Staff did a survey of nearby cities based on that meeting and came back in October. Staff provided that information at the meeting and Mayor Pro Tem Powell asked about the limits of the property owner. Staff did not have that information then, but they did now. Mr. Gray briefly reviewed the survey of neighboring cities on the number of permits they allowed. Council Member's Comments Mr. Gray proceeded to request direction from Council on the length of the permit, the number of permits per person and property within a twelve (12) month period, as well as the fee associated with the permit. Staffs intent was to bring back a revised ordinance for Council's approval at the next Council Meeting if they so choose to change it. Council Member Alvarado first wished to note that they would be setting a standard. If Council were to approve what Mr. Young wanted, any other business that did not sell food or animals and had a lease could be able to do that. Mr. Gray replied that would be correct based on whatever the parameters would be in the ordinance. Council Member Alvarado understood Mr.Young had been waiting for six(6)months and he was due a response. However, she did not want to see mattresses and plants being sold on Garth Road. It would not only be Mr. Young's business, but any other individual that set up an LLC and sold their items. With regard to the delay, City Attorney Scott Lemond added it was not only the Health Department's issue on not having an ordinance for Council to review that day. The Legal Depart- City Council Regular Meeting Minutes March 23,2023 Page 11 of 15 ment did not have the time to get through his draft of the ordinance and they wanted to make sure what was presented was correct. Council Member Alvarado stated she was okay with that. Adding his comment on the matter, Council Member Griffith noted Mr. Young had an agreement with H-E-B and was set up at other H-E-B's in Texas. He believed if the ordinance showed that someone was in good standing with a retailer like H-E-B, then that would help eliminate the farm- ers' market type setting on Garth Road that they were trying to avoid.Yet, Council Member Lester countered anybody that had a commercial business could have an agreement with a business to set up in their parking lot. Yes, Mr. Young was a legitimate vendor, but not all of them will be. As Mr. Gray requested direction, Council Member Lester referenced the survey previously men- tioned and noted two (2) cities had one hundred and eighty (180) days and three (3) cities had about ninety (90) days. Another option was to go down to two (2) sixty (60) day permits a year. He believed somewhere in the middle might be a concept that Council could tolerate. The intent had been to stop the flea market issue on Garth,Alexander,and North Main. However,he believed it may be a different time and they could loosen that up a bit.Although,if Baytown were to become "flea market city" again, Council Member Lester noted they could tighten that right back up. Regarding the ordinance, Council Member Graham questioned if they could just be very specific about what they would allow. The reason she mentioned that was because she often drove to Pas- adena to fix her windshield. She does that because, in Baytown, she knew she would not find the type of vendor she needed down the road. Mayor Pro Tem Powell then voiced that he was in favor of the two (2) sixty (60) day option. He believed there may be some room to relax it a bit, but he did not want to jump to ninety (90) or one hundred eighty(180) days. The sixty(60) days would be a step and they would have a period to assess and decide if another change would be needed. The Mayor's Comments Mayor Capetillo suggested they not allow any Open Air Vendors at all as officers would not be out there to try to distinguish between carpets and Texas Rock Chip. While Mr. Young's business was very needed and legitimate,he did not want Baytown to become a flea market on Garth Road again. Mayor Capetillo stated he would like to see two (2) types of drafts: 1) that eliminates all Open Air Vendors or 2) where the commercial owner would have an agreement with the vendor. However,he cautioned the second suggestion could get sticky as the Council Members mentioned. Upon the request of Mr. Young, Mayor Capetillo allowed him to speak once more. Mr. Young acknowledged the concerns of vendors spreading across the City. He suggested they have vendors put in place$1 million of insurance,as his business does,and have contracts with customers among other things. Those things could be put in the definition and all the other vendors Council was worried about would not be able to show up. Mayor Capetillo acknowledged Mr. Young made valid points, but he wanted to weigh all the options. Regardless, he was still leaning towards not allowing that at all as Council was trying to improve the City and the blight of some areas. 7. CONSENT A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Consent Agenda Items 7.a. through 7.i. The vote was as follows: City Council Regular Meeting Minutes March 23,2023 Page 12 of 15 Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Mayor Pro Tem Ja- cob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved a. Consider an ordinance authorizing a Professional Services Agreement with Carollo Engineering, Inc., for Project Management, Construction Management, and Inspection of the Chambers Commons Lift Station and Gravity Relief Interceptors Project. ORDINANCE NO. 15,405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERING,INC.,FOR PROJECT MANAGEMENT,CONSTRUC- TION MANAGEMENT, AND INSPECTION SERVICES FOR THE CHAMBERS COMMONS LIFT STATION AND GRAVITY RELIEF INTERCEPTORS PRO- JECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED NINETY-FOUR THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($394,950.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. b. Consider an ordinance granting a modified pipeline permit to Wink to Webster Pipe- line LLC for Phase 2 to install one (1) 36-inch pipeline. ORDINANCE NO. 15,406 AN ORDINANCE OF TILE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 15,254 TO MODIFY WINK TO WEB- STER PIPELINE, LLC'S PIPELINE PERMIT NO. 1906, TO INCLUDE PERMIT- TING INSTALLATION OF ONE (1) MODIFIED 36-INCH PIPELINE AND ACCESS THROUGH AND CROSS UNDER GARTH ROAD, WEST BAKER ROAD, WEST CEDAR BAYOU LYNCHBURG ROAD, NORTH MAIN STREET, EAST ARCHER ROAD, AND BARKULOO ROAD, ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE CITY ENGI- NEER TO PERMIT SITE MAPS AND PLANS; PROVIDING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider on ordinance authorizing a Second Amendment with Freese&Nichols,Inc., for the On-Call Construction Management Services Agreement for the City of Baytown CIP projects. City Council Regular Meeting Minutes March 23,2023 Page 13 of 15 ORDINANCE NO. 15,407 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES WITH FREESE AND NICHOLS, INC., TO PER- FORM ON-CALL CONSTRUCTION MANAGEMENT SERVICES FOR CITY OF BAYTOWN CIP PROJECTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY- THREE THOUSAND FIVE HUNDRED FIFTY-FIVE AND NO/100 DOLLARS • ($143,555.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of traffic signal equipment from Consolidated Traffic Controls Inc., using the Co-Op HGAC Buy Contract for the Annual Signal Modernization Project. ORDINANCE NO. 15,408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-FIVE THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($85,750.00) TO CONSOLI- DATED TRAFFIC CONTROLS,INC.,THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT FOR THE ANNUAL SIGNAL MODERNIZATION PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the renewal of the As-Needed Annual Concrete Aggregate Contract with Smart Materials, Inc. ORDINANCE NO. 15,409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF SMART MATERIALS, INC., FOR THE ANNUAL CONCRETE AGGREGATE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. f. Consider an ordinance awarding the Annual Large Meter Testing and Repair of Nep- tune Water Meters Contract to Southern Flowmeter, Inc. ORDINANCE NO. 15,410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SOUTHERN FLOWMETER, INC., FOR THE ANNUAL LARGE METER TESTING AND REPAIR OF NEPTUNE WATER ME- TERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAY- TOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($160,500.00); MAKING City Council Regular Meeting Minutes March 23,2023 Page 14 of 15 OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. g. Consider an ordinance renewing the Annual As-Needed Contract for Food and Sup- plies for the Pirates Bay Water Park and Wayne Gray Sports Complex with Ben E. Keith Company. ORDINANCE NO. 15,411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONTRACT FOR FOOD AND SUPPLIES FOR THE PIRATES BAY WATERPARK AND WAYNE GRAY SPORTS COM- PLEX WITH BEN E. KEITH COMPANY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($240,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing payment to Baker Wotring, L.L.P., for legal ser- vices in connection with United States of America and State of Texas v. City of Baytown; Civil Action No. 4:22-cv-01279, in the United States District Court for the Southern District of Texas, Houston Division. ORDINANCE NO. 15,412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING PAYMENT TO BAKER WOTRING,L.L.P.,FOR LEGAL SERVICES IN CONNECTION WITH UNITED STATES OF AMERICA AND STATE OF TEXAS V. CITY OF BAYTOWN; CIVIL ACTION NO. 4:22-CV-01279, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION, IN AN ADDITIONAL AMOUNT NOT TO EX- CEED THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the Subdivision Settlement Participation Forms for Walmart, Allergan, CVS and Walgreens. ORDINANCE NO. 15,413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING SUBDIVISION SETTLEMENT PARTICIPATION FORMS FOR OPIOID SETTLEMENTS WITH WALMART, ALLERGAN, CVS, AND WALGREENS;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. MANAGER'S REPORT City Manager Jason Reynolds recognized Health Assistant Director James Garcia for being elected President of the Texas Mosquito Control Association. Mr. Garcia also represented Baytown at the City Council Regular Meeting Minutes March 23,2023 Page 15 of 15 American Mosquito Control Association to learn how to get those pesky mosquitos flying around Baytown. On March 5th,the City had another free microchipping event at the Animal Shelter which was sponsored by Best Friends Animal Society. They microchipped one hundred and forty-one (141) animals and ABC 13 News was present to report on the event. Mr. Reynolds lastly recog- nized Heavy Equipment Specialist II Arthur Beaudet and Heavy Equipment Specialist I Daniel Garcia for assisting elderly residents at Clayton Drive over the weekend. 9. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys and/or to deliberate regarding capital improvement project priorities affecting real property. At 7:32 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to Sec- tion(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys and/or to deliberate capital improvement project priorities affecting real property. At 7:51 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 23, 2023, City Council Regular Meeting at 7:52 P.M. ettAio 4 AabW*IFBa Angela J Cit,� lerl City of B`•. own '};, •b1' L 4 _r oi;,1 a's.n-er.oaaTP ���