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2023 04 13 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 13, 2023 The City Council of the City of Baytown, Texas,met in a Regular Meeting on Thursday,April 13, 2023, at 6:32 P.M. in the Council Chamber of the Baytown City Hall at 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 Raquel Martinez Deputy City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the April 13, 2023, City Council Regular Meeting with a quorum pre- sent at 6:32 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Griffith. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meet- ing held on March 23, 2023. As there was no Work Session meeting held on March 23, 2023, Council proceeded to approve the minutes of only the Regular Meeting. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve the minutes of the City Council Regular Meeting held on March 23, 2023, as submitted. However, there was discussion prior to the vote. Council Member Betancourth stated she would abstain since she was not present at the meeting. 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 Tem Ja- cob Powell, and Council Member Mike Lester Nays: None City Council Regular Meeting Minutes April 13,2023 Page 2 of 18 Other: Council Member Heather Betancourth(Abstained) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. The City of Deer Park Mayor Mouton would like to recognize the City of Baytown and Staff for the cleanup efforts from the January 24, 2023, tornado destruction that was left behind. The City of Deer Park Mayor Jerry Mouton introduced himself and Assistant City Manager of Deer Park Sara Robinson. Mayor Mouton shared his account of the January 24, 2023, tornado incident and highlighted the fact that neighbors and cities had helped each other out. Baytown had been one of those cities that sent resources to Deer Park after the tornado. For that reason, what typically would have taken months to clean up was condensed to weeks. Mayor Mouton presented a plaque to Council to express how much Deer Park appreciated Baytown's help and resources. While he hoped the City of Baytown never had a scenario where they would need help, Mayor Mouton relayed the City of Deer Park would be there. He then passed the floor to Ms. Robinson. Ms. Robinson shared it was incredibly meaningful for them that while the City of Baytown dealt with their own response to the disaster, they recognized the impact it had on Deer Park and sent resources. Their City would not have had the type of response they had in ten (10) days if all of their neighboring cities, including Baytown, had not shown up to help. She thanked Mayor Cape- tillo, Council, Staff, and the Baytown community for sharing their resources. In response, Mayor Capetillo credited Administration and the Public Works and Engineering Department Staff. Before closing the item, Mayor Mouton and Ms. Robinson took a picture with Council and Staff present- ing their plaque of appreciation. b. Present a proclamation designating April 9-15, 2023, as National Public Safety Tele- communicators Week. Mayor Capetillo, accompanied by Police Chief John Stringer and his Telecommunicator Staff, read the proclamation designating April 9-15,2023, as National Public Safety Telecommunicators Week in the City of Baytown. Public Information Officer Sonya Clauson with the Greater Harris County 9-1-1 Emergency Network was present at the meeting and shared a few words. Their net- work serviced all of the greater Harris County and Fort Bend County areas, and Baytown's 9-1-1 center was one (1) of their thirty-seven (37) call centers. Ms. Clauson expressed her pride for all of their telecommunicators and thanked the City of Baytown for recognizing those valuable folks. 3. PROPOSED TEXT AMENDMENTS TO THE CODE OF ORDINANCES, BAY- TOWN,TEXAS a. Conduct a public hearing concerning a proposed text amendment to the Unified Land Development Code (ULDC) to move landscaping standards from Chapter 18 of the Code of Ordinances to Appendix-A—Unified Land Development Code. City Council Regular Meeting Minutes April 13,2023 Page 3 of 18 At 6:52 P.M., Mayor Capetillo opened the public hearing concerning a proposed text amendment to the Unified Land Development Code (ULDC) to move landscaping standards from Chapter 18 of the Code of Ordinances to Appendix-A—Unified Land Development Code. Planning and Development Services Director Martin Scribner summarized the subject matter of the hearing. Last year, in an effort to get ready for the full update to the ULDC and to make regu- lations easier to navigate, Staff moved everything development-related in to the ULDC. A couple of things got shuffled around and an item they missed were minor landscaping requirements in Chapter 18. Mr. Scribner clarified they were not asking to change anything substantial, only to move that to another place in the ULDC. A public hearing was held by the Planning and Zoning Commission in February with no comments from the public. The Commission subsequently rec- ommended approval. At 6:54 P.M., Mayor Capetillo closed the public hearing concerning a proposed text amendment to the Unified Land Development Code (ULDC) as discussed. b. Consider an ordinance concerning a proposed text amendment to the Unified Land Development Code (ULDC) to move landscaping standards from Chapter 18 of the Code of Ordinances to Appendix-A-Unified Land Development Code. Upon opening the item, Mayor Pro Tern Jacob Powell called attention to the Existing Tree Caliper Chart under Section 3.10.5. "Landscaping requirements."The second line of the chart listed"Over 6-12 inches," and he believed the "over" was not needed. Planning and Development Services Director Martin Scribner explained that had been a typo and assured it would be corrected on the ordinance. A motion was made by Mayor Pro Tem Jacob Powell and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,414, related to Item 3.b., with corrections to the Existing Tree Caliper Chart under Section 3.10.5. "Landscaping requirements."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. 15,414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AMENDING,APPENDIX A"UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 3 "NON-RESIDENTIAL ZONES," SECTION 3.10.5 "LANDSCAPING REQUIRE- MENTS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING APPENDIX A"UNIFIED LAND DEVELOPMENT CODE,"ARTICLE III"DESIGN AND COMPATIBILITY STANDARDS," DIVISION 3 "NON-RESIDENTIAL City Council Regular Meeting Minutes April 13,2023 Page 4 of 18 ZONES," SECTION 3.10.7, "OFF-STREET PARKING AND OPEN SPACE AR- EAS," SUBSECTIONS (B) AND (H), OF THE CODE OF ORDINANCES, BAY- TOWN, TEXAS; DELETING CHAPTER 18, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE XIV, "LANDSCAPING," SECTION 18-1205, "LANDSCAPING REQUIREMENTS," OF THE CODE OF ORDINANCES, BAY- TOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAV- INGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing a limited variance to Section 6-2 of the Code of Ordinances, to allow Chapala Jalisco Taqueria, a restaurant located at 1200 Market Street, to sell alcohol for on-premises consumption within 300 feet in a direct line from the property line of a public school located at 1415 Market Street, Baytown,Texas. Deputy City Clerk Raquel Martinez introduced the item to Council. The City Clerk's Office re- ceived from Mr. Teodocio Lopez a Texas Alcoholic Beverage Commission (TABC) Pre-Qualifi- cation Application Packet for an existing restaurant named Chapala Jalisco Taqueria. Upon receiving a review of the application, Code Enforcement determined their location failed to meet the distance requirements outlined in the City's Code. Section 6-2 of the Code of Ordinances re- quired the sale of alcohol to be three hundred (300) feet from schools, daycares, and hospitals. As shown on the map displayed before Council, the restaurant's location was about one hundred and ten(110)feet directly across Bicentennial Park.The park was owned by Goose Creek Consolidated Independent School District(GCCISD) and also housed IMPACT Early College High School. The item was presented to Council because Mr. Lopez filed a request for a variance under Section 109.33 of the Texas Alcoholic Beverage Code with the City Clerk's Office for the denial of his application.As his variance request impacted GCCISD,the City Clerk's Office sent them a written notice of the variance request. GCCISD Superintendent Dr. Randy O'Brien notified the City Clerk's Office that they do not object to the variance being issued to Mr. Lopez for his business. Ms. Martinez relayed Staff had no position on whether or not to grant the variance in question. However, Staff was responsible for enforcing the rules and regulations as approved by Council. Therefore, at that point in time, the location did not comply with the City's Alcohol Code. Mayor Capetillo wished to clarify that the measurements taken had been property line to property line. Thus, the restaurant was one hundred and ten (110) feet from Bicentennial Park and two hundred and seventy-seven (277) feet from IMPACT Early College High School. Ms. Martinez confirmed that was correct. City Manager Jason Reynolds also confirmed Dr. O'Brien had called him regarding the School Board submitting their letter of approval.Dr. O'Brien wished for Council to know that they were okay with businesses that were fifty-one percent (51%) or more in food sales.They did not advocate for anything that was fifty-one percent(51%)or more in alcohol sales. Council Member Alvarado shared her concerns on alcohol applications near schools, but she ap- preciated GCCISD submitting a letter of support since they would be the ones impacted. She also liked the fact that it would be a limited variance. If the restaurant was no longer there, then the alcohol permit would be invalidated. With all those considerations, Council Member Alvarado stated she would be comfortable with that. City Attorney Scott Lemond confirmed the permits City Council Regular Meeting Minutes April 13,2023 Page 5 of 18 were by landowner. If there was a change in ownership,then the permission died. Mayor Capetillo presumed that the variance would follow the applicant. Mr. Lemond confirmed that was correct. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,415, related to Item 4.a. The vote was as fol- lows: 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. 15,415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING A VARIANCE TO SECTION 6-2 OF THE CODE OF OR- DINANCES, CITY OF BAYTOWN, TEXAS, TO CHAPALA JALISCO TAQUERIA,A RESTAURANT LOCATED AT 1200 MARKET STREET,TO SELL ALCOHOL FOR ON-PREMISES CONSUMPTION WITHIN 300 FEET IN A DI- RECT LINE FROM THE PROPERTY LINE OF A PUBLIC SCHOOL LOCATED AT 1415 MARKET STREET, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Discuss and consider revisions to Chapter 74, "Peddlers and Solicitors," of the City of Baytown Code of Ordinances. Health Director Tony Gray introduced the item as a follow-up to their last meeting on March 23''d in reference to the Open Air Vendor Ordinance in Chapter 74 of the Code of Ordinances. At that meeting, Staff had been directed to provide two (2) drafts to Council. The first draft was to elimi- nate all Open Air Vendors. Mr. Gray relayed that would be easier to enforce, eliminated flea- market-type vendors, and it supported brick-and-mortar commercial business that had a Chief Fi- nancial Officer(CFO). The only consequence was that it would eliminate all Open Air Vendors. The second draft Council requested was to expand the length of their permit to two (2) non-con- secutive sixty(60) day permits. In effect, it would double the vendors' amount of sale time as the City currently had two (2) thirty (30) day permits within a twelve (12) month period. Mr. Gray relayed that would be a benefit to the vendor and property owner. A potential consequence to the City would be that certain flea-market-type of vendors that qualified and met all the requirements could be issued a permit and would have a longer time to sit out. Another consequence was that it would also be difficult to enforce with their current permit. Mr. Gray believed the Baytown Police Department (BPD) would be the most effective department to regulate those non-permitted ven- dors. City Council Regular Meeting Minutes April 13,2023 Page 6 of 18 Mayor Capetillo noted special events, such as their 4th of July and Christmas Parade,had vendors that sold things to kids and it was not his intention to eliminate that. As those vendors walked down the street and did not set up somewhere to sell their things, Mr. Gray explained that was a different scenario. The City had an Ad Hoc Committee made of different departments that looked at third-party permits that did not fall anywhere. He assured Council that the Committee would make sure to not eliminate those vendors that were mobile,so to speak,at parades or similar events. Council Member Lester additionally noted special events were associated with the Parks and Rec- reation Department, and vendors were typically permitted through their event permitting process. Council Member Graham wondered if business owners would still be allowed to host their own farmers-market-type of event in their parking lots. Mr. Gray replied that would be best addressed through the Ad Hoc Committee because that type of event did not fit any of their permits at that time. On a separate note, Council Member Alvarado wished to discuss Staffs bandwidth on en- forcement. Mayor Capetillo suggested it would be easy to enforce as vendors would be easily identified if Council chose to not allow any Open Air Vendors. Council Member Betancourth then recalled and recounted the case with Texas Rock Chip. For that reason, she leaned more towards not allowing any open air peddles and solicitors because of the lack of consistency and fairness. With that, Mayor Capetillo entertained a motion for either of the options presented to be approved. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve the revisions to Chapter 74, "Peddlers and Solicitors," of the City of Baytown Code of Ordinances to not allow any peddlers and solicitors. 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 c. Consider an ordinance awarding a construction contract to MBN Enterprises, LLC, for the Baytown Sidewalk Phase II Project. Civil Design Engineer Juan Macias presented the item regarding awarding the contract to the Bay- town Sidewalk Phase II Project.The project consisted of constructing approximately twenty-thou- sand and six-hundred (20,600) linear feet of a five (5) foot wide sidewalk along with pedestrian rams and replacing any driveways to meet the Americans with Disabilities Act (ADA) require- ments. Mr. Macias stated the project would take place in the following three (3) areas of the City: 1) West Cedar Bayou Lynchburg Road from Garth Road to Main Street; 2) Lee Drive from Stella Street to West Main Street, which included a section of West Main Street from Lee Drive to Allman Street; and 3) Decker Drive from West Baker Road to Rollingbrook Drive, which included a section of West Baker Road from Decker Drive to Coachman Drive. City Council Regular Meeting Minutes April 13,2023 Page 7 of 18 The project was part of an Interlocal Agreement with Harris County Transit Authority where eighty percent (80%) would be federal funding with a twenty percent (20%) local match. The advertising for the project commenced on December 13,2022,and eight(8)bids had been received on January 23, 2023. Mr. Macias relayed the lowest bidder was MBN Enterprises at $1,588,840. Therefore, Staff recommended that MBN Enterprises be awarded with the contract to the project. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern Jacob Powell to approve Ordinance No. 15,417, related to Item 4.c. 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. 15,417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MBN ENTERPRISES, LLC, FOR THE BAY- TOWN SIDEWALK PHASE II PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MBN ENTERPRISES, LLC, FOR THE BAYTOWN SIDE- WALK PHASE II PROJECT; AUTHORIZING PAYMENT IN THE AMOUNT OF ONE MILLION FIVE HUNDRED EIGHTY-EIGHT THOUSAND EIGHT HUN- DRED FORTY AND NO/100 DOLLARS ($1,588,840.00); MAKING OTHER PRO- VISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Consider a resolution determining that a drainage easement containing approxi- mately 0.0162 acres of land and a temporary construction easement containing approxi- mately 0.1007 acres of land, identified as Parcel 39, is needed to be acquired from TW Baytown Real Estate, LLC, for the construction, operation, and maintenance of a drainage facility as part of the Garth Road Widening Project for the City of Baytown, Texas, and authorizing the institution of eminent domain proceedings. City Attorney Scott Lemond opened the item relaying that Staff were requesting Council to grant them the permission to institute an eminent domain proceeding to continue the Garth Road Wid- ening Project. A landowner had refused the City's offer to acquire a drainage easement; therefore, the only way for the City to obtain an interest in that property would be through an eminent domain process. Public Works and Engineering Assistant Director Michael Leech added that the property housed the Tidal Wave Carwash Auto Spa. He displayed an aerial image and a site plan of the property to further describe its location and to point out the section for the drainage easement. City Council Regular Meeting Minutes April 13,2023 Page 8 of 18 Mayor Capetillo wondered what had been the business owner's reservation on the matter. Council Member Betancourth also asked a few follow-up questions because she needed a lot more infor- mation before even considering eminent domain. City Manager Jason Reynolds requested the "a lot more information" be further defined because of the processes to appraise the land. The City would not pay more than what the appraisal value would be. Once they received the appraisal,the City would make an offer on that appraisal value. If the property owner chose not to accept it,then the current item presented to Council was their next step to take.To answer the Council Members' question of"why not," Mr. Reynolds replied it was simply because the owner said no. He had nothing more to offer Council at that time. Council Member Betancourth wished to clarify that "no" had been their answer and that they had not provided any other context. Mr. Lemond con- firmed that was correct based on his understanding. He offered to further discuss matters concern- ing the appraisals and the actual value of the land with Council in an Executive Session. Mayor Capetillo stressed that Council needed to be mindful because they would more than likely have to replicate their action. Before exercising eminent domain, he had to make sure that all of their due diligence as elected officials had been completed. If it were a fair offer and the property owner chose not to accept, then Council could take whatever actions were needed. However, as they did not have that information, Mayor Capetillo was not comfortable to make any decision. Council Member Lester concurred and wished to be informed of the steps that had been taken. Council Member Graham offered a few possible suggestions as to why the owner made their de- cision. Mr. Reynolds lastly assured they would have all that information at their next meeting. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to table Item 5.a. up to sixty(60) 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 a resolution authorizing an amendment to the Baytown City Council Rules of Procedure regarding citizen addresses and communications. City Attorney Scott Lemond explained to Council that the item was a continuation of their discus- sion on amending their Rules of Procedure. Specifically, amending their procedures with regard to interactions with members of the public. Staff had proposed three(3) changes to the rules along with some typographical errors that were also addressed. The changes were as follows: 1) Clarified that citizens had the right to speak on any topic on the agenda. 2) Continued the process to encourage citizens to bring their grievances to Departments. If those grievances were felt to have not been appropriately addressed, then the citizen could come to Council and ask for those items be placed on an agenda. 3) Clarified that there was an opportunity for citizens to speak on any topic even if it were not on the agenda. City Council Regular Meeting Minutes April 13,2023 Page 9 of 18 Mr. Lemond further clarified there would be two (2) categories of citizen addresses. The first was Citizen Communications. Those speakers would have three (3) minutes and there would be an opportunity for multiple speakers to pass their time up to a total of nine (9) minutes for one (1) speaker. The next category of speakers was in regards to non-agenda topics. Staff proposed that they have one(1) minute to speak with the opportunity for multiple speakers to pass their time up to a total of three (3) minutes. For those speakers on items that were not on a posted agenda, per the Attorney General's Guidance, Council would not be afforded the opportunity to deliberate on those items nor to engage with those citizens. However, Council had the opportunity to post those items on a subsequent agenda or to direct Staff to engage with those persons after the meeting. Council Member Alvarado liked the changes,but she believed the one(1) minute was too restric- tive. She instead proposed it be increased to three (3) minutes. Mayor Capetillo replied his only problem with that was that there could be an instance where a hundred (100) people would sign up to talk on non-agenda items and they would all have three (3) minutes. Council Member Betancourth wondered if the limitation of nine (9) minutes would also apply to that new category of speakers. Mr. Lemond answered, with respect to Council Member Alvarado's request, it could. Upon further inquiries, Mr. Lemond directed Council to their agenda packets with the proposed Rules of Procedure. The discussion was over Section 6.2 "Citizen Addresses," 6.3(e), and 6.3(k). Council Member Lester then gave his comments on non-agenda item speakers. His issue with that was, in the end, Council would direct Staff to get with them and then possibly bring that back to Council on an agenda. He noted that was what they were already doing to begin with. His question was, why would they not stick with their current process? If a citizen was not getting the result they wanted through a Department or Staff,then it would be posted on an agenda for them to have time in front of Council. The person would come in, speak, and would then be sent right back to the beginning of the process. Therefore, they were not gaining anything. He further clarified that they were not trying to prohibit anyone from speaking, but that they would just be sent right back to Staff as they did to begin with since Council could not engage with them. He also shared the same concern of having many people show up that would all want their nine(9)minutes. Regarding non-agenda item speakers, Mr. Lemond explained that the reason Staff was proposing the rule was because of the Texas Attorney General. In no uncertain terms, the Attorney General stated that even if an item was not on the agenda, Council must allow the citizens to speak. Mr. Lemond coincided that they were also concerned of possibly having a hundred(100)people show up. Thus, Staff thought it would be appropriate to allow those speakers to come knowing that they had the right to do so but with a limited amount of time. Then, if appropriate, Council could let them know to approach Staff for help. With that said, Council Member Graham stated she was more supportive of the one (1) minute because she had seen school board meetings go on long in to the night. Moreover, Council Member Graham liked the idea of allowing citizens to speak on topics that were not on the agenda. However, she assumed that they would not allow verbal attacking nor cursing and that Council would be allowed to stop that. Mayor Capetillo confirmed that there was a decorum for speakers and wondered if Council should provide those rules of engagement to each speaker. Mayor Pro Tem Powell then expressed he also agreed with the shorter time. In addition, he noted the proposed Rules of Procedure listed the time limits and every one of them stated, City Council Regular Meeting Minutes April 13,2023 Page 10 of 18 "unless the time is extended by a majority vote of the Council. "Thus, he questioned if that could be added to the one(1) minute time as well. Mr. Lemond answered Staff could certainly do that. Council Member Betancourth fully supported the addition of the non-agenda item speakers. In looking at the proposed Rules of Procedure Section 6.3(e), it stated: "[A]form must be submitted no later than 5:00 P.M on the day prior to the date[of] the meeting... "She wondered if that was inclusive of non-agenda item speakers as well, or could they just show up before a meeting and say they wanted to speak during Citizen Communication? For Citizen Communication, Mr. Lem- ond replied the form and the process to first speak with Staff would still be followed. If they had not filled out the form before the meeting, then they would still be able to speak on a non-agenda item. Council Member Betancourth appreciated that and the process of Staff trying to work it out with citizens before they got to a Council meeting. Nevertheless, she liked the sentiment of letting people talk to Council without them always having to respond.Council Member Griffith concurred he was all for free speech and exercising that right.The one(1)minute would not eliminate Council from being held hostage by activists or whatever the case may be,but it would help contain that. After a few more questions of clarification, Council Member Graham suggested Council do a bet- ter job of letting speakers know that they could not engage in a back and forth with them. Mayor Capetillo suggested they go about that as they do with public hearings—with a script discussing the rules of engagement. Mr. Lemond agreed and relayed it would be in the rules as well as on their agendas and forms so it would be widely available to speakers. Council Member Alvarado inquired if what was discussed would apply to those on Zoom as well. Mr. Lemond confirmed so. A motion was made by Mayor Pro Tem Jacob Powell and seconded by Council Member Kenrick Griffith to approve Resolution No. 2,831, related to Item 5.b., with a revision to Section 6.3(k) to allow extensions to speakers' time limit by a majority vote of Council. 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 RESOLUTION NO. 2,831 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CITY COUNCIL RULES OF PROCEDURE; PROVID- ING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. CONSENT A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Consent Agenda Items 6.a. through 6.o. The vote was as follows: City Council Regular Meeting Minutes April 13,2023 Page 11 of 18 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 an ordinance approving Change Order No. 3 between the Baytown Area Water Authority and LEM Construction Company, Inc., for the Baytown Area Water Au- thority's Fritz Lanham Water Treatment Plant Filter Air Scour Improvements Project. ORDINANCE NO. 15,418 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING CHANGE ORDER NO. 3 TO THE BAYTOWN AREA WA- TER AUTHORITY FRITZ LANHAM WATER TREATMENT PLANT FILTER AIR SCOUR IMPROVEMENTS PROJECT BETWEEN THE BAYTOWN AREA WA- TER AUTHORITY AND LEM CONSTRUCTION COMPANY, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving the First Amendment to the Consulting Services Agreement between the Baytown Area Water Authority and Ardurra Group, Inc., for the Baytown Area Water Authority Raw Water Pumps Rehabilitation Project. ORDNANCE NO. 15,419 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FIRST AMENDMENT TO THE CONSULTING SER- VICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND ARDURRA GROUP,INC.,FOR THE BAYTOWN AREA WATER AUTHOR- ITY RAW WATER PUMPS REHABILITATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing a Consulting Services Agreement with Terracon Consultants,Inc. for construction material testing and inspection services for the Chambers Commons Lift Station and Gravity Relief Interceptors Project. ORDINANCE NO. 15,420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR CONSTRUCTION MATERIAL TEST- ING AND INSPECTION SERVICES FOR THE CHAMBERS COMMONS LIFT STATION AND GRAVITY RELIEF INTERCEPTORS PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-NINE THOUSAND ONE HUNDRED NINETY-SIX City Council Regular Meeting Minutes April 13,2023 Page 12 of 18 AND NO/100 DOLLARS ($199,196.00); MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Professional Services Agreement for Staff Aug- mentation Services for Public Works and Engineering projects with Carollo Engineers, Inc. ORDINANCE NO. 15,421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC., FOR STAFF AUGMENTATION SERVICES FOR PUBLIC WORKS AND ENGINEERING PROJECTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUN- DRED THOUSAND ONE HUNDRED FORTY-ONE AND NO/100 DOLLARS ($600,141.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing Change Order No. 7 for the Citizens Bank Reno- vation Project between the City of Baytown and Construction Masters of Houston, Inc. ORDINANCE NO. 15,422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 7 TO THE CITIZENS BANK RENOVATION PROJECT WITH CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED TWO THOUSAND EIGHT HUNDRED NINETY-EIGHT AND 54/100 DOLLARS ($2,898.54); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of commercial office furniture from Hallmark Office Products, Inc., for the Citizens Bank Renovation Project. ORDINANCE NO. 15,423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-EIGHT THOUSAND THREE HUNDRED SIX AND 50/100 DOLLARS ($98,306.50) TO HALLMARK OFFICE PRODUCTS, INC.,FOR THE PURCHASE OF OFFICE FURNITURE FOR THE CITIZENS BANK RENOVATION PROJECT, THROUGH COOPERATIVE PURCHASING AGREEMENTS WITH OMNIA PARTNERS AND THE INTERLO- CAL PURCHASING SYSTEM (TIPS); MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the award of the replacement of three (3) 30" knife gate valves at the East District Wastewater Treatment Plant to R& B Group, Inc. ORDINANCE NO. 15,424 City Council Regular Meeting Minutes April 13,2023 Page 13 of 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF R & B GROUP, INC., FOR A CONTRACT FOR THE REPLACEMENT OF THREE (3) 30" KNIFE GATE VALVES AT THE EAST DISTRICT WASTEWATER TREATMENT PLANT; AUTHORIZING PAY- MENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00); MAK- ING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing a Professional Services Agreement between HIDTA and Recruitful,LLC,for creating and maintaining an LPR database. ORDINANCE NO. 15,425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BE- TWEEN HOUSTON HIDTA AND RECRUITFUL LLC, FOR CREATING AND MAINTAINING A LICENSE PLATE READER ("LPR") DATABASE; AUTHOR- IZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EX- CEED ONE HUNDRED EIGHTY-THOUSAND FOUR HUNDRED EIGHTY AND NO/100 DOLLARS ($180,480.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding a Master Services Agreement with The Goodman Corporation for grant writing and engineering services. ORDINANCE NO. 15,426 AN ORDINANCE 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 A MASTER SERVICES AGREE- MENT WITH THE GOODMAN CORPORATION FOR GRANT WRITING AND ENGINEERING SERVICES;AUTHORIZING PAYMENT BY THE CITY OF BAY- TOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-TWO THOUSAND AND NO/100 DOLLARS ($172,000.00); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an electricity supply agreement with ENGIE Re- sources LLC. ORDINANCE NO. 15,427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A MASTER ELECTRIC ENERGY SALES AGREEMENT WITH ENGIE RESOURCES, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 13,2023 Page 14 of 18 k. Consider an ordinance authorizing funding for the continued engagement of Husch Blackwell LLP,for legal services associated with Cause No. 19DCV0402; City of Baytown v. City of Mont Belvieu, in the 253rd Judicial District Court, Chambers County,Texas. ORDINANCE NO. 15,428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT TO HUSCH BLACKWELL LLP, FOR CON- TINUED LEGAL SERVICES IN CONNECTION WITH CAUSE NO. 19DCV0402; CITY OF BAYTOWN V. CITY OF MONT BELVIEU, IN THE 253RD JUDICIAL DISTRICT COURT, CHAMBERS COUNTY, TEXAS, IN AN ADDITIONAL AMOUNT NOT TO EXCEED FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing funding for the engagement of Husch Blackwell LLP to advise on economic development and general legal matters. ORDINANCE NO. 15,429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING FUNDING FOR THE ENGAGEMENT OF HUSCH BLACKWELL LLP, TO ADVISE ON ECONOMIC DEVELOPMENT AND GEN- ERAL LEGAL MATTERS, IN AN AMOUNT NOT TO EXCEED FIFTY THOU- SAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider a resolution suspending for 45 days the effective date proposed by Center- Point Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas—Texas Coast Division,in its application filed on or about March 2, 2023, pursu- ant to section104.301 of the Gas Utility Regulatory Act. RESOLUTION NO. 2,832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ("CITY") RESPONDING TO THE APPLICATION OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS—TEXAS COAST DIVISION(CENTER- POINT), TO INCREASE RATES UNDER THE GAS RELIABILITY INFRA- STRUCTURE PROGRAM; SUSPENDING THE EFFECTIVE DATE OF THIS RATE APPLICATION FOR FORTY-FIVE DAYS; AUTHORIZING THE CITY'S PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE "TEXAS COAST UTILITIES COALITION OF CITIES" (TCUC); REQUIRING THE REIM- BURSEMENT OF COSTS; DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS ADOPTED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RE- LATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. City Council Regular Meeting Minutes April 13,2023 Page 15 of 18 n. Consider a resolution authorizing the Chambers County Mosquito Control Depart- ment to use aerial application methods for the purpose of mosquito control within the Cham- bers County portion of the City of Baytown. RESOLUTION NO. 2,833 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PUR- POSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider a resolution approving an amendment to the City of Baytown Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act, Texas Government Code,Section 2256.00S(e)-(f),to add Teresa McKenzie as an investment officer. RESOLUTION NO. 2,834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AMENDING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND STRATEGY STATEMENT IN ACCORDANCE WITH THE PUBLIC FUNDS IN- VESTMENT ACT FOR THE PURPOSE OF ADDING TERESA MCKENZIE AS AN INVESTMENT OFFICER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider one (1) appointment to the Animal Control Advisory Committee. Police Chief John Stinger nominated Detective Michael Farabee as his designee to the Committee. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Detective Michael Farabee as the one(1) appointment to the An- imal Control Advisory Committee. 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 three (3) appointments to the Baytown Police Advisory Committee. City Council Regular Meeting Minutes April 13,2023 Page 16 of 18 Council Member Alvarado and Council Member Lester stated they were not ready to make a nom- ination at this time.Nevertheless,Police Chief John Stringer was ready to nominate Sergeant Steve Jones as his designee. A motion was made by Mayor Pro Tem Jacob Powell and seconded by Council Member Heather Betancourth to approve the appointment of Sergeant Steven Jones to the Baytown Police Advisory Committee. 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 c. Consider one (I) appointment to the Baytown Fire Control, Prevention, and Emer- gency Medical Services District(FCPEMSD). Council Member Lester stated he was not ready to make a nomination for the to the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) at this time. He then took a moment to speak on former FCPEMSD Director Maurice Watts' 16-year tenure and con- veyed that he would be missed. d. Consider one (1) appointment to the Baytown Municipal Development District (MDD). A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to discuss Item 7.d. As the discussion unfurled, no vote was taken on the motion. Mayor Pro Tern Powell proposed that Council hold off filling in the position to the Municipal Development District (MDD). He explained that, at their Retreat, Council discussed having an overview of the boards and commissions they appointed. Thus, he wished for Council to further discuss the makeup of MDD. The MDD had recently gone up to thirteen (13) members and he believed that was an outlier and pretty large. For that reason,he wished to discuss going back down to eleven(11)members. As there were currently twelve(12)members and he did not want to kick anyone off,he proposed Council hold off on the appointment until they discussed the size. Council Member Alvarado agreed and had spoken with the City Manager on the impact of making that decision. She clarified it was not to cut anyone off,but more for the management of the MDD. Council Member Graham inquired for the history of the decision to add thirteen(13) members to the MDD. Council Member Betancourth explained she had proposed to remove herself from the Board because she wanted more citizen participation and less of the elected body. Her rationale was that all of MDD's decisions came to Council for approval anyways, so she wanted to see more citizens. However, their Rules of Procedure required the majority of Council to approve her re- moval and they had not wanted that. Thus,the compromised presented by Council Member Lester was to add more citizens to even out the citizen to elected body ratio. Nevertheless, she agreed City Council Regular Meeting Minutes April 13,2023 Page 17 of 18 with Mayor Pro Tern Powell that it was unnecessarily large and supported discussing its makeup. It was never her intention to make the MDD that large,but to have more citizen participation. As they would have a review of all their boards and commissions, Mayor Capetillo agreed that Council should first take that in to account before deciding. Council Member Graham expressed concern on the matter becoming stagnant by not moving forward with the appointment. Returning to the decision of expanding the MDD, Council Member Lester shared his rational on the compro- mise. He had not wanted to lose Council Member Betancourth's institutional knowledge, but she was adamant for more citizen participation. Council did not have the opportunity to discuss that at length before making their decision. With that said, he did not believe delaying the appointment a bit would delay the MDD at all. They could still move forward and have a full discussion later. Mayor Capetillo questioned when would Council expect to have that review for discussion. City Manager Jason Reynolds replied that a part of his Manager Report was to talk about the Work Sessions ahead of them. Due to scheduling issues for May,the Work Session to discuss the review had been postponed. Once they figure that out, Mr. Reynolds assured it would be brought back to a Work Session for Council to discuss. Regardless of that fact, he had the layout and would send Council their draft proposal through email. Mayor Capetillo reiterated that it would be best for Council to have that information before making any decision on the MDD or any other board. After a few more comments, Council deliberated on how they would proceed with the motion as well as when it would be best for that Work Session to be scheduled. Council Member Betancourth noted she would not be present at their next meeting and respectfully requested that the item not be on their next Council agenda. Mayor Capetillo similarly noted that he and Mayor Pro Tem Powell would not be present at their May 11th meeting. As it appeared the discussion would take place in June, Council Member Graham expressed concern on not being able to give her input on the at-large appointment as she may not be available. Mayor Capetillo assured they would make sure everyone would be available. Mr. Reynolds offered May 25th as a potential date. Mayor Ca- petillo suggested that they move forward with the motion with the verbiage of sixty(60) days. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Laura Alvarado to suspend Items 7.d. and 7.e. up to sixty(60) 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 e. Consider one (1) appointment to the Baytown Hospitality Public Facilities Corpora- tion (BHPFC). Council voted to suspend Item 7.e. along with Item 7.d.; therefore, no further action was taken. City Council Regular Meeting Minutes April 13,2023 Page 18 of 18 8. MANAGER'S REPORT As the contents of his report were already discussed in Item 7.e., City Manager Jason Reynolds had nothing further to report to Council. 9. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the April 13, 2023, City Council Regular Meeting at 8:02 P.M. t1A1'T� e‘ • C A i i If) Angela Ja son, CitaCerk .r e* City of Baytown j,tF /Gj a®�