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.
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