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2023 08 24 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 24, 2023 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 24, 2023, at 6:44 P.M. in the Council Chamber of the Baytown City Hall at 2401 Market Street, Baytown, Texas, with the following in attendance: Laura Alvarado Council Member Sarah Graham Council Member Kenrick Griffith Council Member Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Mayor Pro Tem Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney Shannon Bennet Acting City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the August 24, 2023, City Council Regular Meeting with a quorum present at 6:44 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Powell. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on August 10,2023. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve the minutes of the City Council Work Session and Regular Meeting held on August 10, 2023, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Council Member Jacob Powell, and Mayor Pro Tern Mike Lester Nays: None Approved City Council Regular Meeting Minutes August 24,2023 Page 2 of 18 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director Joey Lopez presented the item and provided a video presentation of all the individuals that received the Years of Service award for the month of August. 5 YEAR Angel Negron-Monllor, Public Works & Engineering, Wastewater Operator III Gene Sims, Public Works and Engineering, Mechanic 10 YEAR Johnny Nguyen, Police, Patrol Officer Gilbert Garcia, ITS, Radio and Cellular Equipment Specialist II Marshall Pigg, Police, Patrol Officer 15 YEAR Robert Gomez, Public Works and Engineering, Utility Maintenance Specialist 20 YEAR Kim Coutee, Police, Open Records Specialist II 25 YEAR Ronda Rivon, Municipal Court, Municipal Court Clerk 30 YEAR Tracy Lindsey, Fire, Fire Lieutenant Paul Munoz, Fire, Fire Lieutenant Lisa Coker, Library, Lead Librarian b. Present a proclamation designating September as Deaf Awareness Month. As the individuals to be recognize were not identified at the meeting,the item was not considered. c. Present a proclamation designating September, 2023 as National Preparedness Month. Mayor Capetillo, accompanied by the City's Emergency Operations Center(EOC) Staff, read the proclamation designating the month of September as National Preparedness Month in Baytown. 3. CITIZEN COMMENTS Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item. (Zoom) Mr. Isaac called attention to the fact that the residents of the Watermark Apartments on Ward Road had gone twenty-three (23) days without gas services. While he acknowledged this issue may be outside Council's purview,he believed that those folks needed an advocate. City Council Regular Meeting Minutes August 24,2023 Page 3 of 18 Mayor Capetillo stated the issue was something Council supported and that they would try to assist in any manner they could. As it was Mayor Pro Tem Lester's district, Mayor Capetillo requested they get together to make something happen. Mayor Pro Tem Lester relayed he found out about the issue late that afternoon and his first phone call in the morning would be to the City. After the issue was settled, Mayor Capetillo proceeded and considered Item 10.a. before Item 4.a. 4. CITY OF BAYTOWN FISCAL YEAR 2023-24 PROPOSED MUNICIPAL BUDGET a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2023-24 Proposed Municipal Budget. At 7:04 P.M., Mayor Capetillo opened the public hearing regarding the City of Baytown Fiscal Year 2023-24 Proposed Municipal Budget. Chief Financial Officer Teresa McKenzie summarized the subject matter of the public hearing for Council. She presented and discussed over the visuals below concerning the City of Baytown's Fiscal Year 2023-24 Proposed Municipal Budget. BUDGET REALIGNING FOR A A � SUSTAINABLE TOMORRO SNAPSHOT tr, . City of Baytown Proposed Buspet 1.=42. Fiscal Year Ending September 30, 2024 Personnel Costs $96.3 Mil Property Tax Revenue I Property Tax Rate I Fund Balance f f t $25,450,617 74.00/$100 $26,655,650 41 OEBT 75 Days Operating siiA S 1 5 M 73.2% GF Revenue GF Expenditures Water&Sewer Rate $133,068,544 $136,089,348 6% ts Revenue Expenditures Water&Sewer $54,362,4/3 $55,56/,223 Hotel/Motel $1,742,577 $1,575,111 Sales Tax C. •ital Pro•ram 2024 Aquatics $3,893,308 $4,534,548 O $21.6 Mil Total OP -S 143.1 Mil Sanitation $7,616,804 $8,308,309 O General Fund CIP $15 0 Mil Storm Water $5,058,792 $4,623,566 Garage $3,050,000 $3,362,722 Warehouse $390,204 $461,447 City Council Regular Meeting Minutes August 24,2023 Page 4 of 18 FY24 Proposed CIP Projects FY24 Total Prior Proposed Proposed Future Project# Project Name Totals Funding FY24 FY25-28 FY29-33 FA2304 Environmental Health Dept Bldg. - 3,000,000 - - 3,000,000 FA2310 FacilityADACompliance 200,000 200,000 - - 400,000 FAIMP Facility Improvements FY24 - 3,000,000 - - 3,000,000 PK2204 Newcastle Park 350,000 133,758 - - 483,758 PK2307 Tompkins Park(Grant Match) - 879,000 - - 879,000 PK2308 Pelly and Barkaloo Shade Covers 420,000 260,000 - - 680,000 RW1901 Garth Rd.Recon.(IH-10 to SH 146) - 4,100,000 20,000,000 33,000,000 57,100,000 RW2005 Market Street Revitalization - 3,500,000 - - 3,500,000 RW2010 Sidewalk Master Plan Improvement 200,000 200,000 800,000 1,000,000 2,200,000 RW2011 Annual Renewal of Asphalt Streets 2,500,000 2,000,000 7,500,000 - 12,000,000 CONT351 New Projects/Contingency* - 1,089,848 - - 1,089,848 Totals $ 36/C000 $ 8262,t,C6 $ 8 3f;(; $ $ 6C6 **FY24 Includes$15M in debt$275k Transfer from GF,$2.3M in available debt,and$815k in reallocated projects Potential Project Utilizing Contingency:IT2499-MD Office 365 Conversion-$600,000(Tentative/TBD) At 7:08 P.M., Mayor Capetillo closed the public hearing regarding the City of Baytown Fiscal Year 2023-24 Proposed Municipal Budget. b. Discuss the City of Baytown Fiscal Year 2023-24 Proposed Municipal Budget. Council's discussion on the City's Fiscal Year 2023-24 Proposed Budget proceeded as follows: Water and Sewer Rates Council Member Alvarado opened the discussion on the budget by noting that the only thing left pending was for them to discuss the six percent (6%) rate increase on water and sewer. She won- dered if Council wanted to entertain looking at that again and questioned what would be the impact to the budget if they did. In order to get those numbers, Chief Financial Officer Teresa McKenzie responded that Staff would have to bring that back to do the calculations. Mayor Pro Tem Lester commented that the six percent (6%) was just a passthrough as their sup- plier raised their rates by six percent (6%). They could not continue to absorb that,but he agreed on keeping the lower tier at a suppressed rate so it would not have an impact. Mayor Capetillo similarly commented that they did not want to increase any of the water and sewer rates. To move forward and to not be at the mercy of a single supplier, Mayor Capetillo recommended that they have an additional water source. Council Member Alvarado agreed on that note. Capital Improvement Council Member Powell brought attention to the capital item in the budget for three hundred thou- sand dollars ($300,000). He was aware that they had a policy in place for that and questioned if Staff foresaw having something for Council to review prior to the approval of the budget. City Manager Jason Reynolds responded that they had a general idea and could being that back to Council at their next meeting if they wanted to consider that. Mayor Capetillo suggested they leave City Council Regular Meeting Minutes August 24,2023 Page 5 of 18 that amount and develop before anything was spent with this budget year. If there was a policy in place to approve that by Council, then any expenditures would be in line with policy. Mr. Reynolds questioned if Council was okay with the Capital Improvement Plan (CIP) as pre- sented for the General Fund. As the Chair of the CIP Committee, Mayor Pro Tern Lester relayed they were pretty much in consensus that it was a good package. As the Chair of the Finance Com- mittee,Council Member Betancourt shared that Staff came up with the fifteen-million-dollar num- ber($15,000,000). She expressed the Committee had no issue with that. However,they might have been more comfortable with more,but they never saw the full CIP list to have that option. After further discussion, Mayor Capetillo closed the item noting that Council would not be taking action until their first September meeting where they would have a budget and tax rate to consider. He then passed Item 5.a. for Item 6.a. so Council could first meet in the Executive Session. 5. TEXT AMENDMENTS TO THE UNIFIED LAND DEVELOPMENT CODE (ULDC) TO CHANGE SECTION 5.79 a. Conduct a public hearing regarding a proposed text amendment to Appendix A - Unified Land Development Code (ULDC) to change Sec 5.79 New Signs, concerning certain language addressing permitting all temporary off-premises signs. The Council initially intended to conduct the hearing after their Executive Session; however, Mayor Capetillo preferred to conduct the hearing first as they had a citizen who signed-up to speak. At 9:01 P.M., Mayor Capetillo opened the public hearing regarding a proposed text amendment to Appendix A of the Unified Land Development Code(ULDC) to change Section 5.79 New Signs, concerning certain language addressing permitting all temporary off-premises signs. City Attorney Scott Lemond summarized the subject matter of the public hearing for Council. Mr. Lemond relayed the item concerned revisions to the ULDC, specifically to the sign amendment. He noted he had recommendations that he would share to Council in their Executive Session. The gist of the amendments were in order to ensure citizens were able to exercise their First Amend- ment right and to ensure the City's ordinances were not content-based when regulating signage. The substantive amendments to Section 5.79 Mr. Lemond mentioned were as follows: • Section (c)(3)—to state that temporary signs provided the number of such signs on any premises do not exceed to a number and provided such signs are displayed on consecutive days and for only a maximum of seven(7)days in any thirty(30)day period. • Section (d)—to exclude from permitting all such signs. Mr. Lemond noted there were also cleanup and deletions of the previous sign ordinance where they had different rules applied to different types of signs. Mayor Capetillo questioned if that would apply to political and election signs. Mr. Lemond confirmed the rule would be the same regardless of the type of sign. Mayor Capetillo announced a citizen, Mr. Mike Beard, had signed up to speak on the item. City Council Regular Meeting Minutes August 24,2023 Page 6 of 18 Mr. Beard expressed his dissatisfaction with the ordinance in consideration of the citizens that had signs on their front yard longer than seven (7) or ten (10) days. He stated it was an overreach of government trying to solve a problem that did not really exist. The problem was with bandit signs. He suggested Council take another look and try not to pass another unenforceable ordinance. At 9:07 P.M., Mayor Capetillo closed the public hearing regarding a proposed text amendment to Appendix A of the Unified Land Development Code(ULDC). After closing the hearing, Council continued to Item 12.a. and 12.b. for the Executive Session. 6. PROPOSED ORDINANCES a. Consider an ordinance rejecting all bids for the East District Waste Water Treatment Plant (EDWWTP) Phase 1, Community Development Block Grant — Disaster Recovery (CDBG-DR) Project. Public Works and Engineering Assistant Director Michael Leech presented the item to Council. The purpose of the item was to request Council's approval to reject the bid the City received for their Community Development Block Grant Disaster Recovery (CDBG-DR) Project. Mr. Leech noted the work was funded federally which had a lot of requirements associated with the procure- ment and bidding. The federal funding for their project was administered through Harris County. Mr. Leech informed Council that Staff received information from Harris County that was incon- sistent with the federal requirements. In addition, Staff received a protest from one(1) of the bid- ders that did not win the bid which caused them to visit with the City Attorney as well as the Harris County Attorney's Office. Through deliberation and discussion with them, Staff recommended Council reject the bid and enable Staff to go back and get the bid package straightened out to rebid. A motion was made by Council Member Laura Alvarado and seconded by Council Member Kenrick Griffith to approve Ordinance No. 15,527, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Council Member Jacob Powell, and Mayor Pro Tern Mike Lester Nays: None Approved ORDINANCE NO. 15,527 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING ALL BIDS RECEIVED FOR THE EAST DISTRICT WASTE WATER TREATMENT PLANT(EDWWTP)PHASE 1,COMMUNITY DEVELOP- MENT BLOCK GRANT—DISASTER RECOVERY (CDBG-DR) PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 24,2023 Page 7 of 18 b. Consider an ordinance authorizing an amendment to the covenants and restrictions of Baytown Central Development, as requested by PDG Baytown, LLC. The discussion on the amendment to the covenants and restrictions proceeded as follows: Staffs Presentation Planning and Development Director Martin Scribner presented the item to Council. He explained the City was party to these covenants and restrictions because they owned property within the subdivision in question. There was once a governing board that allowed for any changes to the covenants, but that board dissolved years ago. Mr. Scribner noted what was accounted for in the covenants was that any changes would be voted on and approved by three-quarters of the property owners of the entire subdivision. Thus, the City of Baytown had a vote but was not the final say. The changes PDG Baytown asked for was to reduce the interior building setback line for a four (4) story building from twenty-five(25) feet to fifteen(15) feet. Mr. Scribner noted this was inde- pendent to their own zoning code which did require fifteen (15) feet. On that property, PDG Bay- town was proposing to have an apartment complex. It was already zoned High Density Residential Dwelling Units(MF3)which allowed for that use. Another change would be for a parking setback amendment as there was a prohibition on parking within five(5) feet of the side and rear property lines. As the City did not have such prohibition, Staff recommended approval of the changes. Mr. Scribner relayed Staff felt it was reasonable and within their current zoning code. Council's Discussion On behalf of District Four(4), Council Member Betancourth expressed their disappointment with the development moving forward. She recognized they could not do anything legally to stop the development;however, she would not support any kind of minimization of their current standards to accommodate this apartment complex. Council Member Griffith then recalled and asked if they had an ordinance that said apartments could not be within a half-mile radium of each other. Mr. Scriber informed the Council Member that was a policy and not necessarily an ordinance. As this property was already zoned, that policy would not apply. Nevertheless, Council Member Griffith stated he would not be in support of anything having to do with apartments going up. After questions were made to further clarify the situation, Mayor Capetillo similarly commented he would not support any type of concession or amendment to what was already zoned for this. He shared that he was interested in limiting any future multifamily to no more than three (3) stories unless it was part of some type of special district,overlay,or something of that sort.The developer was present and endorsed the project to Council. However, as Mayor Capetillo called for a motion of approval, no Council Member responded. The item died due to a lack of motion. 7. PROPOSED RESOLUTIONS a. Consider a resolution granting the petition for the proposed annexation of approximately .97 acres of land located generally north of III 10 and east of South Main Street. City Council Regular Meeting Minutes August 24,2023 Page 8 of 18 Planning and Development Director Martin Scribner opened the item by describing the location of the property in question. He informed Council that the item was only for the acceptance of an application and to direct Staff to move forward with their Public Services Plan. Council would have several opportunities in the future to get in to the meat of the project itself.The applicant was present via Zoom and engaged Council in a discussion on their proposed travel center. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Mike Lester to approve Resolution No. 2,855, related to Item 7.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Approved RESOLUTION NO. 2,855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,GRANTING THE PETITION OF QT SOUTH,LLC,FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 0.976 ACRES, LOCATED ON THE NOR- THERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 10 AND THE EASTERLY RIGHT-OF-WAY LINE OF F.M. 2100, ALSO KNOWN AS MAIN STREET(ALSO REFERRED TO AS CROSBY-LYNCHBURG ROAD),AND THE TRACT DESCRIBED HEREIN AND BEING ALL OF A CALLED 0.976 ACRE TRACT OF LAND AS DESCRIBED IN CLERK'S FILE NO. 2016-83010 OF THE OFFICIAL PUBLIC RECORDS OF HARRIS COUNTY, TEXAS, MORE PARTIC- ULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT B; AUTHORIZ- ING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. DISCUSSIONS a. Discuss and vote on the revisions to Chapter 14 "Animals" of the City of Baytown Code of Ordinances. Mayor Capetillo announced a citizen, Ms. Toni Graham, had signed up to speak on the item. Ms. Graham spoke to encourage Council to pass the Community Cat Program. Mayor Capetillo announced a citizen, Ms. Wendy French, had signed up to speak on the item. Ms. French relayed she was with the Best Friends Animal Society and shared statistics over other entities' successful Community Cat Programming. With the City of Baytown's data in mind, she noted this ordinance could have prevented nearly four hundred (400) cat deaths in their shelter in 2022 and one hundred and forty(140) cats so far in 2023. She requested Council to vote in favor of the Community Cat Ordinance for the cats,their community, and Shelter Staff. City Council Regular Meeting Minutes August 24,2023 Page 9 of 18 Mayor Capetillo announced a citizen, Ms. Catherine Eldredge,had signed up to speak on the item. Ms. Eldredge was also with Best Friends and noted she was once an Animal Control Officer. She endorsed the Community Cat Program and encouraged Council to vote in favor of it. Mayor Capetillo announced a citizen, Mr. Mike Beard,had signed up to speak on the item. Mr. Beard noted there was no ordinance in the agenda for Council to vote on and suggested they table the item. He did not support this program as he had a feral cat issue and his traps had not caught a single cat in six (6) years. Mr. Beard also expressed his discontent with the outside or- ganization telling them how to spend their money and the ultimate funding for this program. Mayor Capetillo noted Mr. Beard was correct. Council would only consider the revisions that had been recommended by the Animal Control Advisory Committee(ACAC).With that settled,Health Director Tony Gray proceeded to present those proposed ordinance changes to Council as follows: • 14.1 Definitions-Abandoned Animal - Current language covered under 14-4 - Clarity and specifics • 14.4 Certain Offenses - Minor change: "person"to"owner" - Review other references to"person" • 14.8 Certain Animals Restricted - Remove(b)-Language added to address potential annexation issues; has not been needed or utilized; and impracticable to enforce. • 14.12 Unlawful Restraint of Animal - Updated to reflect recent legislation • 14.36 Impoundment of Animals - Minor change to(a): Remove"or any police officer" - Add section(c):to address prisoner or detained person's animals • 14.37 Impoundment of Animals by individuals - Remove section:unnecessary and not practical to enforce • 14.38 Redemption or Adoption of Impounded Animal - Updated to include"business"to add clarity • 14.153 Dangerous God Hearing - Revised to comply with recent Attorney General opinion • Additions - Exclude Community Cat Caretaker from the definition of an Owner - Nuisance Animal Definition o Any animal normally found in the wild: 1. That has entered onto any public or private property and by its presence is committing a threat to public health and safety; or is a 2. High risk for rabies transmission: bats, skunks, foxes, coyotes, and rac- coons. Before discussing the proposed fees, Council deliberated over the definitions that were presented to them and how they wished to proceed. Council Member Alvarado expressed she was not com- fortable with removing Community Cat Caretaker from the definition of an Owner as a whole. As the purpose of the item was for Council to give their consensus, Mayor Pro Tem Lester suggested they suspend the item. He instead requested for them to have an ordinance to review and approve. City Council Regular Meeting Minutes August 24,2023 Page 10 of 18 City Manager Jason Reynolds noted there was no consensus from Council for Staff to build an ordinance. Council Member Betancourth did not believe there would be a consensus. She projected it would be a split vote,but they would not know until they were given an opportunity to vote. As the ACAC made a recommendation, she did not support stalling it any longer. Council Member Graham agreed as the presentation given was built on their consensus from their last conversations. A motion was made by Mayor Pro Tem Mike Lester and seconded by Council Member Laura Alvarado to table Item 8.a. for a maximum of sixty(60) days. The vote was as follows: Ayes: Council Member Laura Alvarado, Council Member Kenrick Griffith, and Mayor Pro Tern Mike Lester Nays: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Heather Betancourth, and Council Member Jacob Powell Failed After additional questions of clarification, Mr. Gray continued to present the proposed fees. TYPE AVERAGE CURRENT PROPOSED SHELTER Dangerous Dog Annual Registration $67 $50 $100 Nuisance Dog Annual Registration n/a $50 $100 Kennel License Fees(<11 and 11-19) n/a $50/$100 $100/$150 Quarantine Fees $115 $75 $150 Quarantine $25 $50 Daily Boarding and Care $9/day $5/day for 10 days $10/day for 10 days The Council Members agreed on the fees as presented. Mr. Gray introduced and turned the floor over to ACAC Member Dr. Francisco Alvarez to present the proposed revisions to the Community Cat Program. Dr. Alvarez first shared their Committee's recommendations to make it unlawful to feed stray cats outside of a Community Cat Colony. Council Member Betancourth questioned how that would be enforced. Mr. Gray responded Staff would be able to answer that once they got through the entire Community Cat Program. At that time, Staff was only trying to get direction. Council Member Griffith stated he wanted to see more of an accountability piece for those who were attracting cats in to a specific area.On that note,Mr.Gray discussed how Staff tried to achieve compliance through education. The Council Members then inquired over the proposed definitions and their impact, so Dr. Alvarez proceeded to share the ACAC's recommendations as follows: • Nuisance Cat - An owned cat that lives outside and is not sterilized and microchipped, causes damage to property of anyone other than its owner..., or directly causes a disturbance or annoyance to other animals while off of its property. • Community Cat - Any domestic cat with no indication of ownership that lives primarily outside and has an eartip. • Community Cat Caregiver City Council Regular Meeting Minutes August 24,2023 Page 11 of 18 - Any person who provides care, feed, or shelter to a Community Cat while not being considered the owner,harborer,custodian,possessor,or keeper of a Community Cat. The Community Cat Caregiver shall not be subject to provisions of this ordinance directed towards owners and owned animals unless deemed a nuisance. • Eartip - Under veterinarian services...,the tip of the left ear is removed indicating that the cat is a Community Cat and is sterilized and vaccinated. In presenting the definitions, Mr. Gray noted there needed to be a definition for a stray cat. Next, Dr. Alvarez listed the ACAC's recommendations to the Community Cat Program as follows: (a) A Community Cat that has been impounded which has already been ear-tipped shall be returned immediately to the location at which it was found unless deemed a nuisance. (b) Community Cats shall not be exempt from the provisions of statute or this ordinance applicable to the prohibition on cruelty to animals; provided however, the return of a Community Cat to the location at which it was found or humanely trapped subsequent to sterilization. Vaccination and ear-tipping shall not be considered abandonment under any statute or other provision of this ordinance. (c) Community Cats, being unowned as defined herein, shall not be subject to provisions of this ordinance applicable to owned animals unless deemed a nuisance. (d) Community Cats shall be eligible for return unless deemed a nuisance to the colony at which they were found prior to any stray, hold provision imposed by statute or other provision of this ordinance, so long as the Community Cat is sterilized, ear-tipped, and vaccinated for rabies prior to their return to that colony. Dr. Alvarez relayed how the nuisance of a Community Cat would be addressed as follows: • 1"time-Community Cat will be microchipped and returned to the same colony. • 2°d time-Community Cat will be moved to a different colony. • 3rd time-the Baytown Animal Services will either relocate the Community Cat to another colony or humanly euthanize. Mayor Pro Tern Lester understood they were giving cats four(4) strikes as they had to catch it first to make it a Community Cat. He additionally shared from his experience that cats get very trap- wise and would not be caught a second or third time.Thus,he suggested to microchip them at their initial capture when they would be spayed and neutered. Mayor Pro Tern Lester also discussed over the fact that he received calls on nuisance animals. That was why he wanted to make sure they had pet owner responsibility on the front end and his concern over the definition of nuisance. With regard to the definition of a Nuisance Cat, Mayor Pro Tern Lester preferred it to state "any cat"instead of"owned cats."Council came to a general consensus with that as well as on the idea to microchip the first time the cats were caught.The Council Members then proceeded to deliberate over the definitions presented of an Owner, Caretaker, and a Cat Colony and their implications. Mayor Capetillo questioned Staff what would be the key point needed to develop the ordinance. In response, Mr. Gray presented the creation process of the program as follows: • 6-month partnership between Best Friends and the City's Animal Services Division. - Best Friends would cover Vet costs, servicing costs, core vaccines, controlled drugs and consumables. - Best Friends would provide Community Cat Program training to City Staff - The City would allow the use of its surgical suite for the Community Cat Program. City Council Regular Meeting Minutes August 24,2023 Page 12 of 18 - The City's Volunteer Supervisor would act as a liaison to assist and coordinate servicing with a Best Friends' representative,the Community Cat Coordinator. • After the initial 6-moth program,the City's Animal Services Division would assume administration of the program. - The City's Volunteer Supervisor would continue as a liaison to assist and coordinate with the Best Friends' Community Cat Coordinator. - The Best Friends' Community Cat Coordinator would be responsible for trapping, deliv- ering,and returning the cats after recovery. Next, Mr. Gray listed the support needed for the program as follows: • Utilize the City's Vet to service Community Cats(estimated average of 20 cats/week). • Utilize Volunteer Supervisor to coordinate with the Best Friends' Community Cat Coordinator. • Funding: - Estimates: $50/cat($25/vet and$25 for supplies) - FY2021 Funding Estimated at$25,000 • $12,500 in current Vet funding • $12,500 in new funding for supplies To conclude, Mr. Gray relayed all that was left was for Council to approve, modify, or reject the Community Cat Program's estimated funding. Mayor Capetillo questioned if there was anything budgeted for the funding needed in their current budget.Mr. Reynolds answered there was nothing in the budget, so it would be funded out of their savings if Council wished to move forward. With that said, Mayor Capetillo asked the Council Members if they had any more questions to give Staff direction to develop an ordinance.As Staff developed a draft,Mayor Capetillo requested they provide that to Council by September 28`h.The Council Members proceeded to question mat- ters concerning the funding of the program. In their discussion,it was noted that Council will have the opportunity to review the benchmarks, data, and successes of the program. However, Mr. Reynolds cautioned that any kind of benchmarking off of a very short pilot would be premature. In regards to educating the community on responsible pet ownership, Council Member Alvarado suggested habitual violators of the program go through training at the Animal Shelter. She also shared a statement by the People for the Ethical Treatment of Animals (PETA). The statement relayed that PETA did not advocate for the trapping, altering, and releasing as a humane way to deal with the overpopulation and homelessness of cats.Thus,she questioned the trapping program. At 8:52 P.M., Council Member Graham left the City Council Meeting. As no further direction was needed by Staff from Council, they proceeded to the next item. b. Discuss the recommendation of the Boards and Commissions Ad Hoc Committee regarding the Municipal Development District Board. As Council Member Graham was not present at the time Council reached Item 8.b.,they proceeded to consider the Consent Agenda Items and the Manager's Report first.After the Manager's Report, Council returned to Item 8.b.but the Committee's presentation slide was not available. So,Council considered Items 11.a., 5.a., 12.a., 12.b., and 13.a. in that order as the slide was fetched by Staff. City Council Regular Meeting Minutes August 24,2023 Page 13 of 18 As the Chair of the Boards and Commissions Ad Hoc Committee, Council Member Alvarado presented their proposal for the Municipal Development District(MDD) as follows: MDD Current • 13 members - 7 elected(Mayor+City Council) - 6 non-elected(at-large citizens appointed by City Council) • Meetings held monthly on the first Thursday of every month. • Purpose:Manage sales taxes received to facilitate economic development growth that will enhance the quality of life for the City of Baytown. MDD Proposed • 7 members - Elected(Mayor+City Council) • Meetings held congruently with City Council meetings as needed. • Purpose:Manage sales taxes received to facilitate economic development growth that will enhance the quality of life for the City of Baytown. • Create a new Economic Development Advisory Committee - 5 non-elected members(at-large citizens appointed by City Council) - Meetings held quarterly or as needed. - Membership includes: • 1 member of a small-business development group; • 1 member in real estate; • 1 member of a large-business development group; and • 2 interested citizens who would not have any professional or personal affiliations similar to those represented by other appointees on the Committee. - Purpose: An advisory board who works with the City's Economic Development Staff to identify and review opportunities that will grow and enhance the quality of life for the City of Baytown, including but not limited to: reviewing Business Improvement Grants and making recommendations to City Council. Mayor Capetillo questioned if all the Ad Hoc Committee Members were in agreement with the proposal. They answered that they were. Council Member Graham further addressed that, at first glance, it looked like they were trying to remove citizen input. However, she noted the appointed board members believed that the Council Members were the experts. As such,they stayed quiet or did not give their true opinion. So, they wanted to let the citizens be able to freely speak in the board meetings they were appointed to and put proposals together to bring to the MDD. She clar- ified it was to empower and give them an environment that would feel more open for them. Mayor Pro Tem Lester liked the idea and suggested they come to the MDD on a quarterly basis. With regard to the advisory committee being for five (5) non-elected members, Council Member Powell questioned if any thought was given to make that seven(7). In that way, each of the Council Members would have an appointment. Council Member Alvarado confirmed they had thought about that. The Ad Hoc Committee had it at five (5) to roll over the existing MDD Members. Council Member Powell supported opening that up to seven(7) and Mayor Capetillo agreed. Council then discussed over the specifications of the advisory board members. A banker was sug- gested, but the Ad Hoc Committee conveyed there may be a conflict of interest. Nonetheless, City Council Regular Meeting Minutes August 24,2023 Page 14 of 18 Mayor Capetillo liked the idea of having a banker's perspective. Council Member Betancourth shared her goal, regardless of their affiliation, was to get actual citizen feedback on MDD issues. Mayor Capetillo agreed. With the advisory board, there would not be the perception that Council were the experts and not say anything. The seven (7)members would be of the same peer group. Moreover, Council agreed with the positions being at-large. The Council Members would have an at-large appointment with a specific role like with the Community Development Advisory Com- mittee (CDAC). In regards to the role of a small business development group, the Ad Hoc Com- mittee suggested it could be the Chamber of Commerce. For the large business development group, they suggested the Economic Development Foundation(EDF)or the Economic Alliance. On the business development group appointment roles, Mayor Capetillo added they would need to be residents of the city limits of Baytown. However, City Manager Jason Reynolds noted that if their overall goal was to grow economic development in the City of Baytown and they were solely acting as an advisory board, he believed it would be a good look to get the most qualified person regardless if they lived in Baytown. Council Member Betancourth agreed and Mayor Ca- petillo further clarified that they would serve the business community of Baytown. Council Member Alvarado expressed her appreciation for letting their Ad Hoc Committee present their recommendations. Council Member Betancourth questioned if they were good to make the revisions and for Staff to put it on an agenda for Council to vote. The Council Members agreed. Lastly, Mayor Capetillo announced a citizen, Mr. Mike Beard,had signed up to speak on the item. Mr. Beard reminded Council that the MDD was a taxing entity that had the power to put debt. He expressed they just removed the at-large citizen involvement and vote on that debt. If they had citizens on the MDD that were not participating, he suggested they replace them. He additionally suggested they have term limits for all the City's committees just like with Council. Mr. Beard stated he had no issue with the Economic Development Advisory Committee, but that he had a problem with taking the at-large positions from the MDD. In fact, he believed it should be seven (7)citizens and seven(7)Council Members. Mr. Beard ended his comments reiterating his stance. After the citizen's comments, Mayor Capetillo announced that Council addressed all the posted agenda items and proceeded to adjourn the meeting. 9. CONSENT A motion was made by Council Member Kenrick Griffith and seconded by Council Member Heather Betancourth to approve Consent Agenda Items 9.a. through 9.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Council Member Heather Betancourth, Council Member Jacob Powell, and Mayor Pro Tem Mike Lester Nays: None Other: Council Member Sarah Graham(Not Present) City Council Regular Meeting Minutes August 24,2023 Page 15 of 18 Approved a. Consider an ordinance amending the lease agreement with ZOLL Medical Corporation for the ZOLL One Program for EKG Monitor/Defibrillators. ORDINANCE NO. 15,528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE LEASE AGREEMENT WITH ZOLL MEDICAL CORPORATION FOR THE ZOLL ONE PROGRAM FOR EKG MONITORS/DEFIBRILLATORS; AUTHORIZING PAYMENT TO ZOLL MEDICAL CORPORATION IN AN ANNUAL AMOUNT NOT TO EXCEED NINETY-FOUR THOUSAND EIGHT HUNDRED THIRTY-FIVE AND 90/100 DOLLARS ($94,835.90); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the award of the Annual Lawn Maintenance and Landscape Services Contract to NeoGlobal Enterprises, LLC, d/b/a Horticare Landscape Management and Yellowstone Landscape. ORDINANCE NO. 15,529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS OF NEOGLOBAL ENTERPRISES, LLC D/B/A HORTICARE LANDSCAPE MANAGEMENT AND YELLOWSTONE LAND- SCAPE FOR THE ANNUAL LAWN MAINTENANCE AND LANDSCAPE SER- VICES CONTRACT,AND AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE MILLION FIFTY-EIGHT THOUSAND FIVE HUNDRED EIGHTY- TWO AND NO/100 DOLLARS ($1,058,582.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance approving a water supply agreement between BAWA and Harris County Water Control and Improvement District No. 1. ORDINANCE NO. 15,530 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A WATER SUPPLY CONTRACT — TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the closeout of the Fire Station 4 (Building 13) Remodel Project(Women's Locker Room),to Construction Masters of Houston, Inc. City Council Regular Meeting Minutes August 24,2023 Page 16 of 18 ORDINANCE NO. 15,531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE FIRE STATION NO. 4 WOMEN'S LOCKER ROOM RENOVATION PROJECT; AUTHORIZING FINAL PAYMENT IN THE SUM OF TEN THOUSAND FIVE HUNDRED THIRTEEN AND 94/100 DOLLARS ($10,513.94) TO CONSTRUCTION MASTERS OF HOUSTON, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving the renewal of the Annual Mechanical Services Contract—Year 2 between BAWA and IPS Pump Services, Inc. ORDINANCE NO. 15,532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE RENEWAL OF THE ANNUAL MECHANICAL SER- VICES CONTRACT—YEAR 2 BETWEEN THE BAYTOWN AREA WATER AU- THORITY AND IPS PUMP SERVICES, INC., FOR MAINTENANCE AND REPAIRS AT WATER TREATMENT FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider a resolution authorizing the City of Baytown to submit a grant application to the U.S.Department of Justice,Bureau of Justice Assistance,for the FY23 Edward Byrne Memorial Justice Assistance Grant(JAG) Program on behalf of the Police Department. RESOLUTION NO. 2,856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUS- TICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD BYRNE ME- MORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM, FY2023 LOCAL SOLICITATION ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED TWENTY-SIX THOUSAND EIGHTY-TWO AND NO/100 DOLLARS ($26,082.00); DESIGNATING AN AUTHORIZED REP- RESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. MANAGER'S REPORT City Manager Jason Reynolds opened his report announcing that,according to the Baytown Sun's press release, the San Jacinto Bridge had been funded. The construction was scheduled to start in 2028 and would continue for five(5) years. Mayor Capetillo additionally noted the Federal High- way Commission released those funds which went through the State. At 8:55 P.M., Council Member Graham returned to the City Council Meeting. City Council Regular Meeting Minutes August 24,2023 Page 17 of 18 Mr. Reynolds continued to recognize Police Officer Christopher Obenland for acting on a sexual assault case of a child and apprehending the individual. He lastly recognized both the Police and Parks Departments for addressing the homeless encampments around parks and under bridges. As Council Member Graham was present, the Council returned to consider Item 8.b. However, as the presentation slide for the item was unavailable, Council continued to Item 11.a. a. Present the Traffic Safety and Resource Fair hosted by Municipal Court and the Baytown Police Department. Municipal Court Judge Julie Escalante opened the item introducing Court Administrator Ana Guil- lot and Community Outreach and Juvenile Case Manager Jessica Brown. Ms. Brown invited the Council Members to their Traffic Safety and Resource Fair that would take place on September 9th from 11:00 A.M. to 2:00 P.M. at the Baytown Community Center. After further discussion on the event, Mayor Capetillo returned to consider Item 4.a. 11. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Jacob Powell regarding projects, programs and events in District No. 5. Council Member Powell reported that the Lincoln Cedars, Julie Ann Villa, and Savell Drive pro- jects were all progressing. He acknowledged there were hiccups along the way and expressed his appreciation to Staff for their quick responses to address those individual items. On Savell Drive, Council Member Powell noted they were currently on phase seven (7) out of ten (10). The entire project was scheduled for final approval and closeout by January. As that ended the report, Council returned to Item 5.a. as Item 8.b. was not ready to be considered. 12. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys and/or to deliberate the purchase, exchange, lease, or value of real property. b. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation. At 9:07 P.M., Mayor Capetillo recessed and convened in to an Executive Session pursuant to: 1) Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys and/or to deliberate the purchase, exchange, lease, or value of real property; and 2) Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation. City Council Regular Meeting Minutes August 24,2023 Page 18 of 18 At 9:42 P.M., Mayor Capetillo reconvened the meeting and announced that, in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. 13. PROPOSED ORDINANCE a. Consider an ordinance amending the Unified Land Development Code(ULDC)of the Code of Ordinances, Baytown, Texas, Article V "Signs," Division III "Regulations," Subdivision IV "Off-Premises Signs," Sec. 5.79 "New signs," Subsection (c) "Exceptions," Item(3); deleting items(4)and(5)of subsection(c),deleting subsections(d)and(e)of Section 5.79 to except from permitting all temporary off-premises signs, provided that the signs do not exceed two (2) in number on any one property and are displayed no more than seven (7) total days in a thirty (30) day period; amending the ULDC Article V "Signs," Division III "Regulations," Subdivision IV "Off-Premises Signs," Section 5.79 "New signs," Subsection (f) "Permit not required for certain signs," to renumber it as Subsection (d) and remove references to deleted provisions; amending the ULDC, "Article V "Signs," Division III "Regulations," Subdivision IV "Off-Premises Signs," Section 5.79 "New signs," Subsection (g) "Digital billboards," to renumber it as subsection (e). A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Mike Lester to suspend Item 13.a. for up to ninety(90) days. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Council Member Jacob Powell, and Mayor Pro Tern Mike Lester Nays: None Approved After the action was taken, Council returned to Item 8.b. before adjourning the meeting. 14. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the August 24, 2023, City Council Regular Meeting at 10:10 P.M. 4 xgtii- ua 4 a ate A I .0 A al , Angela J A ksoril dify _ .,. ' City of Baytowf * /:.;;ti,; e NA °�y� rn 7.0 F.: ,w...