2023 09 14 CC Minutes MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
September 14, 2023
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 14, 2023, at 6:33 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
Jacob Powell Council Member
Mike Lester Mayor Pro Tem
Brandon Capetillo Mayor
Jason Reynolds City Manager
Scott Lemond City Attorney
Angela Jackson City Clerk
John Stringer Sergeant at Arms
Mayor Capetillo convened the September 14, 2023, City Council Regular Meeting with a quorum
present at 6:33 P.M. All members were present with the exception of the absence of Council
Member Heather Betancourth.
The Pledge of Allegiance, Texas Pledge, and Invocation were led by Mayor Pro Tem Lester.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on August 24, 2023.
A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura
Alvarado to approve the City Council Regular Meeting held on August 24, 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 Jacob Powell, and Mayor Pro Tem Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
NOTE: While the agenda item was posted for the approval of both the Work Session and Regular
Meeting minutes, Council moved to approve the minutes of only the Regular Meeting.
City Council Regular Meeting Minutes
September 14,2023
Page 2 of 24
b. Consider approving the minutes of the City Council and Crime Control and
Prevention District Joint Meeting held on August 24,2023.
A motion was made by Mayor Pro Tern Mike Lester and seconded by Council Member Jacob
Powell to approve the minutes of the City Council and Crime Control and Prevention District Joint
Meeting held on August 24, 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 Jacob Powell, and Mayor Pro Tern Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
2. CITIZEN COMMENTS
Mayor Capetillo announced no citizen had signed up to speak on the Citizen Comments item.
3. AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE
APPROXIMATELY 46.4 ACRES AT 7128 E. IH 10
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 46.4 acres at 7128 E. III 10, from Open Space/Recreation (OR) to
General Commercial (GC) Zoning District.
At 6:36 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the offi-
cial zoning map to rezone approximately 46.4 acres at 7128 E. IH-10, from Open Space/ Recrea-
tion(OR)to General Commercial (GC) Zoning District.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
Mr. Scribner first explained they had two (2) items linked together: 1) the public hearing for the
rezone as well as the ordinance for the rezone, and 2) a public hearing for a Special Use Permit
(SUP)as well as the ordinance for that SUP. He further clarified they were building up to the SUP.
Mr. Scribner displayed aerial images of the property as well as the surrounding area. The Future
Land Use Map (FLUP) called for large-scale industrial all throughout the area with low-density
residential to the south. Mr. Scribner also displayed the site plan of what the applicant proposed.
The plan contained nine(9) small warehouse buildings ranging from about twenty-three thousand
(23,000) square feet to seventy thousand (70,000) square feet. He reiterated that the rezone itself
was for GC which did not allow for that use until they obtained the SUP. The item went before the
Planning and Zoning Commission in August with no testimony from the public nor were there
comments online. Both Staff and the Planning and Zoning Commission recommended approval.
Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item.
City Council Regular Meeting Minutes
September 14,2023
Page 3 of 24
As someone who lived off Sjolander, Mr. Isaac shared the sentiments from those on his side of
town. They were tired of all the traffic and noise. Mr. Isaac relayed they understood that there was
a plan and hoped they could participate in that plan. He further noted they lived outside of the City
limits and did not get to vote nor participate in elections. Thus, they needed representation. On
behalf of his community, Mr. Isaac stated they did not want this. While OR zoning was fine, he
did not like the implications of the warehouses.
Mayor Capetillo announced a citizen, Mr. Marlon Ratliff,had signed up to speak on the item.
Mr. Ratliff spoke in opposition of the rezone and the SUP for the warehouse project. In viewing
the site plan,he acknowledged it looked lucrative. However,did they really need more warehouses
on the interstate? Mr. Ratliff made note of the warehouses around Sjolander that were not finished
and those that were not full. He questioned if the City considered the impact to the residents in that
vicinity. With Gateway Ten, they told the public there would be retail but they did not do as they
said they would. Mr. Ratliff also noted this would limit Baytown and there would not be much
open space left. He ended on the note that there were better uses for that land than the warehouses.
Mayor Capetillo announced a citizen, Mr. Ryan Sweeney, had signed up to speak on the item.
Mr. Sweeney was present on behalf of BCS Capital Group, the investor/development company
looking at developing the project. The company considered different options of what could go
there, but it was a very limited development site. He noted there were three (3) major pipelines
and a big lake on the property. The configuration of the track also did not lend itself to anything.
Nevertheless, Mr. Sweeney assured they were taking in to account all of the concerns they heard
that day and the concerns they expected to hear. He provided a presentation further detailing the
project,but his time to speak ran out. Mayor Capetillo entertained a motion to extend his time.
A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Mike
Lester to extend the citizen speaker's time to finish presenting their slides.The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tem Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
Mr. Sweeney continued on with his presentation with aerial images of the property along with
conceptual renderings of the buildings. He assured BCS Capital Group adopted all the City's re-
quirements and they would not have access to Sjolander because of the pipeline.
At 6:53 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official
zoning map to rezone approximately 46.4 acres at 7128 E. IH-10, from OR to GC.
City Council Regular Meeting Minutes
September 14,2023
Page 4 of 24
b. Consider an ordinance to amend the official zoning map to rezone approximately 46.4
acres at 7128 E. IH 10, from Open Space/Recreation (OR) to General Commercial (GC)
Zoning District.
While the details of what would go in the Special Use Permit(SUP)were discussed in the previous
item, Planning and Development Director Martin Scribner noted the current item was for the re-
zone. The rezone would only be for the uses allowed by General Commercial (GC).
If approved,Mayor Capetillo asked the developer for the front facade facing IH-10 to put as much
glass or to have an office-type of facade.Council Member Griffith also asked what type of clientele
were they looking to accommodate. BCS Capital Group Representative Ryan Sweeney listed the
type of companies that contacted them, such as: supply, service, and manufacturing companies.
A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tem Mike
Lester to approve Ordinance No. 15,533, related to Item 3.b. However, there was discussion prior
to the vote.
Council Member Alvarado commented she was against adding warehouses and distribution cen-
ters along IH-10. As the residents mentioned, Council approved projects but the developers do not
deliver what they said they would. Also, Sjolander was a highly traveled road and she did not want
to entertain improvements that would allow heavy-truck traffic. She instead wished to alleviate
traffic from residential zoning areas. Mayor Pro Tem Lester agreed and noted that was what they
set the stage for when they added a SUP requirement in their last couple of sessions. The develop-
ers would have to deliver what they proposed. Further discussion ensued over the SUP.
Council Member Graham challenged Council to quit telling each other the only thing that could
go there was a warehouse. She requested that they make decisions that might attract something
different. She wanted to see something different and Council Member Griffith echoed the senti-
ment. He was torn because he saw the benefit of the warehouses, but they already had warehouse
spaces that were not being used. Mr. Scribner reiterated that the first motion would allow things
like restaurants and retail,but not warehouses. If the rezone to GC was not approved,the chances
that Council would see that come back as GC with a different proposal were high.Council Member
Powell believed GC was the correct zoning for IH-10 frontage and was thus in favor of Item 3.b.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tem Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
City Council Regular Meeting Minutes
September 14,2023
Page 5 of 24
ORDINANCE NO. 15,533
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAY-
TOWN TO REZONE APPROXIMATELY 46.4 ACRES LOCATED AT 7128 E. IH
10, LEGALLY DESCRIBED AS TRACTS 1, 1R, 1R-1, 1L, AND 1M, ABSTRACT
954, A. SMITH, HARRIS COUNTY,TEXAS, FROM AN OPEN SPACE/RECREA-
TION(OR)ZONING DISTRICT TO A GENERAL COMMERCIAL(GC)ZONING
DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICA-
TION AND EFFECTIVE DATE THEREOF.
4. SPECIAL USE PERMIT (SUP) TO ALLOW FOR A WAREHOUSE
DEVELOPMENT FOR APPROXIMATELY 46.4 ACRES OF LAND LOCATED AT 7128
E. IH 10
a. Conduct a public hearing for a Special Use Permit (SUP) to allow for a warehouse
development within the General Commercial (GC) Zoning District for approximately 46.4
acres of land located at 7128 E.IH 10.
At 7:05 P.M., Mayor Capetillo opened the public hearing for a Special Use Permit(SUP)to allow
for a warehouse development within the General Commercial (GC) Zoning District for approxi-
mately 46.4 acres of land located at 7128 E. IH-10.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
He made note of the conditions for warehousing in GC,particularly that they must get a SUP. The
applicant met all the other conditions. Mr. Scribner displayed the site plan to further detail the
property and project. It would not have access to Sjolander due to pipeline easements. The ware-
house buildings would also be small and the layout was not conducive to semi-truck traffic.
The SUP would memorialize the site plan and would also allow Council to add conditions. Mr.
Scribner relayed there would be substantial buffering and open space between them and the adja-
cent users. The only road access they had would come out onto the frontage road for IH-10. Mr.
Scribner then discussed the criteria for approving a SUP as follows:
1) Compatible with and not injurious to adjacent properties;
2) Will not impede normal, orderly development;
3) Will ensure adequate utilities;
4) Will ensure adequate nuisance prevention measures;
5) Sufficient landscaping and screening;
6) Consistent with the Comprehensive Plan and Unified Land Development Code(ULDC); and
7) The site plan must meet the criteria set forth in ULDC.
Mr. Scribner informed Council that the applicant met those criteria. The matter went before the
Planning and Zoning Commission in August with not testimony from the public nor online com-
ments. Staff and the Planning and Zoning Commission recommended approval.
Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item.
City Council Regular Meeting Minutes
September 14,2023
Page 6 of 24
Mr. Isaac was appreciative of the presentation,but he reiterated the people of Sjolander Road were
not represented by Baytown. While there may not be heavy trucks expected with the SUP,it would
contribute to the overwhelming traffic that was already there. He also noted about eighty-six per-
cent(86%)of people,according to a non-scientific poll,were opposed to having more warehouses
on IH-10. He profusely repeated that they did not want them.
Mayor Capetillo announced a citizen, Mr. Marlon Ratcliff,had signed up to speak on the item.
Mr. Ratcliff echoed that they did not have representation. He was heavily impacted by Gateway
Ten who promised they would not have access to Sjolander. They put an emergency exit gate,but
Mr. Ratcliff conveyed the gate had been open. He stated they"tore Sjolander up"by building the
developments east of Sjolander. While this impacted him personally, Mr. Ratcliff discussed how
it also affected Baytown's image. With regard to the property not being good enough for anything
else,Mr. Ratcliff disagreed. On Gateway Ten, he suggested there could have been restaurants and
stores there. He wanted something there that would benefit him and the residents of the town.
Mayor Capetillo announced a citizen, Mr. Ryan Sweeney, had signed up to speak on the item.
Mr. Sweeney understood the citizens' position; however, he had a constructive viewpoint. How
would they know that any particular use,other than what BCS Capital Group was proposing,would
not create just as much or more traffic? He shared the findings of their initial Traffic Impact Anal-
ysis and noted they did not see a lot of people taking a ride on Sjolander for their project. Mr.
Sweeney also believed it was important to distinguish the types of warehousing that they were
talking about. The vacancy rates and buildings that were incomplete were larger buildings. Theirs
were small and would be sold to small businesses. He alleged that was the best use for the site.
At 7:19 P.M., Mayor Capetillo closed the public hearing for a Special Use Permit (SUP) to allow
for a warehouse development within the GC Zoning District for approximately 46.4 acres of land
located at 7128 E. IH-10.
b. Consider an ordinance authorizing a request for a Special Use Permit(SUP) to allow
for a warehouse development within the General Commercial (GC) Zoning District for
approximately 46.4 acres of land located at 7128 E. IH 10.
Planning and Development Director Martin Scribner reminded Council that they had the option
for any reasonable conditions or restrictions on the property to be a part of their motion.
Mayor Capetillo requested for their front façade to be at least fifty percent(50%)stacked stone,or
some type of stone material, and glass. He suggested it could be a mix but to at least have fifty
percent (50%) of that. If it were to be a business park, it needed to look like that and not a ware-
house park. With the access road, Mayor Capetillo requested that no roadway would be permitted
in any way. BCS Capital Group Representative Ryan Sweeney agreed to both terms.
Additional requests were made, but Mr. Sweeney ultimately responded that the buildings would
be sold and he could not represent what they planned to do. Nevertheless, Mayor Capetillo addi-
tionally asked for downlighting that would not emit light pollution. Mr. Sweeney replied they had
not gotten to that point,but they would take all the necessary efforts to meet that. Council Member
Alvarado wished for the front offices to cater to what the residents in that area were looking for,
City Council Regular Meeting Minutes
September 14,2023
Page 7 of 24
such as retail or food businesses. Mr. Sweeney responded that was possible, but it would be hard
to guarantee those types of uses. Council Member Graham similarly specified certain businesses
she wished to have on the property, such as: restaurants, emergency rooms (ERs), and retail.
Council Member Powell countered that if they wanted to specify every single thing that would go
on the property, it was for sale and he encouraged them to buy it. While he would not say the
proposal was the best use for the property, he believed it worked. The warehousing on the corner
of that property was happening and they could not undo that. Thus, they would be limited on who
would want to build next to large-scale warehousing.He believed it was a step in the right direction
to make that use less intense with those smaller warehouses. Council Member Powell hoped it
would prompt an even less intensive use next to it.
As far as traffic, Council Member Powell inquired over the potential improvements on Sjolander
that may help Council make their decision. Public Works and Engineering Director Frank Simo-
neaux spoke a bit on the IH-10 Intersection Project, of which the intersection along Sjolander was
the highest priority. The project would add a right-turn lane and a U-turn among other improve-
ments. Staff was trying to get the project finalized and designed as soon as they could.
Mayor Pro Tern Lester expressed concern of the uses in General Commercial (GC), aside from
restaurants and ERs, that would not be "nice." He explained they wanted IH-10 to look nice with
nice buildings, and the SUP would allow them to put that in stone. If they had the opportunity to
control a development to some extent,they needed to take the opportunity in his opinion.
City Manager Jason Reynolds informed Council on a future strategy in development that may help
them make data-driven decisions. As the developers had data that showed what was the best use,
the City needed to have their own data. Mayor Capetillo gave a few additional suggestions on that
note, such as revisiting the Future Land Use Map (FLUP).
A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tem Mike
Lester to approve Ordinance No. 15,534,related to Item 4.b.,with the following provisions: 1)the
front buildings' façade facing IH-10 would have a fifty percent(50%)mix of glass, stacked stone,
and/or stone material; 2)the backside of the property could not be used for any access to Sjolander
Road; and 3)to have downlighting and keep all the light on the property. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Jacob Powell, and Mayor Pro Tem Mike Lester
Nays: Council Member Sarah Graham and Council Member Kenrick Griffith
Other: Council Member Heather Betancourth(Absent)
Approved
[MISSING 15,534—Still with Legal]
City Council Regular Meeting Minutes
September 14,2023
Page 8 of 24
5. SPECIAL USE PERMIT (SUP) TO ALLOW FOR A CREMATORIUM ON
APPROXIMATELY 3.23 ACRES OF LAND LOCATED AT 2850 FERRY ROAD
a. Conduct a public hearing to approve a Special Use Permit (SUP) for approximately
3.23 acres located at 2850 Ferry Road to allow for a funeral home with a crematorium within
a General Commercial (GC) Zoning District.
At 7:45 P.M., Mayor Capetillo opened the public hearing to approve a Special Use Permit (SUP)
for approximately 3.23 acres located at 2850 Ferry Road to allow for a funeral home with a crem-
atorium within a General Commercial (GC) Zoning District.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
Mr. Scribner provided aerial images of the property in question which was attached to the Masonic
Cedarcrest Cemetery. The zoning was GC which did allow for a funeral home and a crematorium
with the condition that they get a SUP approved by Council. Mr. Scribner confirmed the Future
Land Use Map (FLUP) supported the current uses of the property and the surrounding area.
Mayor Capetillo understood the crematorium operation but inquired if there would be a funeral
home developed where people would hold funeral services. Mr. Danny Duncan, the applicant,
replied they had to have a funeral home according to Texas State law. However, he did not plan
on having funerals there but it had to be designed that they could.
Mr. Scribner then provided a general layout of the site. The criteria for approval of a SUP applied
to this property and Staff determined it met those criteria. The issue went before the Planning and
Zoning Commission in August with no testimony from the public nor online comments. Thus,
Staff and the Planning and Zoning Commission recommended approval of the SUP.
At 7:50 P.M.,Mayor Capetillo closed the public hearing to approve a SUP to allow a funeral home
with a crematorium within a GC Zoning District.
b. Consider an ordinance authorizing a request for a Special Use Permit(SUP) to allow
for a crematorium within the General Commercial (GC) Zoning District for approximately
3.23 acres of land located at 2850 Ferry Road.
A motion was made by Mayor Pro Tem Mike Lester and seconded by Council Member Jacob
Powell to discuss Item 5.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tem Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
City Council Regular Meeting Minutes
September 14,2023
Page 9 of 24
Mayor Pro Tem Lester inquired if they had a facade or elevation of the building. Mayor Capetillo
similarly asked if they had a general rendering. Mr. Danny Duncan, the applicant, replied the
building would be sixty (60) by thirty (30). It would be a metal building with a brick front. As
crematories were heavily regulated, it would be done according to the State and the Texas Air
Commission. Mayor Pro Tern Lester further questioned if there were specific requirements for the
construction, such as brick on the front of a metal building. Planning and Development Director
Martin Scribner replied, no,the zoning code is not allowed to require those things. On the Special
Use Permit(SUP), the Planning and Zoning Commission was not recommending any conditions.
A motion was made by Council Member Sarah Graham and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,535, related to Item 5.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tern Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 15,535
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT TO ALLOW FOR A CREMATO-
RIUM USE; PERMITTING THE FOLLOWING PROPERTY, WHICH IS PRES-
ENTLY ZONED AS A GENERAL COMMERCIAL ZONING DISTRICT,BEING A
COMBINATION OF ALL OF TRACTS 1 AND 2 IN THE CHRISTIAN SMITH
SURVEY ABSTRAST NO. 69, AND CONTAINING APPROXIMATELY 3.23
ACRES OF LAND,AS DESCRIBED IN INSTRUMENT NUMBER RP-2023-14792
OF HARRIS COUNTY, TEXAS, CLERK REAL PROPERTY RECORDS, AT-
TACHED AS EXHIBIT "A;" PROVIDING THAT THIS SPECIAL USE PERMIT
SHALL BE GRANTED SUBJECT TO CERTAIN CONDITIONS; PROVIDING
THAT THIS SPECIAL USE PERMIT SHALL BE GRANTED SUBJECT TO CER-
TAIN CONDITIONS; PROVIDING A MAXIMUM PENALTY OF TWO THOU-
SAND AND NO/100 DOLLARS ($2,000.00); AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO
SUCH PERMIT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
6. UNOPPOSED CANDIDATE—COUNCIL MEMBER DISTRICT NO. 5
a. Receive the Certificate of Unopposed Status for the Office of Council Member,
District No. Five.
As they had obtained the Certificate of Unopposed Status for the Office of Council Member Powell
of District No. Five (5), Mayor Capetillo considered the item received.
City Council Regular Meeting Minutes
September 14,2023
Page 10 of 24
b. Consider an ordinance declaring the unopposed candidate Jacob Powell elected to the
Office of Council Member District No. Five of the City of Baytown.
A motion was made by Mayor Pro Tern Mike Lester and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,536, related to Item 6.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tem Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
ORDINANCE NO. 15,536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE UNOPPOSED CANDIDATE JACOB POWELL
ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. FIVE(5)OF
THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL
ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 7TH DAY OF NO-
VEMBER, 2023, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER
OF COUNCIL DISTRICT NO. FIVE (5) OF THE CITY OF BAYTOWN; ORDER-
ING THE CITY CLERK TO INCLUDE ON THE BALLOT FOR THE CITY'S MU-
NICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF NOVEMBER,2023,A
HEADING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED"
UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT
NO. FIVE (5) AND JACOB POWELL'S NAME SHALL APPEAR; AND PROVID-
ING FOR THE EFFECTIVE DATE THEREOF.
7. UNOPPOSED CANDIDATE - COUNCIL MEMBER DISTRICT NO. 6
a. Receive the Certificate of Unopposed Status for the Office of Council Member,
District No. Six.
As they had obtained the Certificate of Unopposed Status for the Office of Mayor Pro Tem Lester
of District No. Six (6), Mayor Capetillo considered the item received.
b. Consider an ordinance declaring the unopposed candidate Mike Lester elected to the
Office of Council Member District No. Six of the City of Baytown.
A motion was made by Council Member Kenrick Griffith and seconded by Council Member Sarah
Graham to approve Ordinance No. 15,537, related to Item 7.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tern Mike Lester
City Council Regular Meeting Minutes
September 14,2023
Page 11 of 24
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
ORDINANCE NO. 15,537
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE UNOPPOSED CANDIDATE MIKE LESTER
ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. SIX (6) OF
THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL
ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 7th DAY OF NO-
VEMBER, 2023, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER
OF COUNCIL DISTRICT NO. SIX(6)OF THE CITY OF BAYTOWN;ORDERING
THE CITY CLERK TO INCLUDE ON THE BALLOT FOR THE CITY'S MUNICI-
PAL ELECTION TO BE HELD ON THE 7th DAY OF NOVEMBER,2023,A HEAD-
ING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER
WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. SIX
(6)AND MIKE LESTER'S NAME SHALL APPEAR; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
8. PROPOSED ORDINANCES
a. Consider an ordinance amending the City of Baytown utility rates.
Chief Financial Officer Teresa McKenzie opened the item by recalling their previous budget
presentation for the proposed budget where they included a six percent(6%)water and sewer rate
increase. She provided the visuals below to recap their rates and their impact to consumers:
• IN Nate • New Rate
400 * Assumes 2,000 gallons of usage
$40
t.0 C 3 M a--i
$20 p, Ca O Cfl Cr, M p O
M
M M M M It) M 117 Lr)
VS
$0
Single family Multi Family Single Family Multi-Familyy
(Inside City) (Inside City) (Outside City) (Outside City)
Combined Water&Sewer Rates
City Council Regular Meeting Minutes
September 14,2023
Page 12 of 24
■ Old Rate • New Rate
sl50 * Assumes 6,000 gallons of usage
sum
$50
O ^ O CO C.O C . GV
I� M ^ M
CO CO CO CO T.'4 eM—I ,I 1 aM-1-I
SO
Single Famiy Multi-Family Single Family Multi-Family
(Inside city) (Inside Oily) (Outside City) (Outside City)
Combined Water&Sewer Rates
WATER AND SEWER RATE SURVEY—COMBINED MONTHLY BILL
*Assumes a Single-Family Residential Customer(Inside City)with 2,000 Gallons of Monthly Water Usage
$50 — $47.02 — $45.75
$40 EIII6oj395j334j136j
$30
$20
$10
$0
Sugar Land Pearland Baytown Baytown Deer Park League Houston
Proposed Existing City
WATER AND SEWER RATE SURVEY—COMBINED MONTHLY BILL
*Assumes a Single-Family Residential Customer(Inside City)with 5,000 Gallons of Monthly Water Usage
$100 — $89.27
$80 $78.03 _ $75.18 _ $73.54 — $72.26 _ $71.439 —
$58.96
$ 0 III ■ ■ II III$440
$20 M — MIL
$0 <. .�..._._.�_ __
Houston Pearland Baytown Deer Park Baytown Sugar Land League
Proposed Existing City
City Council Regular Meeting Minutes
September 14,2023
Page 13 of 24
A motion was made by Council Member Sarah Graham and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,538, related to Item 8.a. However, there was discussion
prior to the vote.
Mayor Pro Tem Lester commented that Ms. McKenzie indicated the six percent(6%) was neces-
sary because of the increased charge form BAWA. However, he stated it was actually because of
the increased charge from the City of Houston to BAWA and then to the City of Baytown. Council
Member Alvarado also informed residents that they had the option to go in person or on the phone
to talk to the Utility Billing Office to take a look at their bill.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tem Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
ORDINANCE NO. 15,538
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAP-
TER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98-59
"RATES," SUBSECTION (A) AND ARTICLE IV "SEWER SERVICE," SECTION
98-91 "SEWER SERVICE CHARGE" OF THE CODE OF ORDINANCES, BAY-
TOWN, TEXAS, TO UPDATE SERVICE FEES; PROVIDING FOR A PENALTY
NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS ($500.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
b. Consider an ordinance to adopt or postpone the City of Baytown Fiscal Year 2023-24
Municipal Budget.
Chief Financial Officer Teresa McKenzie presented the City of Baytown's Fiscal Year 2023-24
Budget, as follows:
BUDGET REALIGNING FOR A
SUST B TO ' . '. OW
SNAPSHOT 4, ity of Ba n P ed Budget
* Fiscal Year Ending September 30, 2024
Property Tax Revenue I Property Tax Rate I Fund Balance n n
II�II
$25,450,617 72.00 / $100 $26,655,650 DEBT
75 Days Operating
City Council Regular Meeting Minutes
September 14,2023
Page 14 of 24
Personnel Costs
w
r m ' Water&Sewer Rate
GF Revenue GF Expenditures 6%
$133,068,544 $136,089,348
73.2%
Revenue Expenditures
Water& Sewer $54,362,473 $54,652,228 Ca•ital Pro•ram 2024
Hotel/Motel $1,742,577 $1,575,111 Total CIP - $143.1 Mil
Aquatics $3,893,308 $4,534,548 General Fund CIP $15.0 Mil
Sanitation $7,616,804 $8,308,309
Storm Water $5,058,792 $4,623,566
Garage $3,050,000 $3,362,722 Sales Tax
Warehouse $390,204 $461,447 % $21.6 Mil
In their agenda packets, Ms. McKenzie noted the Council Members were also provided a list of
projects there were and were not funded this year out of the General Fund.
A motion was made by Council Member Sarah Graham and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,539, related to Item 8.b. However, there was discussion
prior to the vote.
Mayor Pro Tern Lester spoke on the Capital Improvement Plan(CIP) list that came from the CIP
Committee and Staff. He explained everything below the red line did not make the cut,but would
not go away. They just needed to look at that for the future. He gave kudos to Staff and everybody
that worked with the CIP Committee on the list. The CIP Committee looked forward to going in
to the future and developing a five(5)year rotating CIP plan. Council Member Graham also agreed
with the list and expressed her appreciation to Staff and everyone on the CIP Committee.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tem Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
ORDINANCE NO. 15,539
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGIN-
NING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024, IN ACCORD-
ANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF
City Council Regular Meeting Minutes
September 14,2023
Page 15 of 24
BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
c. Consider an ordinance authorizing Public Necessity for four(4) tracts of land for the
South Main Drainage Improvements Phase 2 Project.
Public Works and Engineering Assistant Director Michael Leech presented the item to Council.
Mr. Leech relayed that Staff was requesting from Council the authorization for a Declaration of
Public Necessity. The South Main Drainage Improvements Phase 2 Project was a capital project
for South Main Street. Mr. Leech noted the project encompassed a drainage corridor as well as a
detention pond. It would be cooperatively funded with Harris County Flood Control, and property
acquisition was required. Mr. Leech displayed an aerial image to show the limits of the project.
He briefly spoke on the Public Necessity process that had been previously presented to Council.
A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob
Powell to approve Ordinance No. 15,540,related to Item 4.e. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tern Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
ORDINANCE NO. 15,540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE FOUR (4) TRACTS OF
LAND FOR THE SOUTH MAIN DRAINAGE IMPROVEMENTS PHASE 2 PRO-
JECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITIONS;
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR
THE SOUTH MAIN DRAINAGE IMPROVEMENTS PHASE 2 PROJECT; AP-
POINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHOR-
IZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO
ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE AC-
QUIRED;AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL
STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES;AND AU-
THORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEM-
NATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE
NEGOTIATIONS ARE NOT SUCCESSFUL;AND PROVIDING FOR THE EFFEC-
TIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 14,2023
Page 16 of 24
9. PROPOSED RESOLUTIONS
a. Consider a resolution accepting a donation from ExxonMobil to assist in paying
expenses associated with the Grito Festival.
Mayor Capetillo announced Item 9.a. would be postponed to the September 28, 2023, meeting so
representatives from ExxonMobil would be present.
10. REPORTS
a. Receive the 2023 Appraisal Rolls certified by the Harris County Appraisal District
and the Chambers County Appraisal District.
Chief Financial Officer Teresa McKenzie presented the 2023 Appraisal Rolls certified by the Har-
ris County Appraisal District and the Chambers County Appraisal District, as follows:
2023 APPRAISAL ROLL CERTIFIED BY HARRIS COUNTY APPRAISAL DISTRICT
Total Appraised Value $7,195,456,084
Total Taxable Value $5,585,877,131
Total Uncertified(Taxable Value) $540,652,189
2023 APPRAISAL ROLL CERTIFIED BY CHAMBER COUNTY APPRAISAL DISTRICT
Total Certified Taxable Value $444,887,640
Mayor Capetillo noted that the Total Appraised Value for the Harris County Appraisal District had
been incorrectly posted as: $7,195,456.084. The decimal should have been a comma.
b. Receive the no-new revenue tax rate and voter-approval tax rate.
Chief Financial Officer Teresa McKenzie relayed the rolls presented to Council on Item 10.a. were
used to calculate the tax rate for this year. The tax rates were presented as follows:
PROPERTY TAX RATE COMPARISON
2023-2024 2022-2023
No New Revenue Tax Rate $0.72594/$100 $0.75156/$100
No New Revenue Maintenance and Operations Tax Rate $0.44918/$100 $0.45287/$100
Voter Approval Tax Rate $0.72585/$100 $0.81383/$100
With that, Ms. McKenzie explained that was why Staff was proposing a tax rate of 720, flat.
11. CONSENT
A motion was made by Council Member Jacob Powell and seconded by Council Member Sarah
Graham to approve Consent Agenda Items 11.a. through 11.m. The vote was as follows:
City Council Regular Meeting Minutes
September 14,2023
Page 17 of 24
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Jacob Powell, and Mayor Pro Tern Mike Lester
Nays: None
Other: Council Member Heather Betancourth(Absent)
Approved
a. Consider a resolution adopting the Baytown Emergency Operations Plan.
RESOLUTION NO. 2,857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE CITY OF BAYTOWN'S EMERGENCY OPERATIONS
PLAN — BASIC PLAN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance authorizing a payment to Versaterm, Inc., for the annual
support and software maintenance.
ORDINANCE NO. 15,541
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY-FIVE
THOUSAND ONE HUNDRED FIFTEEN AND NO/100 DOLLARS ($225,115.00)
TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTE-
NANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVID-
ING FOR THE EFFECTIVE DATE THEREOF.
c. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management
Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage with
MidWest Employers Casualty Company.
ORDINANCE NO. 15,542
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGE-
MENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS'
COMPENSATION EXCESS COVERAGE FOR FY 2024; AUTHORIZING PAY-
MENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-SIX THOU-
SAND EIGHT HUNDRED EIGHTY AND NO/100 DOLLARS ($146,880.00) FOR
THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAK-
ING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 14,2023
Page 18 of 24
d. Consider an ordinance authorizing the renewal of an interlocal agreement with the
Texas Municipal League Intergovernmental Risk Pool as the administrator for the City of
Baytown's property and casualty insurance.
ORDINANCE NO. 15,543
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNIC-
IPAL LEAGUE FOR THE ANNUAL PROPERTY AND CASUALTY INSURANCE
PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED ONE MILLION SEVEN HUNDRED SEVENTEEN
THOUSAND ONE HUNDRED NINE AND NO/100 DOLLARS ($1,717,109.00)
FOR THE ANNUAL PROPERTY AND CASUALTY INSURANCE PROGRAM
FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND
DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing an Interlocal Agreement with Lee College District
for the use of its Wellness Center and Swimming Pool by the City Council members and City
employees.
ORDINANCE NO. 15,544
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE-
CUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR
THE USE OF ITS WELLNESS CENTER AND SWIMMING POOL BY CITY
COUNCIL MEMBERS AND CITY EMPLOYEES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing an Amendment for Services at an Onsite Center
with Concentra Health Services, Inc., and authorizing payment to Concentra Health
Services,Inc.,for the administration of an employee health clinic,including medical services
and supplies.
ORDINANCE NO. 15,545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR SER-
VICES AT AN ONSITE CENTER WITH CONCENTRA HEALTH SERVICES,
INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND AND NO/100 DOL-
LARS ($600,000.00) FOR ADMINISTRATION OF AN EMPLOYEE HEALTH
CLINIC, INCLUDING MEDICAL SERVICES AND SUPPLIES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
g. Consider an ordinance authorizing a Consulting Services Agreement with Binkley&
Barfield,Inc.,for the West District Wastewater Treatment Plant One Rehabilitation Project.
City Council Regular Meeting Minutes
September 14,2023
Page 19 of 24
ORDINANCE NO. 15,546
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH BIN-
KLEY & BARFIELD, INC., FOR ENGINEERING SERVICES FOR THE WEST
DISTRICT WASTEWATER TREATMENT PLANT ONE REHABILITATION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED EIGHT HUNDRED THOUSAND ONE HUNDRED
AND NO/100 DOLLARS ($800,100.00); MAKING OTHER PROVISIONS RE-
LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing the purchase of one(1)fleet vehicle from Friendly
Ford of Crosby, for Animal Control in the Health Dept.
ORDINANCE NO. 15,547
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) FLEET VEHICLE FROM
FRIENDLY FORD FOR THE HEALTH DEPARTMENT; AUTHORIZING PAY-
MENT TO FRIENDLY FORD IN AN AMOUNT NOT TO EXCEED SIXTY-ONE
THOUSAND AND NO/100 DOLLARS ($61,000.00); MAKING OTHER PROVI-
SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
i. Consider an ordinance granting a pipeline permit to LCY Elastomers LP, for one 4-
inch pipeline.
ORDINANCE NO. 15,548
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO LCY ELASTOMERS LP, TO IN-
STALL ONE NEW 4-INCH PIPELINE, APPROXIMATELY 0.3 MILES IN
LENGTH; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING
AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT
THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
j. Consider an ordinance renewing the Annual Hot-Mix Asphalt Contract to Texas
Materials Group, Inc., d/b/a Gulf Coast.
ORDINANCE NO. 15,549
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL HOT-MIX ASPHALT CONTRACT WITH
TEXAS MATERIALS GROUP, INC., DB/A GULF COAST AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUN-
DRED SEVENTY FIVE THOUSAND NINE HUNDRED TWENTY-FOUR AND
NO/100 DOLLARS ($175,924.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 14,2023
Page 20 of 24
k. Consider an ordinance authorizing an Interlocal Agreement with Harris County for
the Wallisville Road Widening from 900' west of John Martin Road to 965' west of Garth
Road Project.
ORDINANCE NO. 15,550
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS
COUNTY FOR THE WALLISVILLE ROAD WIDENING FROM 900' WEST OF
JOHN MARTIN ROAD TO 965'WEST OF GARTH ROAD PROJECT; AUTHOR-
IZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EX-
CEED ONE HUNDRED THIRTY-FOUR THOUSAND FOUR HUNDRED
NINETY-TWO AND 61/100 DOLLARS ($134,492.61); MAKING OTHER PROVI-
SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
1. Consider an ordinance authorizing the first amendment to the Detention Agreement
originally entered into with REME Financial,LLC.
ORDINANCE NO. 15,551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AMENDMENT TO DETENTION AGREEMENT
WITH CAREYBLANCO MANAGEMENT, LLC, FOR THE COTTAGES AT SAN
JACINTO BLVD. PLANNED UNIT DEVELOPMENT; MAKING OTHER PROVI-
SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
m. Consider a resolution granting consent to the inclusion of 3.0327 acres in the William
Bloodgood League, Abstract No. 4, Chambers County, Texas, into Chambers County
Municipal Utility District No. 1.
RESOLUTION NO. 2,858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 3.0327 ACRES OF
LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
BAYTOWN, TEXAS, IN CHAMBERS COUNTY MUNICIPAL UTILITY DIS-
TRICT NO. 1; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
12. BOARDS AND COMMISSIONS
a. Receive a report from the Board and Commission Review Committee.
Mayor Capetillo announced Items 12.a. and 12.b. would be considered together.
As Chair of the Boards and Commissions Ad Hoc Committee,Council Member Alvarado provided
a PowerPoint presentation with the following talking points:
City Council Regular Meeting Minutes
September 14,2023
Page 21 of 24
COMMITTEE MEMBERS COMMITTEE PURPOSE
Chair,Laura Alvarado,District 1 Review and discuss the policies, processes, and
Sarah Graham, District 2 procedures for Boards and Commissions.
Heather Betancourth,District 4
Municipal Development District(MDD)-Current
• Purpose:Manage sales taxes received to facilitate economic development growth that will enhance
the quality of life for the City of Baytown.
• 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.
MDD Proposal
• Purpose:Manage sales taxes received to facilitate economic development growth that will enhance
the quality of life for the City of Baytown.
• 7 members
- Elected(Mayor+City Council)
• Meetings held congruently with City Council meetings as needed.
Council Member Alvarado noted the proposal was presented to the MDD earlier that day,but there
was only one(1) citizen member at the meeting. He provided feedback and was not in opposition.
Create a new Economic Development Advisory Committee
• Purpose: An advisory board who works with City Economic Development Staff to identify and
review opportunities that will grow and enhance the quality of life for the City of Baytown,includ-
ing but not limited to:reviewing Business Improvement Grants and make recommendations to City
Council.
• 7 non-elected members(at-large citizens appointed by City Council)
• Meetings held quarterly,or as needed.
Boards Recommended to be Dissolved
• Affirmative Action Program • Cultural Arts Council
• Architectural Committee • Fair Housing Commission
• Battleship Steering Committee • Golf Ad Hoc
• Baytown Air and Water Conservation Board • Industrial Appraisal Review Board
• Baytown Community Assistance Board • Industrial District Agreement Committee
• Baytown Museum Advisory Board • Legislative Ad Hoc Committee
• Board of Equalization • Patients at San Jac Hospital
• Council Committee on Municipal Judges • Sign Committee
Boards Recommended to be Kept
• Baytown Area Water Authority • Civil Service Commission
• Baytown Crime Control and Prevention • Fire Control,Prevention,and EMS District
• Baytown Municipal Development District • Hospitality Public Facilities Corporation
• Board of Adjustment • Planning and Zoning Commission
Council Member Alvarado mentioned there were additional boards on the list that the Committee
still had questions on and they wanted to make sure they got an opportunity to further review those.
City Council Regular Meeting Minutes
September 14,2023
Page 22 of 24
Review Process and Next Steps
• Approve MDD and Hospitality Public Facilities Corporation to run concurrently with City Council
• Moving forward:
- Aside from MDD,there were 40 other boards and commissions.
- Discussion to be held with administration support.
- Additional committee session(s) to be held to discuss remaining boards and commissions
as well as MDD make-up.
Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item.
Mr. Isaac first commended the Ad Hoc Committee for their performance. He wished to note that
there had been no mention of the Ethics Commission and requested a report on that. He spoke on
the importance of the Commission and suggested it to be citizen driven. Mr. Isaac similarly be-
lieved it was important to have a Sign Committee that was citizen driven. For the Baytown Police
Advisory Committee(BPAC), Mr. Isaac hoped Council would keep that and spoke favorably on
their behalf. He lastly suggested they should reinstate the Cultural Arts Council.
Mayor Pro Tem Lester reiterated that they had asked the other members of the MDD to provide
feedback that night. He agreed with the direction of the Ad Hoc Committee,but he wanted to hear
the MDD Director's comments before they made a formal approval. Mayor Capetillo agreed.
Council Member Graham noted they still had over ten (10) boards that were not mentioned that
night. They were trying to be very thorough and were still researching those. As far as the MDD,
she noted that Staff would make sure that all the MDD Directors got all the different items they
presented that night. In that way, Council could get the feedback they needed.
Council and Staff deliberated on how they should move forward. The Council Members agreed to
consider everything together and allow the Ad Hoc Committee to focus on those other committees.
Mayor Capetillo considered both the report and discussion on the item completed.
b. Discuss and consider the recommendation of the Boards and Commissions Ad Hoc
Committee regarding the Municipal Development District Board.
Item 12.b. was considered alongside Item 12.a.
13. APPOINTMENTS
a. Consider a resolution nominating a person to serve on the Board of Directors of the
Chambers County Appraisal District.
Council deliberated on how they would proceed with their nomination for the Board of Directors
of the Chambers County Appraisal District. Before their vote,City Attorney Scott Lemond offered
to come back and provide them with a specific list of criteria. The Council Members agreed to
push the nomination for two (2)weeks.
14. MANAGER'S REPORT
City Manager Jason Reynolds first thanked the Finance Department as well as Chief Financial
Officer Teresa McKenzie for passing her first budget.
City Council Regular Meeting Minutes
September 14,2023
Page 23 of 24
Mr. Reynolds recognized Multimedia Specialist Lloyd Lively as this was his last Council meeting.
Mr. Lively would be moving on to be the Director of Communications at the City of Navasota.
Mr. Reynolds expressed his appreciation for everything he had given to the City and wished him
the best. Mr. Lively gave a few words and expressed his love for this community. He explained
that he needed to get closer to his father to take care of him. Mayor Capetillo also expressed his
appreciation to Mr. Lively for his work there in the Council Chambers and with Channel 16.
The following departments and employees were also acknowledged by Mr. Reynolds as follows:
• Public Affairs for receiving the Silver Circle Award for the graphic design publication of
the Baytown Voice;
• Sr. Animal Control Officer and Volunteer Outreach Coordinator Candace Thomas
and Outreach Specialist Gabrielle Hubbard for transporting 19 dogs to the High Country
Veterinary Hospital in Colorado Springs, Colorado;
• While traveling to Brazil, Firefighter and Paramedic Miguel Guerrero responded to a
medical emergency mid-flight and the airline sent a letter of gratitude for his assistance;
• Emergency Medical Services (EMS) for receiving a Mission: Lifeline EMS Recognition
Gold Plus Target on behalf of the American Heart Association;
• Baytown Police Department (BPD) for their UNIDOS event coming up on Saturday,
September 16, 2023, at Town Square from 4:00 P.M. to 8:00 P.M.;
• Officer Jarrett Wilkerson for arresting somebody stealing electricity from their neighbor
and finding the folks that were stealing electricity from the City's park; and lastly
• An Unidentified Officer for being written about by a citizen who was a at a bus stop on a
hot day. The officer brought them water and a heartfelt, caring message.
15. COUNCIL MEMBER DISTRICT REPORT
a. Receive a report from Council Member Mike Lester regarding projects, programs
and events in District No. 6.
Mayor Pro Tern Lester informed the audience that the City was in discussions with a couple of
fast-food-type restaurants to be located along the Alexander area. The T-36 project was similarly
ongoing,but they were dealing with the drought trying to get the grass to grow on the golf course.
The restaurant development there should open around November 1st or the end of October. The
golf course would open in late November or early December,but the drought may delay things.
Mayor Pro Tern Lester also briefly gave updates on the Ward Road and Narcille Street improve-
ments. He lastly discussed over the area off of Alexander, Motel 19. The Baytown Police Depart-
ment (BPD)was working with the surrounding community,management, and property owners to
help reduce potential criminal activity. He gave kudos to the Chief and his team for their work.
16. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section(s) 551.071 and/or
551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to
discuss economic development negotiations.
City Council Regular Meeting Minutes
September 14,2023
Page 24 of 24
b. 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 a real property acquisition.
At 8:52 P.M., Mayor Capetillo recessed and convened in to an Executive Session pursuant to:
1) Section(s) 551.071 and/or 551.087 of the Texas Government Code to seek the advice of
the City's attorneys and/or to discuss economic development negotiations; and
2) 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 a real property acquisition.
At 11:08 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.
17. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the September 14,
2023, City Council Regular Meeting at 11:09 P.M.
61:
60,44., n*el.
Angela J son, City Clerk
City of Baytown
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