2023 10 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
October 12, 2023
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October
12, 2023, at 6:31 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
Angela Jackson
City Clerk
John Stringer
Sergeant at Arms
Mayor Capetillo convened the October 12, 2023, City Council Regular Meeting with a quorum
present at 6:31 P.M., and with all members present.
The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Graham.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on September 28, 2023.
A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura
Alvarado to approve the minutes of the City Council Work Session and Regular Meeting held on
September 28, 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 Tem Mike Lester
Nays: None
Approved
City Council Regular Meeting Minutes
October 12, 2023
Page 2 of 19
2. CITIZEN COMMENTS
Mayor Capetillo announced a citizen, Mr. David Isaac, had signed up to speak on the item.
Mr. Isaac commented over the future replacement of District No. Four (4) Council Member
Betancourth. He hoped that individual would answer the public and be available. Mr. Isaac quoted
Former Council Member Terry Sain on how important it was to be available to your constituents
and not threaten them with legal matters. Mr. Isaac shared the only legal matters he was aware of
was with Mr. James Franco who was running for the seat. Mr. Isaac discussed over those legal
issues and reiterated his hope that the person that would take this seat would be honorable.
3. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Present a proclamation designating October as National Community Planning Month
in Baytown.
Mayor Capetillo, accompanied by Planning and Development Director Martin Scribner and Staff,
read the proclamation designating October as National Community Planning Month in Baytown.
4. PROPOSED ANNEXATION OF APPROXIMATELY 0.97 ACRES OF LAND
LOCATED ON THE NORTHERLY RIGHT-OF-WAY LINE OF IH 10 AND THE
EASTERLY RIGHT-OF-WAY LINE OF F.M. 2100
a. Conduct the second public hearing regarding the proposed annexation of
approximately 0.97 acres of land located on the northerly 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).
At 6:39 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of
approximately 0.97 acres of land located on the northerly right-of-way line of interstate Highway
10 and the easterly right-of-way line of F.M. 2100.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
The item was the second public hearing for the property in question and nothing had changed at
that point. The applicant had twenty-seven (27) acres around this property that was already zoned
and annexed. Mr. Scribner then went on to describe the next following item for Council. After the
second reading at their next meeting, Council would have the rezone request to hear at that time.
At 6:40 P.M., Mayor Capetillo closed the public hearing regarding a proposed annexation.
b. Consider the first reading of an ordinance for the proposed annexation of
approximately 0.97 acres of land located on the northerly 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).
As this was for his district, Council Member Griffith shared that he knew the item was for a Quick -
Trip gas station. He commented that he believed it would be a good addition and amenity.
City Council Regular Meeting Minutes
October 12, 2023
Page 3 of 19
A motion was made by Council Member Kenrick Griffith and seconded by Mayor Pro Tern Mike
Lester to approve Ordinance No. 15,574, related to Item 4.b. However, there was discussion prior
to the vote.
Mayor Pro Tern Lester similarly commented that this would be a good resource for the City.
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 Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tem Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,574
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION
OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND
THE ANNEXATION OF APPROXIMATELY 0.97 ACRES OF LAND, LOCATED
ON THE NORTHERLY 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, WHICH
SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
5. TEXT AMENDMENT TO APPENDIX A — UNIFIED LAND DEVELOPMENT
CODE (ULDC)
a. Conduct a public hearing regarding a text amendment to Appendix A - Unified Land
Development Code (ULDC) to (1) amend Section 2.09, Table 2-2, Non -Residential Uses, to
remove "Warehouse and freight movement" as a permitted use in the General Commercial
(GC) Zoning District as well as add a footnote of proposed conditions for the expansion of
an existing warehouse use in the GC zoning district; (2) to remove Section 2.10.A.40, Land
Use Conditions, Warehouse and freight movement; (3) to amend Section 1.26(e)(4)(a)(x),
removing warehouse in GC from the list of industrial uses requiring a Special Use Permit
(SUP), replacing with the expansion of an existing or vested warehouse in GC, and (4) to
amend Section 1.27(b)(2)(a) to allow for the expansion of an existing nonconforming use with
a Special Use Permit.
At 6:43 P.M., Mayor Capetillo opened the public hearing regarding text amendments to the Unified
Land Development Code (ULDC), as described on the Agenda Item.
City Council Regular Meeting Minutes
October 12, 2023
Page 4 of 19
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
He relayed the ordinance would do two (2) things which had been requested about a month ago.
First, it would remove warehouses as any kind of permitted use in General Commercial (GC).
However, if applicants were already vested and moving forward with their process, they would be
allowed to continue with that process. The amendment would also address the warehouses already
in GC. If they wanted to expand in the future, they would be allowed to do so only by coming
through the Planning and Zoning Commission and the City Council to approve a Special Use
Permit (SUP). Otherwise, no new warehouses in GC would be allowed after this was passed.
At 6:45 P.M., Mayor Capetillo closed the public hearing regarding text amendments to the Unified
Land Development Code (ULDC).
b. Consider an ordinance regarding a proposed text amendment to Appendix A -
Unified Land Development Code (ULDC) to (1) amend Section 1.26 to add Subsection
(e)(4)(x) to remove warehouse in GC from the list of industrial uses requiring a Special Use
Permit (SUP), replacing with the expansion of an existing or vested warehouse in GC, (2)
amend Section 1.27(b)(2)(a) to allow for the expansion of an existing nonconforming use with
a Special Use Permit, (3) amend Section 2.09, Table 2-2, Non -Residential Uses, to remove
"Warehouse and freight movement" as a permitted use in the General Commercial (GC)
Zoning District and add a footnote of proposed conditions for the expansion of an existing
warehouse use in the GC zoning district; and (4) amend Section 2.10 to remove column A.40,
Land Use Conditions, Warehouse and freight movement.
A motion was made by Council Member Jacob Powell and seconded by Council Member Kenrick
Griffith to approve Ordinance No. 15,575, 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 Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, SUB-
PART B "LAND DEVELOPMENT CODE," APPENDIX A "UNIFIED LAND DE-
VELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3
"ADMINISTRATION AND PROCEDURES," SECTION 1.26 "REZONING, SPE-
CIAL USE PERMITS, AND ZONING TEXT AMENDMENTS" TO ADD SUBSEC-
TION (E)(4)(X) "EXPANSION OF WAREHOUSE, FREIGHT MOVEMENT, AND
LOGISTICS USES LOCATED IN A GC DISTRICT PRIOR TO OCTOBER 12,
2023;" AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, SUB-
PART B "LAND DEVELOPMENT CODE," APPENDIX A "UNIFIED LAND DE-
VELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 3
"ADMINISTRATION AND PROCEDURES," SECTION 1.27 "NONCONFORMI-
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City Council Regular Meeting Minutes
October 12, 2023
Page 6of19
Scott Nason used that opportunity to discuss over who they were, what their project was about,
and why they should choose energy storage. CAC Specialty Vice President Robert Carvell then
addressed the question that was raised. While it would be unmanned, it would not be unmonitored.
He spoke on the engineering of the site and how the batteries would be monitored. As a firefighter,
Mr. Carvell also spoke on how they would collaborate with the Baytown Fire Department. In ad-
dition, Regis Energy contracted a national response company should anything happen.
Council Member Graham wondered why the batteries seemed to be awkwardly placed on the prop-
erty. Mr. Nason responded there was a fire -line easement, so they positioned their site to avoid
that. Council Member Graham then questioned if their other communities gave them concerns
about environmental impacts. Mr. Nason answered no. Council Member Graham further asked if
there would be noise pollution. Mr. Nason answered no. Within a few feet, it would be noiseless.
From a fire safety and an environmental perspective, Council Member Powell questioned if any-
thing would be liquid -filled. Mr. Carvell replied the only liquid on -site would be the refrigerant in
the air conditioners. Other than that, the transformers would have F 15 oil which was soybean -
based. Since the project would be on a half -acre but they were doing a SUP for the entire property,
Council Member Powell questioned if they would be able to expand this in the future without
coming to Council. Mr. Hvitlok answered no. If they were to expand, it would trigger the need for
a revised SUP which would then go back through the City's public hearing process.
Mayor Pro Tem Lester then questioned the Baytown Fire Department if they felt comfortable with
their ability to respond if things were to go bad. Fire Chief Kenneth Dobson replied, yes, the Fire
Marshall's Office had been involved with this project. Chief Dobson spoke on the history of this
technology and noted the National Fire Protection Association (NFPA) had come up with some
standards. The City would follow those standards to make sure the company complied. Further-
more, the company would reach out to the Fire Department to make sure their folks were trained.
At 7:01 P.M., Mayor Capetillo closed the public hearing for a SUP for approximately 2.1 acres
located at approximately 5141 Garth Road to allow for a BESS within a GC Zoning District.
b. Consider an ordinance to approve a Special Use Permit (SUP) for approximately 2.1
acres located at approximately 5141 Garth Road, more specifically north of West Cedar
Bayou Lynchburg Road and west of Garth Road, and being more particularly described as
Lot 2B, Garth Road Holdings Replat, to allow for a Battery Energy Storage System (BESS)
within a General Commercial (GC) Zoning District.
A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,576, 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 Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tem Mike Lester
Nays: None
Approved
City Council Regular Meeting Minutes
October 12, 2023
Page 7 of 19
ORDINANCE NO. 15,576
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT FOR A BATTERY ENERGY
STORAGE SYSTEM; PERMITTING THE FOLLOWING PROPERTY, WHICH IS
PRESENTLY ZONED AS A GENERAL COMMERCIAL ("GC") ZONING DIS-
TRICT: BEING A TRACT OF LAND CONTAINING APPROXIMATELY 2.1
ACRES LOCATED AT APPROXIMATELY 5141 GARTH ROAD, MORE SPECIF-
ICALLY NORTH OF WEST CEDAR BAYOU LYNCHBURG ROAD AND WEST
OF GARTH ROAD, AND BEING MORE PARTICULARLY DESCRIBED AS LOT
2B, GARTH ROAD HOLDINGS REPLAT; PROVIDING THAT THIS SPECIAL
USE PERMIT SHALL BE GRANTED SUBJECT TO CERTAIN CONDITIONS;
PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100
DOLLARS ($2,000.00); AUTHORIZING AND DIRECTING THE CITY MAN-
AGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE PUBLI-
CATION AND EFFECTIVE DATE THEREOF.
7. REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS
a. Conduct a public hearing concerning proposed amendments to the approved project
plan and reinvestment zone financing plan for Reinvestment Zone Number One, City of
Baytown, Texas (the "zone") resulting in the increase of geographic area and project costs
of the zone pursuant to Chapter 311, Texas Tax Code.
At 7:01 P.M., Mayor Capetillo opened the public hearing concerning proposed amendments to the
approved project plan and financing plan for Reinvestment Zone Number One of the City of Bay-
town, resulting in the increase of geographic area and project costs pursuant to Chapter 311, the
Texas Tax Code.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
He recalled that in the month prior, MuniCap Manager Abdi Yassin gave Council a presentation
at their Work Session. The presentation was in regards to the plans for the City's existing Tax
Increment Reinvestment Zone (TIRZ) and the plans for a new one. Mr. Scribner relayed the item
was to follow up on that action but only for the expansion of the TIRZ, which was already in place.
The timing could possibly be an issue, so Staff wished to get this done by the end of the year.
Mayor Pro Tern Lester inquired if the matter had gone before the TIRZ Board as a member of the
board had called him and told him it had not. Mr. Yassin confirmed it had as they took the docu-
ment first to the Board. They considered it and then recommended approval to Council. By law,
they had to go through the Board before they came to Council. Mayor Pro Tern Lester and Staff
further deliberated the matter, and Staff held to the statement that it had gone before the Board.
At 7:04 P.M., Mayor Capetillo closed the public hearing concerning proposed amendments to the
approved project plan and financing plan for Reinvestment Zone Number One.
City Council Regular Meeting Minutes
October 12, 2023
Page 8of19
b. Consider an ordinance annexing approximately 125.2821 acres of land into
Reinvestment Zone Number One, City of Baytown, Texas (the "Zone"); and adopting the
Restated and Eighth Amended Project Plan and Reinvestment Zone Financing Plan.
A motion was made by Council Member Kenrick Griffith and seconded by Council Member
Heather Betancourth to approve Ordinance No. 15,577, 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 Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,577
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CHANGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER
ONE, CITY OF BAYTOWN, TEXAS; APPROVING THE RESTATED AND
EIGHTH AMENDMENT TO THE PROJECT PLAN AND REINVESTMENT ZONE
FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF
BAYTOWN, TEXAS; AUTHORIZING THE CITY CLERK TO DISTRIBUTE
SUCH PLANS; CONTAINING FINDINGS AND PROVISIONS RELATED TO
THE FOREGOING SUBJECTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
8. PROPOSED ORDINANCES
a. Discuss and consider an ordinance adopting the proposed changes to Chapter 14
"Animals," of the City of Baytown Code of Ordinances.
The discussions of the proposed changes to Chapter 14, "Animals," of the code ensued as follows:
Staff Comments
Health Director Tony Gray explained the proposed animal ordinance was drafted based on their
previous discussions from this past July and August. The revisions were related to their operational
needs and a Community Cat Program which was recommended by the Animal Control Advisory
Committee (ACAC). To share his success story on Community Cats and trap, neuter, and return
(TNR), Mr. Gray introduced Montgomery County Animal Shelter Director Aaron Johnson.
Mr. Johnson shared over his background in animal welfare and the success of their TNR program.
Since 2016, it dramatically helped the Montgomery County Animal Shelter as their intake had
decreased for cats, specifically. Their live release for cats, in turn, went up from that. While he
would not say from time to time there were no issues, Mr. Johnson noted those were far and few
City Council Regular Meeting Minutes
October 12, 2023
Page 9of19
in-between. For the success of the program, he believed it was worthwhile and something he sup-
ported. He added many jurisdictions widely accepted and supported this across the country.
Mr. Gray then resumed to comment over the ordinance. After their last meeting in September,
Council was provided copies of the draft and reference sheet outlining the revisions to the defini-
tions in the various sections. Staff believed the proposed revisions were the best path going forward
at that time to address their operational needs and to begin the process of reducing their stray cat
population. Assistant City Manager Carol Flynt further spoke on behalf of the work that Staff and
the ACAC had done. She stressed that, in their ordinance, they currently had nothing to address
the growth of their stray cat population. Thus, she believed this was the best first step.
Council Comments
Mayor Capetillo expressed his appreciation to the ACAC and noted how this item had been post-
poned, suspended, and tabled. As such, he announced he would be calling for a vote. Council
Member Alvarado similarly acknowledged Staff and everyone who worked on this item. However,
her stance had not changed. An ordinance was only as good as its enforcement. She felt that with-
out naming "community cat caregivers" as owners, they could not have that enforcement. Also, as
this was a program, she did not feel it belonged in an ordinance. Nonetheless, she agreed something
needed to be done. Mayor Capetillo agreed on that note, but ultimately supported the program.
Mayor Pro Tern Lester expressed that microchipping needed to be included. In that way, even if
they would not hold the "caretaker" responsible as an owner, they would know who to contact.
The code also had an exception for cats running at large and he believed they needed to take that
out. Pets should be constrained or confined to the owner's property. He further stated he was not
for mandatory spaying and neutering. If people let their animals run loose, the City should not be
able to do that. He was also uncomfortable calling this a "community cat" issue. He lived in this
community and those were not his cats. It was a TNR feral cat issue, so he wished to call it that.
Moreover, Mayor Pro Tern Lester agreed that they should not be enshrining programs in to the
code. He proceeded to list out various parts of the ordinance that he agreed and disagreed with. All
referenced sections that he wished to change were in regards to microchipping, the "nuisance"
definition, the mandatory spaying and neutering, and removing the exceptions for cats. As there
could potentially be criminal charges, he also expressed his concern with the City adopting out
"bite" animals. Overall, without making some changes, he stated he would be opposed to this.
Citizen Comments
Mayor Capetillo announced a citizen, Ms. Randee King, had signed up to speak on the item.
Ms. King lived in the Lakewood subdivision and she noted there were feral cats there. She ran a
TNR program in La Porte and commented on how successful it was. She further noted Arlington
had a forty-eight percent (48%) decrease in intakes to their shelter when they implemented this
program. Thus, she stated Council needed to stop wordsmithing and that they needed to get this
going. She listed other entities in Texas that had successful programs and endorsed it to Council.
Mayor Capetillo announced a citizen, Mr. Roger Kohles, had signed up to speak on the item.
City Council Regular Meeting Minutes
October 12, 2023
Page 10 of 19
Mr. Kohles shared his problem with cats in his vegetable gardens. He shared how he could not
protect his property because of the legal exceptions for cats. Thus, he relayed the ongoing cat
problem needed to be put to a stop. While he liked cats, he needed to protect his vegetable garden.
With that being the last citizen, Council deliberated on how they would proceed. The following
motion was made to approve the ordinance as received; thus, no further commentary was provided.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Sarah Graham to approve Ordinance No. 15,578, related to Item 8.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council
Member Kenrick Griffith, and Council Member Heather Betancourth
Nays: Council Member Laura Alvarado, Council Member Jacob Powell, and
Mayor Pro Tem Mike Lester
Approved
ORDINANCE NO. 15,578
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 14 "ANIMALS," OF THE CODE OF ORDI-
NANCES, CITY OF BAYTOWN, TEXAS, TO ADDRESS CURRENT OPERA-
TIONAL NEEDS AND ESTABLISH A COMMUNITY CAT PROGRAM WITHIN
THE CITY OF BAYTOWN AS FOLLOWS: AMENDING CHAPTER 14"ANI-
MALS,"ARTICLE I "IN GENERAL," SECTION 14-1 "DEFINITIONS" TO AMEND
THE DEFINITIONS OF "ABANDONED ANIMAL" AND "OWNER;" TO ADD
THE DEFINITIONS OF "AGGRESSIVE DOG," "ANIMAL NUISANCE," "COM-
MUNITY CAT," COMMUNITY CAT CAREGIVER," COMMUNITY CAT COL-
ONY," "EAR -TIPPING," AND "TRAP -NEUTER -RETURN;" AND TO REPEAL
THE DEFINITIONS OF "NUISANCE DOG" AND "PUBLIC NUISANCE;"
AMENDING CHAPTER 14 "ANIMALS," ARTICLE I "IN GENERAL," SECTION
14-6 "PREVENTING CAPTURE," SUBSECTION (3); DELETING SECTION 14-
7"UNREASONABLE NOISE;" AMENDING SECTION 14-8 "CERTAIN ANI-
MALS RESTRICTED;" RENAMING SECTION 14-10 FROM "PUBLIC NUI-
SANCES" TO "UNSANITARY CONDITIONS;" AMENDING SECTION 14-12
"UNLAWFUL RESTRAINT OF ANIMAL," AND RENAMING SAID SECTION TO
"UNLAWFUL RESTRAINT OF DOG;" AMENDING CHAPTER 14 "ANIMALS,"
ARTICLE II "IMPOUNDMENT," SECTION 14-36 "IMPOUNDMENT OF ANI-
MALS;" DELETING SECTION 14-37 "IMPOUNDMENT OF ANIMALS BY INDI-
VIDUALS;" AMENDING SECTION 14-38 "REDEMPTION OR ADOPTION OF
IMPOUNDED ANIMAL," SUBSECTIONS (A) AND (C)(2); AMENDING CHAP-
TER 14 "ANIMALS," ARTICLE III "RABIES CONTROL," SECTION 14-67
"QUARANTINE PROCEDURE" TO ADD SUBSECTION (G); AMENDING CHAP-
TER 14 "ANIMALS," ARTICLE V "DOGS," DIVISION 1 "DANGEROUS DOGS,"
SECTION 14-153 "HEARING," SUBSECTION (G)(1), AND SECTION 14-155
"ANNUAL REGISTRATION," SUBSECTION (A)(2); AMENDING CHAPTER 14,
"ANIMALS," ARTICLE V "DOGS," DIVISION 2 "NUISANCE DOGS," RENAM-
ING SAID DIVISION TO "AGGRESSIVE DOGS;" AMENDING SECTION 14-161
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City Council Regular Meeting Minutes
October 12, 2023
Page 12 of 19
MENT, AND DATA VISUALIZATION SOFTWARE AND RELATED SERVICES;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED FIFTEEN THOUSAND SIX HUNDRED
TWENTY-EIGHT AND 77/100 DOLLARS ($115,628.77); MAKING OTHER PRO-
VISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
9. PROPOSED RESOLUTIONS
a. Consider a resolution transferring unencumbered appropriations in the Fiscal Year
2021-22 Adopted Budget to cover budget overruns in the General Fund, Capital Project
Funds, and Special Revenue Funds.
Finance Director Teresa McKenzie summarized the subject matter of this item by discussing over
the following image that was displayed before Council:
SP
FY22 PROPOSED FY22 TOTAL
FUNDING SOURCE ADOPTED BUDGET BUDGET % CHANGE
BUDGET ADJUSTMENT ADJUSTMENT
GOVERNMENTAL FUNDS
ENTERPRISE FUNDS
CAPITAL IMPROVEMENT FUNDS
COMPONENT UNIT FUNDS
SPECIAL REVENUE FUNDS
TOTAL FUNDING SOURCE
166,804,645
(3,019,754)
163,784,891
-1.81%
78,478,835
2,599,054
81,077,889
3.31%
53,882,812
0
53,882,812
0.00%
37,460,299
0
37,460,299
0.009/
48,546,506
420,700
48,967,207
0.87%
$385,173,097 $ 0 $ 385,173,098 0.00%
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Heather Betancourth to approve Resolution No. 2,862, related to Item 9.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 Betancourtb, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
City Council Regular Meeting Minutes
October 12, 2023
Page 13 of 19
RESOLUTION NO. 2,862
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING VARIOUS TRANSFERS OF UNENCUMBERED AP-
PROPRIATION BALANCES OR PORTIONS THEREOF FROM ONE OFFICE, DE-
PARTMENT OR AGENCY TO ANOTHER; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
10. REPORTS
a. Receive the City of Baytown's Comprehensive Annual Financial Report and Single
Audit Report for the fiscal year ending September 30, 2022.
Finance Director Teresa McKenzie opened the item and introduced Auditor Robert Belt with Belt
Harris. Mr. Belt disclosed there was a tremendous amount of data within the financial reports
provided to Council. Thus, he provided and discussed over the following generalized numbers:
Revenues
$127,000,000
Expenditures
$111,000,000
Changes (With other Financing Sources)
-$22, 000, 000
Beginning of Year Fund Balance
$48,375,000
End of Year Fund Balance
$41,921,000
Net Chan e
-$6, 453, 000
Reserves
131 Days
Federal Grants Received
$6,325,000
For transparency purposes, City Manager Jason Reynolds gave the following statements. He noted
there was a material weakness with the audit, one being due to undetected misstatements. The City
of Baytown also had a timing issue, so this took much longer than needed. Mr. Reynolds informed
Council this would lead to probably another finding in their 2023 audit. Also, due to the time this
had taken, there was an unresolved issue with the grant portion that was identified in 2021.
11. CONSENT
A motion was made by Council Member Kenrick Griffith and seconded by Council Member Jacob
Powell to approve Consent Agenda Items 1 La. through 1 l.g., with the exception of Item 1 l.c.
which was pulled for discussion purposes. 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
City Council Regular Meeting Minutes
October 12, 2023
Page 14 of 19
Approved
a. Consider a resolution renewing the Baytown Revitalization Incentive Zone, a
neighborhood empowerment zone within a portion of the City of Baytown.
RESOLUTION NO. 2,863
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE BAYTOWN REVITALIZATION INCENTIVE ZONE,
A NEIGHBORHOOD EMPOWERMENT ZONE WITHIN A PORTION OF THE
CITY OF BAYTOWN; MAKING APPROPRIATE FINDINGS RELATED
THERETO; EXERCISING MUNICIPAL POWERS TO ESTABLISH INCENTIVES
WITHIN THE ZONE; ESTABLISHING THE EFFECTIVE AND EXPIRATION
DATES OF THE ZONE AND A MECHANISM FOR RENEWAL OF THE ZONE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance adopting the Incentive Policy for the Baytown Revitalization
Incentive Zone to exercise certain municipal powers in a neighborhood empowerment zone.
ORDINANCE NO. 15,580
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE INCENTIVE POLICY FOR THE BAYTOWN REVI-
TALIZATION INCENTIVE ZONE TO EXERCISE CERTAIN MUNICIPAL POW-
ERS IN SUCH NEIGHBORHOOD EMPOWERMENT ZONE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. 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.
Council Member Betancourth noted they did not typically put a Special Use Permit (SUP) for a
warehouse development in the Consent Agenda. She inquired for the reason it was done this time.
Planning and Development Director Martin Scribner replied it was a housekeeping item to modify
the ordinance that was presented to Council at their last meeting. At that meeting, conditions were
placed on that property by Council. Therefore, the item was to revise the ordinance to reflect those
conditions. The public hearing was already held and the decision had already been made.
Council Member Betancourth repeated for clarification that this was not a vote for a SUP, it was
a vote for a revision of a SUP that Council already approved. Mr. Scribner confirmed it was to
clarify the changes Council made to the ordinance and to memorialize it in writing. Council Mem-
ber Betancourth additionally asked if the Planning and Zoning Commission saw the revisions or
if it only came to Council. Mr. Scribner replied that it only comes to Council.
Council Member Betancourth further inquired over what those revisions were. Mayor Capetillo
generalized that he wanted to see enhanced building material, particularly with the fagade with
increased masonry and glass. The developer agreed, so the SUP was considered and approved.
City Council Regular Meeting Minutes
October 12, 2023
Page 15 of 19
City Attorney Scott Lemond further clarified the reason this item came back was because the City
had to re -notice it because there was a ten-day notice period required for any ordinance that may
have a penalty associated with it. If the Legal Department, or him in particular, had been able to
get the revision done a day or two after the Council Meeting, it would not have come back.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Jacob Powell to approve Ordinance No. 15,585, related to Item 1 l.c. 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
ORDINANCE NO. 15,585
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT FOR A WAREHOUSE DEVEL-
OPMENT; PERMITTING THE FOLLOWING PROPERTY, WHICH IS PRES-
ENTLY ZONED AS A GENERAL COMMERCIAL ("GC") ZONING DISTRICT:
BEING A TRACT OF LAND CONTAINING 46.394 ACRE OF LAND, FRONTING
APPROXIMATELY 734.00 FEET ON THE SOUTH RIGHT-OF-WAY LINE OF IN-
TERSTATE HIGHWAY 10, WEST OF SJOLANDER ROAD, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A;
PROVIDING THAT THIS SPECIAL USE PERMIT SHALL BE GRANTED SUB-
JECT TO CERTAIN CONDITIONS; PROVIDING A MAXIMUM PENALTY OF
TWO THOUSAND 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 FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the award of the Replacement and Installation of
Water Meters and Sub -Meter GPS Units Contract to Vanguard Utility Service, Inc. d/b/a
VUS, Inc.
ORDINANCE NO. 15,581
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF VANGUARD UTILITY SERVICE, INC.
D/B/A VUS, INC., FOR THE REPLACEMENT AND INSTALLATION OF WATER
METERS AND SUB -METER GPS UNITS CONTRACT, AND AUTHORIZING
PAYMENT IN AN AMOUNT NOT TO EXCEED NINE HUNDRED THIRTY-TWO
THOUSAND SEVEN HUNDRED NINETY-THREE AND 75/100 DOLLARS
($932,793.75); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
October 12, 2023
Page 16 of 19
e. Authorize the purchase of Neptune R900I 5/8" meters for Meter Replacement
Program.
ORDINANCE NO. 15,582
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE MILLION ONE
HUNDRED EIGHTY-ONE THOUSAND TWO HUNDRED FIFTY AND NO/ 100
DOLLARS ($1,181,250.00) TO CORE & MAIN LP FOR THE SOLE -SOURCE
PURCHASE OF FIVE THOUSAND (5,000) NEPTUNE T-10 5/8" X 3/4" R900I ME-
TERS FOR THE METER REPLACEMENT PROGRAM; MAKING OTHER PRO-
VISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
f. Consider an ordinance authorizing an Interlocal Agreement with Harris County to
use the Baytown Community Center as a polling location for the November 7, 2023, election,
including early and Election Day voting.
ORDINANCE NO. 15,583
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS
COUNTY TO USE THE BAYTOWN COMMUNITY CENTER AS A POLLING LO-
CATION FOR THE NOVEMBER 7, 2023, ELECTION, INCLUDING EARLY AND
ELECTION DAY VOTING; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing an Interlocal Agreement with Harris County to
use the Sterling Municipal Library as a polling location for the November 7, 2023, election.
ORDINANCE NO. 15,584
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS
COUNTY TO USE THE STERLING MUNICIPAL LIBRARY AS A POLLING LO-
CATION FOR THE NOVEMBER 75 2023, ELECTION; MAKING OTHER PROVI-
SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
12. APPOINTMENTS
a. Consider a resolution nominating a representative to serve on the Board of Directors
of the Harris County Appraisal District.
Mayor Capetillo entertained a motion to nominate Mr. Jim Robinson to continue in his capacity.
City Council Regular Meeting Minutes
October 12, 2023
Page 17 of 19
A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tem Mike
Lester to approve Resolution No. 2,864, related to Item 12.a., nominating Mr. Jim Robinson to the
Board of Directors of the Harris County Appraisal District. 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. 2,864
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF
DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution nominating a representative to serve on the Board of Directors
of the Chambers County Appraisal District.
Council Member Powell spoke over Mr. Richard Lewis as the nominee. He was a Baytown
resident who lived in Chambers County. Mr. Lewis did home inspections and was familiar with
real estate. Therefore, Council Member Powell believed he was a good person to put forth.
A motion was made by Council Member Jacob Powell and seconded by Council Member Laura
Alvarado to approve Resolution No. 2,865, related to Item 12.b., nominating Mr. Richard Lewis
to the Board of Directors of the Chambers County Appraisal District. 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. 2,865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NOMINATING ONE OR MORE CANDIDATES FOR POSITIONS ON
THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DIS-
TRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider a resolution designating a representative and an alternate for the General
Assembly of the Houston -Galveston Area Council for the year 2024.
City Council Regular Meeting Minutes
October 12, 2023
Page 18 of 19
Mayor Capetillo stated that he wished to keep Council Member Alvarado to serve in the primary
capacity and himself as the alternate.
A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tem Mike
Lester to approve Resolution No. 2,866, related to Item 12.c., designating Council Member Laura
Alvarado as the representative and Mayor Brandon Capetillo as the alternate for the General
Assembly of the Houston -Galveston Area Council for the year 2024. 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. 2,866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND
ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON-GALVES-
TON AREA COUNCIL FOR THE YEAR 2024; AND PROVIDING FOR THE EF-
FECTIVE DATE THEREOF.
13. MANAGER'S REPORT
City Manager Jason Reynolds first reported over the past and future City events. He gave a shout -
out to Parks and Recreation and all those involved with hosting the Grito Fest. The Nurture Nature
Fest would be held at the Nature Center on Saturday, October 14, 2023, from 10:00 A.M. to 4:00
P.M. On that same day, Oktoberfest would be at Town Square from 5:00 P.M. to 10:00 P.M.
Furthermore, Mr. Reynolds thanked Public Affairs Director Thomas Reeves and his team on the
City's new website. He also thanked Planning and Development Director Martin Scribner and his
team for hosting the Arts District Blueprint Meeting last night which was a success.
Next, Mr. Reynolds highlighted the City's law enforcement. He reported that on Monday, Sergeant
Clayton Breeding responded to a target where an offender cadacked a vehicle after a failed first
attempt on another vehicle occupied by a mother and child. The stolen vehicle was located via the
City's Flock license plate recognition (LPR). Sgt. Breeding engaged in a vehicle pursuit that re-
sulted in the suspect's arrest. On a separate note, a citizen wrote a letter to the City over two (2)
unnamed officers that assisted the citizen with their towed truck. They described the officers as
courteous and understanding. With that, Mr. Reynolds complimented the Police Department.
As they have received a lot of pushback, Mayor Pro Tem Lester commented over the success of
the LPR cameras and gave kudos to the officers involved.
City Council Regular Meeting Minutes
October 12, 2023
Page 19 of 19
14. COUNCIL MEMBER DISTRICT REPORT
a. Receive a report from Council Member Sarah Graham regarding projects, programs
and events in District No. 2.
Council Member Graham reported that Holiday Hangout at Town Square would start on Novem-
ber 24, 2023, until January 7, 2024. The City would have "Glice" instead of ice for skating along
with a miniature golf course and Teqball yard games. The City would also have the Market at
Town Square on October 21, 2023. The Community Yard Sale would be Saturday, October 14,
2023, from 8:00 A.M. to 2:00 P.M. In addition, Council Member Graham listed a few fitness
programs that would be at Town Square along with a Dr. Seuss Reading event at the Library.
Council Member Graham then commented over the dedication of the new Pelly Historical Marker,
which was actually in District No. One (1). She wished to mention this as District No. Two (2)
was also a part of the City of Pelly. On a separate note, EPIC! Spooktacular would be at the Eddie
V. Gray Wetlands Center on October 21, 2023. She then went on to give a few reminders to indi-
viduals and neighborhoods to sign-up for different City programs and social medias.
To conclude, Council Member Graham made note of the different Public Works projects in District
No. Two (2). She mentioned the drainage project at Bicentennial and the fact that the new Utility
Building was finished. The Texas Avenue Lift Station was early in the process, but underway. The
Robert E. Lee School drainage was underway and approximately ten percent (10%) completed.
15. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the October 12,
2023, City Council Regular Meeting at 7:47 P.M.
Angela ckson,
City of Baytown
o`�