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2023 12 14 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 14, 2023 The City Council of the City of Baytown,Texas,met in a Regular Meeting on Thursday, December 14, 2023, at 6:46 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 Pro Tem Lester convened the December 14, 2023, City Council Regular Meeting with a quorum present at 6:46 P.M. All members were present with the exception of Mayor Capetillo. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Powell. 1. Citizen Comments Mayor Pro Tem Lester announced no citizens signed up to speak. Mayor Capetillo arrived to the meeting at 6:48 p.m. 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director Joey Lopez presented the item and provided a video presentation of all the individuals that received the Years of Service award for the month of December. 5 YEAR Candace Thomas, Health, Animal Control Manager Joseph Ferguson, Health, Animal Control Specialist 11 Luan Nguyen, Police, Patrol Officer Shane Tanksley, Police, Patrol Officer Nicholas Lewin, Police, Patrol Officer City Council Regular Meeting Minutes December 14,2023 Page 2 of 25 Juanita Tamuno, Police, Patrol Officer Eric Todd, Police, Detective Jenna Jacobs, Parks & Recreation, Aquatics Superintendent 15 YEAR Jesus Murillo, Public Works & Engineering, Field Supervisor Jose Gonzalez, Police, Sergeant Catherin Cameron, Library, Customer Service Technician Deaisy Corrales, Police, Property Room Specialist Cynthia Baptiste, Planning and Development, Code Enforcement Manager 20 YEAR Clifford Potter, Police, Patrol Officer Elkin Rivas, Fire, Paramedic 25 YEAR Shawn Russi, Fire, Lieutenant 30 YEAR David Cox, Fire, Lieutenant Keith Lowell, Fire, Fire Fighter b. Presentation of the 2023 Texas APA and Houston APA Planning and Development Services Department Kris Carpenter presented the Planning and Development Services Department with the Planning Excellence Award and the Public Engagement Gold Award for there online Development Permit Hub. 3. REINVESTMENT ZONE NUMBER TWO a. Conduct a Public Hearing concerning the advisability of the creation of the City of Baytown Reinvestment zone Number Two for tax increment financing purposes pursuant to Chapter 311, Texas Tax Code. At 6:55 P.M., Mayor Capetillo opened the public hearing regarding the advisability of the creation of the City of Baytown Reinvestment zone Number Two for tax increment financing purposes pursuant to Chapter 311, Texas Tax Code. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. Mayor Capetillo asked Council to double check the boundaries to ensure everything is encompassed regarding development and anything that should be included in the TIRZ. At 6:58 P.M., Mayor Capetillo closed the public hearing on the creation of the City of Baytown Reinvestment Zone Number Two, no citizens signed up to speak. City Council Regular Meeting Minutes December 14,2023 Page 3 of 25 b. Consider an ordinance designating a non-contiguous geographic area within the City of Baytown as Reinvestment Zone Number Two, City of Baytown, Texas (the "Zone"); creating a Board of Directors for the Zone; and adopting the preliminary Project Plan and Reinvestment Zone Financing Plan. City Manager Jason Reynolds suggested that the Council serve as the Board of Directors for the first year while Staff works together to get the project planning set up. After that is set,the Council will then be able to establish the new board of directors that will oversee it, much like in TIRZ 1. A motion was made by Mayor Pro Tem Mike Lester and seconded by Council Member Sarah Graham to approve Ordinance No. 15,635, related to Item 3.b. with Council serving as the Board of Directors the first year. 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 Approved ORDINANCE NO. 15,635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, DESIGNATING A NON-CONTIGUOUS GEO- GRAPHIC AREA WITHIN THE CITY OF BAYTOWN AS REINVESTMENT ZONE NUMBER TWO, CITY OF BAYTOWN, FOR TAX INCREMENT FINANCING PURPOSES PURUSANT TO CHAP- TER 311 OF THE TEXAS TAX CODE; CREATING A BOARD OF DI- RECTORS FOR SUCH A ZONE; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE REINVESTMENT ZONE; CON- TAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. 4. ATRIUM BAY TERRACE, LP, OF BAY TERRACE APARTMENTS a. Conduct a public hearing concerning the rehabilitation by Atrium Bay Terrace, LP, of Bay Terrace Apartments, an approximately 130-unit affordable rental housing complex, located at 1502 Nolan Road, Baytown, Harris County, Texas. At 7:00 P.M., Mayor Capetillo opened the public hearing regarding the rehabilitation by Atrium Bay Terrace, LP, of Bay Terrace Apartments, an approximately 130-unit affordable rental hous- ing complex, located at 1502 Nolan Road, Baytown, Harris County, Texas. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. At 7:02 P.M., Mayor Capetillo closed public hearing for the rehabilitation by Atrium Bay Terrace, LP, of Bay Terrace Apartments to which no citizens signed up to speak. City Council Regular Meeting Minutes December 14,2023 Page 4 of 25 b. Consider a resolution registering no objection to Atrium Bay Terrace, LP to apply for the 4% Low Income Housing Tax Credit (LIHTC) through the Texas Department of Housing and Community Affairs (TDIICA) to rehabilitate Bay Terrace Apartments. A motion was made by Council Member Sarah Graham and seconded by Council Member Mike Lester to approve Resolution No. 2872, related to Item 4.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 Approved RESOLUTION NO. 2872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS, REGISTERING ITS SUPPORT OF ATRIUM BAY TER- RACE HOUSING, LP'S PROPOSED ACQUISITION AND REHABILITATION OF THE BAY TERRACE APARTMENTS AND POSSIBLE ALLOCATION OF 40o LOW INCOME HOUSING TAX CREDIT FOR THE PROJECT;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. 7128 EAST INTERSTATE IIIGHWAY 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 East Interstate Highway 10. At 7:04 P.M., Mayor Capetillo opened the public hearing regarding the rehabilitation by Atrium Bay Terrace, LP, of Bay Terrace Apartments, an approximately 130-unit affordable rental hous- ing complex, located at 1502 Nolan Road, Baytown, Harris County, Texas. Ryan Hvitlok, Assistant Director of Planning and Development Services summarized the subject matter of the hearing. "Council approved this Special Use Permit at the October 12th meeting. The applicant has come back before the Planning and Zoning Commission as well as now the City Council to amend their approved Special Use Permit. They originally were proposing a 9-building warehouse development of approximately 293,400 square feet. The applicant has proposed to en- large that project to 438,960 square feet. That is still under the 50% maximum allowed expansion under the new ordinance that you all passed that limits warehouse development in the General Commercial District." Ryan Sweeney displayed a rendering of the proposed development and clarified the reason for the change in size of the project and addressed Council's questions and concerns. Council Member Powell expressed his opposition of the project and stated, "My concern with it is, as was mentioned, warehouses. Although less intensive than what you're proposing here is not City Council Regular Meeting Minutes December 14,2023 Page 5 of 25 liked by the surrounding area. We heard from some residents back in October when we approved this, and now it's a 490 o increase right under that 500 o max and so that concerns me". At 7:23 P.M., Mayor Capetillo closed public hearing for the rehabilitation by Atrium Bay Terrace, LP, of Bay Terrace Apartments to which no citizens signed up to speak. b. Consider an ordinance amending a Special Use Permit(SUP) for warehouse develop- ment at 7128 E III 10, legally described as Tracts 1, IR, 1R-1, 1L, and 1N1, Abstract 954 A Smith, Baytown, Harris County, Texas, to allow for the expansion of a vested warehouse development within the General Commercial (GC) zoning district for approximately 46.4 acres of land located at 7128 East Interstate Highway 10. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,636, 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, and Mayor Pro Tern Mike Lester Nays: Council Member Jacob Powell Approved ORDINANCE NO. 15,636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AMENDING A SPECIAL USE PERMIT FOR A WARE- HOUSE DEVELOPMENT AT 7128 E IH 10, BEING A TRACT OF LAND CONTAINING 46.394 ACRE OF LAND, FRONTING APPROXIMATELY 734.00 FEET ON THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 10, WEST OF SJOLANDER ROAD, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A, TO ALLOW FOR THE EXPANSION OF A VESTED WAREHOUSE DEVELOPMENT WITHIN THE GENERAL COMMERCIAL (GC) ZON- ING DISTRICT; 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 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. 6. PROPOSED ORDINANCES a. Consider an ordinance authorizing the First Amendment to The Crossings at Bay- town Development Agreement. City Council Regular Meeting Minutes December 14,2023 Page 6 of 25 Planning and Development Services Director Martin Scribner advised Council this is an amend- ment to the Development Agreement for Crossings at Baytown. The only amendment is to extend their deadline since they have their financing secured. They need a little bit more time, and this would extend the deadline to coincide with the extension of the zoning PUD, which was approved the end of March. Otherwise, all the other terms of that agreement would stay the same. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Ordinance No. 15,637, related to Item 6.a. 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 Approved ORDINANCE NO. 15,637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AMENDING THE DEVELOPMENT AGREEMENT FOR THE CROSSINGS AT BAYTOWN TO EXTEND THE PHASE 1 AND PHASE 2 PUBLIC IMPROVEMENT FINANCING DATES TO CO- INCIDE WITH THE EXPIRATION OF THE PLANNED UNIT DEVEL- OPMENT, ADDRESS MINOR ERRORS IN THE AGREEMENT, AND UPDATE REFERENCES TO THE AGREEMENT'S EXHIBITS; MAK- ING FINDINGS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the City Manager to negotiate and execute a Con- tingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law to perform legal services in connection with potential litigation regarding the presence of Polyfluoroal- kyl substances(PFAS),including, but not limited to, PFOA and/or PFOS,in drinking water, wastewater, and soil in the City's property. City Attorney Scott Lemond advised Council that state law requires that before the City can enter into a Contingency Fee Agreement that agreement must go to the Attorney General for approval. "So, we're asking for your approval to send this request to the Attorney General. The background is that there has been multi-district litigation in federal court over the existence of PFAS in water systems and cities". A motion was made by Council Member Kenrick Griffith and seconded by Council Member Sarah Graham to approve Ordinance No. 15,638, 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 City Council Regular Meeting Minutes December 14,2023 Page 7 of 25 Nays: None Approved ORDINANCE NO. 15,638 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS AUTHORIZING THE CITY MANAGER TO NEGOTI- ATE AND EXECUTE A CONTINGENCY FEE AND RETAINER AGREEMENT WITH FRAZER LAW, PLC, AND VENTURA LAW TO PERFORM LEGAL SERVICES IN CONNECTION WITH POTENTIAL LITIGATION REGARDING THE PRESENCE OF POLYFLUOROAL- KYL SUBSTANCES (PFAS), INCLUDING, BUT NOT LIMITED TO, PFOA AND/OR PFOS, IN DRINKING WATER, WASTEWATER AND SOIL IN BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF C. Consider an ordinance authorizing a Chapter 212 Agreement with Tinci, Inc. Mayor Capetillo pushed Item 6.c. to the next Council meeting. No action was taken. d. Consider an ordinance rescinding the Property Dedication Agreement with Chevron Phillips Chemical Company regarding an 81.589-acre tract of land adjacent to Russell Park. Economic Development Manager Brian Moran advised Council that Chevron Phillips Chemical Company donated roughly 82 acres of land located adjacent to Russell Park to be utilized for equestrian trails and green space. The special warranty deed included with this allowed Chevron to claim the 82 acres within a 50-year frame. If they adhered to certain conditions for which they provided a 12-month written notice for the reconveyance as well as paying the fair market value for any improvements, there are none at this time. Mr. Moran then solicited questions from Coun- cil. Mayor Capetillo stated this item will be taken out of order and discussed in Executive Session pursuant to Government Code 551.071 before any action is taken. A motion was made by Mayor Pro Tern Mike Lester and seconded by Council Member Jacob Powell to approve Ordinance No. 15,670, related to Item 6.d. 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 Approved City Council Regular Meeting Minutes December 14,2023 Page 8 of 25 ORDINANCE NO. 15,670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROPERTY DEDICATION AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOU- SAND AND NO 100 DOLLARS ($35,000.00); MAKING OTHER PROVI- SIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance amending the lease agreement of approximately 117.12 acres of land to Build Baytown I, LLC, for the development and operation of a public golf course, located generally on the northwest side of Evergreen Road, adjacent to Bay hill Drive. Planning and Development Services Director Martin Scribner advised Council the lease for the T36 property had an 8-acre piece towards the north end of the city-owned property. That property in the lease is named the "Option Track". The developer has the first option to lease that part of the property as well,but there were some dates on that and some deadlines. The first deadline came and went at the one-year mark of the anniversary of the signing of the first lease agreement. At that time, we felt that it was prudent to give them an extension to opt to exercise that option so that we could see if the golf course was going to be built, operate correctly, and be successful. Cur- rently, the golf course is in partial operation at this stage. They're not quite finished. So, staff is recommending that we extend that option date for another 90 days, to give it just a little bit more time.Then the developer can decide whether or not to exercise that lease option sometime between now and the end of March. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Mike Lester to approve Ordinance No. 15,639, related to Item 6.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 Tem Mike Lester Nays: None Mayor Pro Tern Lester questioned if 90 days would be enough time, to which City Manager Jason Reynolds stated, "he thinks that 120 days would be sufficient since the golf course is operational, if Council was comfortable. Mr. Scribner commented, "I think the only tricky part about the timing would be the fact that the property has the option needs a rezone in order to do anything of a commercial nature, which is what they've got in mind. There is a 60-day, or maybe 90-day period for them to do that part of it too. I'm unclear as to whether they want to get through that part before they exercise the option, but that is just part of the timing issue". Council Member Graham made a motion to amend Item 6.e. from 90 days to 120 days to begin the rezoning process and seconded by Mayor Pro Tern Lester. City Council Regular Meeting Minutes December 14,2023 Page 9 of 25 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 Approved ORDINANCE NO. 15,639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE SECOND AMENDMENT TO THE LEASE AGREEMENT WITH BUILD BAYTOWN I, LLC, FOR THE DE- VELOPMENT AND OPERATION OF A PUBLIC GOLF COURSE TO EXTEND THE LESSEE'S OPTION DEADLINE TO LEASE THE OP- TION TRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance authorizing Public Necessity for one (1) tract of land for the Fire Station 2 Replacement Project. Public Works and Engineering Director Frank Simoneaux advised Council this item is related to the replacement of Fire Station 2, which is located across City Hall on Market Street. The facility is scheduled to be relocated at the old Utility Building, which is next to the Community Center. However, for proper operation and to reduce response times, staff feels it will be beneficial to provide a connection to West Main Street. So, staff is asking for a declaration of public necessity, which would specify the process the city would use to go through the land acquisition of the tract which provides a connection to West Main Street since the city already owns the tract with Calypso Cove. Staff recommends approval of this item. A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob Powell to approve Ordinance No. 15,640, related to Item 6.f. 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 Approved ORDINANCE NO. 15,640 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE ONE (1) TRACT OF LAND FOR THE FIRE STATION 2 REPLACEMENT PROJECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH AC- QUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY City Council Regular Meeting Minutes December 14,2023 Page 10 of 25 RIGHTS NECESSARY FOR THE FIRE STATION 2 REPLACEMENT PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN,TEXAS,TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; 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 CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a Professional Services Agreement with Brown Reynolds Watford Architects, Inc., for the design of the Fire Station 2 Replacement Project. Public Works and Engineering Director Frank Simoneaux advised Council of the background and design details of the facility. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Mike Lester to approve Ordinance No. 15,641, related to Item 6.g. Mayor Capetillo commented, "I know that in previous discussions, when the 1947 fire engine was refurbished, the idea was tossed around that when this station was rebuilt or redesigned it could possibly include the ability for that engine to be displayed there". Fire Chief Kenneth Dobson responded, "We've had the conversations. I know a while back about displaying the truck there. I don't know if we're going to consider that in this plan. We really need the space for operational purposes. We have other places where we can display it for now as well." 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 Approved ORDINANCE NO. 15,641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BROWN REYNOLDS WATFORD ARCHITECTS, INCORPORATED, FOR DESIGN OF THE FIRE STATION 2 REPLACE- MENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAY- TOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED SIXTY-NINE THOUSAND ONE HUNDRED FIFTY AND City Council Regular Meeting Minutes December 14,2023 Page 11 of 25 NOi 100 DOLLARS ($1,169,150.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance awarding a construction contract to LEM Construction Com- pany, Inc., for the Community Development Block Grant Disaster Recovery-funded East District Wastewater Treatment Plant (EDNN'WTP) Phase 1 Rehabilitation Project. A motion was made by Mayor Pro Tern Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,642, related to Item 6.h. 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 Approved ORDINANCE 15,642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A CONSTRUCTION CONTRACT WITH LEM CONSTRUCTION COMPANY, INC., FOR THE COMMU- NITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR) EAST DISTRICT WASTEWATER TREATMENT PLANT PHASE 1 REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TEN MILLION ONE HUNDRED FORTY THOUSAND THREE HUN- DRED SIXTY AND NO 100 DOLLARS ($10,140,360.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the award of the Sludge Disposal Services Con- tract to Anderson Pollution Control d/b/a Horizon Environmental. A motion was made by Council Member Laura Alvarado and seconded by Council Member Ken- rick Griffith to approve Ordinance No. 15,643, related to Item 6.i. 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 Approved City Council Regular Meeting Minutes December 14,2023 Page 12 of 25 ORDINANCE NO. 15,643 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, ACCEPTING THE BID OF ANDERSON POLLUTION CONTROL D`B A HORIZON ENVIRONMENTAL, FOR THE SLUDGE DISPOSAL AND COLLECTION SERVICES CONTRACT, AND AU- THORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY-SEVEN THOUSAND SIX HUNDRED TWENTY AND NO 100 DOLLARS ($477,620.00); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. 7. CONSENT A motion was made by Mayor Pro Tern Mike Lester and seconded by Council Member Laura Alvarado to approve Consent Agenda Items Ta. through 7.z with the exception of Items 7.m., 7.n. & To. that were pulled from the agenda for further discussion. 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 Approved a. Consider an ordinance authorizing the purchase of library publications, materials and ancillary services from Baker & Taylor, LLC. ORDINANCE NO. 15,644 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED THIRTY THOUSAND AND NO: 100 DOLLARS ($130,000.00) TO BAKER TAYLOR, LLC, THROUGH THE STATE COMPTROLLER OF PUBLIC ACCOUNTS' TXSMARTBUY PRO- GRAM FOR THE PURCHASE OF LIBRARY PUBLICATIONS, MATE- RIALS, AND ANCILLARY SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. b. Consider an ordinance authorizing the annual renewal of Procore Construction Man- agement Software with Carahsoft Technology Corp through the Texas Department of Infor- mation Resources. ORDINANCE NO. 15,645 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- City Council Regular Meeting Minutes December 14,2023 Page 13 of 25 TOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THOUSAND FIVE HUNDRED THREE AND 26100 DOLLARS ($100,503.26) TO CARAHSOFT TECHNOLOGY CORPORATION FOR THE PURCHASE OF SOFTWARE AND SERVICES NECESSARY FOR CONSTRUCTION MANAGEMENT AND PROJECT TRACKING BY THE PUBLIC WORKS AND ENGINEERING DEPARTMENT, THROUGH THE TEXAS DEPARTMENT OF INFORMATION RE- SOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the annual renewal of Tyler Energov software. ORDINANCE NO. 15,646 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT NOT TO EXCEED ONE HUNDRED TWENTY-EIGHT THOUSAND FIVE HUNDRED TEN NO 100 DOLLARS ($128,510.00) TO TYLER TECHNOLOGIES, INC., ENERGOV SOFTWARE MAINTENANCE, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE SOURCEWELL COOPERATIVE PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing payment to Optumllealth (Unimerica Insurance Company) or services as the carrier/administrator for the City of Baytown's 2024 benefit stop loss coverage. ORDINANCE NO. 15,647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED ONE MILLION NINE HUNDRED THOUSAND AND NO 100 DOLLARS ($1,900,000.00) TO OPTUMHEALTH (UNIMER- ICA INSURANCE COMPANY) FOR SERVICES AS THE CAR- RIER ADMINISTRATOR FOR THE CITY OF BAYTOWN'S 2024 BENEFIT STOP LOSS COVERAGE; AUTHORIZING; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance awarding the Annual Demolition of Residential Structures Contract to PfP Abatement Group, LLC. ORDINANCE NO. 15,648 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, ACCEPTING THE BID OF PFP ABATEMENT GROUP, LLC, FOR THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT AND AUTHORIZING PAYMENT BY City Council Regular Meeting Minutes December 14,2023 Page 14 of 25 THE CITY OF BAYTOWN IN THE SUM OF FOUR HUNDRED THOUSAND AND NOA 00 DOLLARS ($400,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the payment of an annual assessment to the Harris Central Appraisal District. ORDINANCE NO. 15,649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT TO THE HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL SERVICES FOR THE 2024 TAX YEAR IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY-ONE THOUSAND SEVEN HUNDRED SIXTY-SEVEN AND NO 100 DOL- LARS ($351,767); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a professional services agreement for third party ambulance billing with Emergicon, LLC. ORDINANCE NO. 15,650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE CONTRACT WITH EMERGICON, LLC TO PROVIDE THIRD PARTY AMBULANCE BILLING FOR THE FIRE DEPARTMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of Fire Department uniforms from Impact Promotional Services LLC,dba Got You Covered Workwear and Uniforms,through the Texas Local Government Purchasing Cooperative,BuyBoard. ORDINANCE NO. 15,651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT NOT TO EXCEED ONE HUNDRED FIFTY-FIVE THOUSAND DOLLARS ($155,000.00) TO IMPACT PROMOTIONAL SERVICES, LLC D:B A GOT YOU COVERED WORK WEAR AND UNIFORM, THROUGH THE PUR- CHASING COOPERATIVE BUY BOARD PROGRAM, CONTRACT #670-22, FOR THE PURCHASE OF EMPLOYEE UNIFORMS, NEW HIRE UNIFORMS, AND CLASS A UNIFORMS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 14,2023 Page 15 of 25 i. Consider an ordinance authorizing the purchase of two(2) Dodge vehicles from Grape- vine DCJ,LLC.,through the Texas Local Government Purchasing Cooperative(BuyBoard). ORDINANCE NO. 15,652 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY- THREE THOUSAND NINE HUNDRED EIGHTY DOLLARS ($83,980.00)TO GRAPEVINE DCJ, LLC D/B/A GRAPEVINE DODGE CHRYSLER JEEP, THROUGH THE PURCHASING COOPERATIVE BUY BOARD PROGRAM, CONTRACT #601-19, FOR THE PUR- CHASE OF TWO 2024 DODGE DURANGO PURSUIT V6 VEHICLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the sole source purchase of seventy-two (72) license plate recognition cameras (LPR) with installation and recurring yearly cost from Flock Group Inc., d/b/a Flock Safety. ORDINANCE NO. 15,653 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED EIGHTY-EIGHT THOUSAND TWO HUNDRED AND NO 100 DOLLARS ($188,200.00) TO FLOCK GROUP, INC. D•B'A FLOCK SAFETY FOR THE SOLE-SOURCE PURCHASE OF SEV- ENTY-TWO FLOCK SAFETY LPR PRODUCTS, FLOCK SAFETY PROFESSIONAL SERVICES, AND FLOCK SAFETY FLOCK OS FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the sole source purchase of video equipment for the interview rooms in the new Baytown Public Safety Building from Axon Enterprises, Inc., year one. ORDINANCE NO. 15,654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT OF THE SUM OF THIRTY-ONE THOUSAND NINETYNINE AND 63 100 DOLLARS ($31,099.63) TO AXON ENTERPRISES, INC. FOR THE SOLE- SOURCE PURCHASE OF VIDEO EQUIPMENT FOR THE INTER- VIEW ROOMS FOR THE NEW PUBLIC SAFETY BUILDING FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RE- City Council Regular Meeting Minutes December 14,2023 Page 16 of 25 LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the rental of fifteen (15) vehicles from EAN Hold- ings, LLC., d/b/a Enterprise Rent-A-Car, through an interlocal agreement between Harris County and the City of Baytown, based on an award between Harris County and Enterprise Rent-A-Car. ORDINANCE NO. 15,655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND AND NO 100 DOLLARS ($180,000.00) TO EAN HOLDINGS, LLC D B A ENTERPRISE RENT-A-CAR, THROUGH AN INTERLOCAL COOP- ERATIVE PURCHASING AGREEMENT WITH HARRIS COUNTY AUTHORIZED BY ORDINANCE 13,702, FOR THE RENTAL OF FIF- TEEN (15) VEHICLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance for the purchase and installation of a Basketball Court Pavilion at Barkuloo Park,by Kraftsman,L.P. through the Texas Local Government Purchasing Co- operative#679-22 (BuyBoard). Mayor Pro Tern Mike Lester praised the Parks and Recreation Department for the parks projects to include the basketball court pavilion at Barkuloo and Pelly Park and the pickleball court at NC Foote Park. "The Parks department is responding to the public's input and Council's direction to provide for our citizens and I really do appreciate their efforts". A motion was made by Mayor Pro Tern Mike Lester and seconded by Council Member Laura Alvarado to approve item 7.m.,7. n. & To. together. 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 Approved ORDINANCE NO. 15,667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT NOT TO EXCEED ONE HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED FIFTY- ONE AND NO 100 DOLLARS ($123,251.00), TO KRAFTSMAN, LP, City Council Regular Meeting Minutes December 14,2023 Page 17 of 25 FOR A BASKETBALL COURT PAVILION FOR BARKULOO PARK, THROUGH THE LOCAL GOVERNMENT PURCHASING COOPERA- TIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance for the purchase and installation of a Basketball Court Pavilion at Pelly Park, by Kraftsman, L.P. through the Texas Local Government Purchasing Cooper- ative#679-22 (BuyBoard). ORDINANCE NO. 15,668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT NOT TO EXCEED ONE HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED FIFTY- ONE AND NO 100 DOLLARS ($123,251.00), TO KRAFTSMAN, LP, FOR A BASKETBALL COURT PAVILION FOR PELLY PARK, THROUGH THE LOCAL GOVERNMENT PURCHASING COOPERA- TIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance for the purchase and installation of a pickle ball court for NC Foote Park, by Kraftman, LP., through the Texas Local Government Purchasing Coopera- tive#679-22 (BuyBoard). ORDINANCE NO. 15,669 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT NOT TO EXCEED EIGHTY THOUSAND FIVE HUNDRED FORTY-SIX AND NO 100 DOLLARS ($80,546.00), TO KRAFTSMAN, LP, FOR PICKLEBALL COURT PARTS,THROUGH THE LOCAL GOVERNMENT PURCHAS- ING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing payment to CivicPlus LLC for the annual service fees for the Parks and Recreation Department's software system. ORDINANCE NO. 15,656 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-SIX THOUSAND THREE HUNDRED SEVENTY AND 05 100 DOLLARS ($56,370.05) TO CIVICPLUS, LLC FOR CIVICREC SOFTWARE LI- CENSING AND FEES ANNUAL RENEWAL FOR THE PARKS AND City Council Regular Meeting Minutes December 14,2023 Page 18 of 25 RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance approving the re-plastering of the original wave pool at Pirates Bay from Progressive Commercial Aquatics,Inc.,through the Texas Local Government Pur- chasing Cooperative (Buyboard). ORDINANCE NO. 15,657 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT NOT TO EXCEED TWO HUNDRED FIFTY-EIGHT THOUSAND TWO HUNDRED FIFTY AND NO: 100 DOLLARS ($258,250.00), TO PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR PLASTER AND PLASTER REPAIR SERVICE, THROUGH THE LOCAL GOVERNMENT PUR- CHASING COOPERATIVE (BUY BOARD); MAKING OTHER PRO- VISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing Public Necessity for two (2) fee purchase, twenty- six (26)force main easements,and fourteen (14)temporary construction easements,tracts of land for the I11-10 Lift Station Project. ORDINANCE NO.15,658 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE TWO (2) TRACTS OF LAND BY FEE PURCHASE, TWENTY-SIX (26) FORCE MAIN EASEMENTS, AND FOURTEEN (14) TEMPO- RARY CONSTRUCTION EASEMENTS FOR THE IH-10 LIFT STA- TION PROJECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE IH-10 LIFT STATION PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO ESTABLISH JUST COMPENSA- TION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AU- THORIZING 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 AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 14,2023 Page 19 of 25 S. Consider an ordinance renewing the Annual Asphalt Mill & Overlay Program Con- tract with Texas Materials Group, Inc. d/b/a Gulf Coast a CRH Company. ORDINANCE NO. 15,659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED THREE-MILLION FIVE HUNDRED TWENTY- FOUR THOUSAND THREE-HUNDRED FIFTY AND 68100 DOL- LARS ($3,524,350.68) TO RENEW THE TEXAS MATERIALS GROUP, INC. D/B/A GULF COAST, A CRH COMPANY CON- TRACT FOR THE FISCAL YEAR 2024, ASPHALT MILL & OVER- LAY PROGRAM FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider an ordinance authorizing the closeout of the Community Development Block Grant Disaster Recovery Funded(CDBG-DR),Lincoln Cedars and Julia Ann Villa Drainage Improvement Project to Nlar-Con Services, LLC. ORDINANCE NO. 15,660 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, ACCEPTING THE DRAINAGE IMPROVEMENTS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT DIS- ASTER RECOVERY FUNDED (CDBG-DR), LINCOLN CEDARS AND JULIA ANN VILLA DRAINAGE IMPROVEMENT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY- NINE THOUSAND THREE HUNDRED TWENTYSEVEN AND 03 100 DOLLARS ($99,327.03) TO MAR-CON SERVICES, LLC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance authorizing the purchase of the Baytown Police Department's Workout Equipment from Coulter Ventures, LLC., d/b/a Rogue Fitness, for the Public Safety Building Project. (Phase 2 Administration Building M). ORDINANCE NO.15,661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY-EIGHT THOUSAND NINE HUNDRED SEVENTY-FOUR AND 55/100 DOL- LARS ($48,974.55) TO COULTER VENTURES, LLC. D/B/A ROGUE FITNESS, FOR THE PURCHASE OF WORKOUT EQUIPMENT FOR THE PUBLIC SAFETY BUILDING PROJECT (PHASE 2 ADMINISTRA- City Council Regular Meeting Minutes December 14,2023 Page 20 of 25 TION BUILDING M, THROUGH CONTRACT GS-03F-0091 W OF THE UNITED STATES GENERAL SERVICE ADMINISTRATION MULTI- PLE AWARD SCHEDULE COOPERATIVE PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. V. Consider an ordinance authorizing a Professional Services agreement with Kimley- Horn and Associates, Inc., for On-Call Engineering Services to assist the Public Works and Engineering Department in plan reviews and miscellaneous engineering services. ORDINANCE NO. 15,662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INCORPO- RATED, ON-CALL ENGINEERING SERVICES TO ASSIST THE PUB- LIC WORKS AND ENGINEERING DEPARTMENT IN PLAN REVIEWS AND MISCELLANEOUS ENGINEERING SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO 100 DOL- LARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. w. Consider an ordinance approving payment to the Texas Commission on Environmental Quality for the City of Baytown's annual water system fee. ORDINANCE NO. 15,663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF EIGHTY-NINE THOUSAND EIGHT HUNDRED TWENTY-SIX AND 80 100 DOLLARS ($89,826.80) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL FEE FOR THE CITY'S WATER SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. X. Consider an ordinance rejecting the received bids for the Public Nl*'orks Traffic Build- ing (New Sign Shop Building 7—Traffic :Maintenance). ORDINANCE NO.15,664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, REJECTING THE BID FOR THE PUBLIC WORKS TRAFFIC BUILDING CONTRACT IN THE AMOUNT OF SEVEN HUNDRED THIRTY-NINE THOUSAND EIGHT HUNDRED FIFTY AND NO 100 DOLLARS ($ 739,850.00); REBID AT A FUTURE DATE; City Council Regular Meeting Minutes December 14,2023 Page 21 of 25 MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. y. Consider an ordinance authorizing the purchase of three (3) Kubota Excavators from Kubota Tractor Corporation through Sourcewell Cooperative Program, for the Public Works Department. ORDINANCE NO. 15,665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT NOT TO EXCEED THREE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED THREE AND 01/100 DOLLARS($317,803.01)TO KUBOTA TRACTOR CORPORATION, FOR THREE(3) KUBOTA EXCAVATORS AND AC- CESSORIES, THROUGH SOURCEWELL COOPERATIVE PURCHAS- ING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Z. Consider an ordinance authorizing the purchase of Seven (7) Chevrolet Trucks from Lake Country Chevrolet,through TIPS Purchasing Cooperative,for PWE and Planning De- partments. ORDINANCE NO. 15,666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT NOT TO EXCEED THREE HUNDRED TWENTY-TWO THOUSAND EIGHT HUNDRED SIXTY-TWO AND NO/100 DOLLARS ($322,862.00)TO LAKE COUN- TRY CHEVROLET, INCORPORATED, FOR SEVEN (7) CHEVROLET TRUCKS, THROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. After item Tz., Mayor Capetillo took the Point of Privilege to accept a Backflow Pot as a gift from Yulin City Association for Friendship with Foreign Countries in Shaanxi, China. 8. APPOINTMENTS a. Consider the Mayor's appointment of one (1) representative and one (1) alternate to the 2024 Transportation Policy Council and one (1) representative and one (1) alternate to the 2024 Transportation Advisory Committee. Mayor Capetillo nominated himself as the representative and City Manager Jason Reynolds as the alternate to the 2024 Transportation Policy Council. City Council Regular Meeting Minutes December 14,2023 Page 22 of 25 Mayor Capetillo nominated Assistant City Manager Brant Gary as the representative and Planning and Development Services Director Martin Scribner as alternate to the 2024 Transportation Advi- sory Committee. A motion was made by Mayor Pro Tem Mike Lester and seconded by Council Member Jacob Powell to approve Resolution No. 2872, related to Item 8.a. 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 Approved RESOLUTION NO. 2873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS DESIGNATING THE CITY OF BAYTOWN'S REPRE- SENTATIVES AND ALTERNATES TO THE HOUSTON-GALVESTON AREA COUNCIL TRANSPORTATION POLICY COUNCIL AND TRANSPORTATION ADVISORY COMMITTEE FOR THE YEAR 2024; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider electing the Baytown City Council Mayor Pro Tem. Mayor Capetillo asked that Item 8.b be discussed in Executive session to discuss with the City Attorney. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tem Mike Lester to approve the election of Council Member Laura Alvarado as the Baytown City Council Mayor Pro Tem. 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 Approved 9. PERFORMACE EVALUATIONS a. Review and take appropriate action regarding the City Manager's annual performance eval- uation. Mayor Capetillo commented,"The Council is very pleased with Mr. Reynolds and all the activities he's done throughout the organization. Personally, I do get to see him in meetings with external City Council Regular Meeting Minutes December 14,2023 Page 23 of 25 entities, certainly with economic development activities. Mr. Reynolds is extremely professional and forthcoming. I'm just very satisfied with his work demeanor and what he's done with the or- ganization. We continue to wish him the best in all that he does for the City of Baytown". A motion was made by Mayor Pro Tem Lester and seconded by Council Member Kenrick Griffith to approve Ordinance No.15,670A, to extend the contract for a period of 18 months to get out of the December evaluation and into a July evaluation, as well as raise his salary from $245,000 to $265,000. 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 Approved ORDINANCE NO. 15.670A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS, EXTENDING THE AGREEMENT FOR PROFESSIONAL SERVICES FOR AN ADDITIONAL EIGHTEEN (18) MONTHS AND EM- PLOYMENT WITH JASON E. REYNOLDS, AUTHORIZING A SALARY INCREASE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Review and take appropriate action regarding the Municipal Court Judge's annual perfor- mance evaluation. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado, Resolution No. 2874 to approve item 9.b. City Council reappointing Judge Julie Es- calante starting on February 1, 2024 ending January 31, 2026 with a 4%salary increase. 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 Approved RESOLUTION NO.2874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING JULIE ESCALANTE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes December 14,2023 Page 24 of 25 10. MANAGER'S REPORT City Manager Jason Reynolds recognized the following Departments Employees: • The Parks and Recreation, Public Affairs, Police, Fire Departments and everyone involved in the Holiday Parade. • The Planning Development Services and the Building Department for all the assistance and collab- oration in getting T36 up and running. • Phillip Davis, Risk Management Coordinator in our Human Resources Department for passing and earning his Associate Safety Professional Certification through the Board of Certified Safety Pro- fessionals. • Emilio Levario for achieving his AICP Certification on his first try. • The Police Department, EMS, and Citizens in an attempted suicide at a place of business. Mr. Reynolds reminded Council that the water bills for the month of December."You will see the water bill in January reflect the increase that was discussed in the budget cycle in September. It is a 60 o increase,but do not let that number scare you. The usage that is around 2,000 gallons, that's a fifty-cent increase for an average 2,000-gallon bill and three dollars for an average 6,000-gallon use at homes. So, that will go into effect on the next bill. I just wanted to bring awareness that is coming up". Council Member Sarah Graham mentioned that the Sterling Library open up the Dr. Seuss Storybook Trail and it's amazing. Ms. Graham thanked the Staff and everyone involved. Council Member Mike Lester took a point of privilege to thank Fire Chief Kenneth Dobson who helped his personal friend who was injured in an accident. If it wasn't for his quick and prompt care,she would not have recovered or be recovering as well as she did. 11. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Mike Lester regarding projects, programs and events in District No. 6. Mr. Lester continue with his report relaying the T36 Golf Course is open. "The Burt's Restaurant is not quite open yet,but it's going to be open soon.There's been a reconstruction project started on the streets in Bay Oaks Harbor, and I'm assuming they're going to be concrete, which is what we've discussed. I know the citizens down there are really looking forward to that. Stormwater issues, for which I'm a big stormwater proponent, and Frank has done a very good job. A lot of the ditches on Kilgore, Cedar Bayou, Pecan Manor, North Seal, and East Texas Avenue, they're digging out the ditches and getting ready for the late winter storms and spring runoffs. We did have a sinkhole at Cedar Bayou and Kilgore, and they responded very quickly. Within a day they had that sinkhole refilled in and repaired right there at the junior high. Striping on Evergreen and Causeway. Asphalt repairs have been completed on East Texas and Bayou Road, Tri City Beach Road, East Texas Avenue, and Marlin Lane. A lot of good general things are going on in the district, as we all see. Kudos to Frank and his team, but we really appreciate the efforts for that". At 8:08 P.M., Mayor Capetillo recessed into executive session for items 6.d., 8.b., 9.a. & 9.b. pursuant to Texas Government Codes, Sections 551.074, 551.071, 551.072, and 551.087. City Council Regular Meeting Minutes December 14,2023 Page 25 of 25 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. Action was taken on items 6.d, 8.b., 9.a., & 9.b. 12. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the December 14, 2023, City Council Regular Meeting at 10:03 P.M. QQp,YTC?!jf� Angela Ja on, City Clerk City of Baytown n 1 9 co V.l s OF