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2024 03 28 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 28, 2024 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 14, 2024, at 6:30 P.M. in the Council Chamber of the Baytown City Hall at 2401 Market Street, Baytown, Texas, with the following in attendance: Laura Alvarado Mayor Pro Tern Sarah Graham Council Member Kenrick Griffith Council Member James Franco Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney Gabriella Gonzales Open Government Supervisor John Springer Sergeant at Arms Mayor Brandon Capetillo convened the March 28, 2024 Regular City Council Meeting with a quorum present at 6:39 P.M. All members were present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Lester. Mayor Capetillo took the agenda out of order and proceeded to Item 6.b. 1. CITIZEN COMMENTS a. Harvey Ponder, 6413 Crosby Cedar Bayou Road, commented, "Yes, sir. First let me say, I will not hold the city council responsible for any past slight of hand techniques used in our annex- ation. It's not your fault, I understand that. But I will hold every one of you all responsible for not correcting past wrongs. Under page one of the City of Baytown Municipal Annexation staff report, dated November 2,2017. It says, "the purpose of the annexation was to transition from commercial to residential land use". Further on page one it says, "under existing conditions, the areas domi- nated by large residential lots with single-family structures area has 59 residential developed lots and eight parcels for commercial use". On page three, line seven says, "the subject area is mostly dominated with single-family residential uses." Why does the City contradict itself with private property already used for single families,not commercial interest?Unless you wish to rezone those large lots for more multi-family dwellings or commercial uses, like you want to do with the area on Blue Heron and Sjolander. Mr. City Manager, you said that the City doesn't want three conver- sations at the same time about the budget, water annexation and annexation. According to this same staff report,the city promised us 1500 feet of water line, 1500 feet of sewer line for a cost of $2 million. The city promises a four-bay fire station at $3.7million. A new fire engine of$1.0 City Regular Re ular Meeting Minutes March 28,2024 Page 2 of 19 million and reoccurring personnel cost at $1.6 million for a total of$8.3 million. Adjusted for inflation, that's $10.4 million with a potential loss of 129 parcels of land, 298 acres. Maybe it's time you need to have a serious talk about budget, water, and annexation. Mr. City Manager, you lamented long about total time constraints and city attorney staffing, along with the possibility of a hurricane interruption. Again sir, that total time length from annexation was 3 months and right in the middle of that time, you had a hurricane named Harvey. I live in Baytown, I leave Baytown for work at 9. That's all I got." b. Gary VanDerbeek, 4403 Crosby Cedar Bayou Road, commented, "Obviously, you could tell I'm not a lawyer, I'm a plumber. At the last meeting you said that the waters were muddy and I'm going to try to clear that up for you. It's about citizens'rights versus city rights. In 1989, SB962 was codified into law Section 43.054 and 43.056 requires, construction of capital improvements necessary for providing services to a newly annexed area to be initiated within two and a half years and completed in four and a half years. The current Local Government Code 43.056 defines ser- vices as, quote, "Full municipal services that includes water, sewer, gas, electric, etc.". SB96 re- quires a plan to be put in place three years prior to annexation,explaining how such services would be rendered. I ask again, what is your plan? It's been seven years not four and a half, which is the time limit. I'm getting tired of excuses. Okay? When HB6 was passed and became effective on December 1, 2017, representative Huberty proclaimed that, quote, "citizens have rights, cities don't.". Basically, I think what he's saying is, the City is the people, and they have the rights. Not the bureaucrats that are running the City. We're all in this together, Okay? So with that, I'm re- questing a meeting with the city council because I have limited time to speak and lots of issues and frustrations and I'm about up to here with all this stuff So my wife gave me this to write down my thoughts,which I was trying to articulate it as best I could. But on the front of it,I just happened to see and I call them God moments, where all of a sudden you notice something. It says, a goal without a plan is just a wish.That's pretty profound, I think.You know,what was the plan? I mean, I'm a simple man, I'm a plumber. I don't understand all this, and it's like, I think it's up to you all to explain it to us little people." 2. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on February 22, 2024. b. Consider approving the minutes of the City Council Regular Meeting held on March 14,2024. A motion was made by Council Member Kenrick Griffith and seconded by Mayor Pro Tem Laura Alvarado to approve Items 2.a. and 2.b., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None City Council Regular Meeting Minutes March 28,2024 Page 3 of 19 Approved 3. 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 the individuals that received over 25 Years of Service award for the month of March. 30 YEARS Lorenzo Goodley, Crew Leader, Parks & Recreation b. Present a proclamation designating April 27th - 28th, 2024 as BACA Heroes Week- end. Mayor Capetillo presented a proclamation designating April 27th—28th as BACA Heros Weekend. c. Present a proclamation designating April 10th - 14th, 2024, as Community Develop- ment Week. Mayor Capetillo presented a proclamation designating April loth -14th as Community Develop- ment Week. d. Present a proclamation designating the month of April as Fair Housing Month in the City of Baytown. Mayor Capetillo presented a proclamation designation the Month of April as Fair Housing Month in the City of Baytown. 4. AMENDMENTS a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 2.96 acres at 4208 Crosby Cedar Bayou Road, from Open space/Rec- reation (OR)to Mixed Residential at Low to a Medium Densities (SF2) Zoning District. At 7:09 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 2.96 acres at 4208 Crosby Cedar Bayou Road, from Open space/Recreation (OR) to Mixed Residential at Low to a Medium Densities (SF2) Zoning District. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. At 7:14 P.M., Mayor Capetillo closed the public hearing to amend the official zoning map, no citizens signed up to speak. City Council Regular Meeting Minutes March 28,2024 Page 4 of 19 b. Consider an ordinance to amend the official zoning map to rezone approximately 2.96 acres at 4208 Crosby Cedar Bayou Road,from Open space/Recreation (OR) to Mixed Resi- dential at Low to Medium Densities (SF2) Zoning District. A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 15755, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,755 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 2.96 ACRES GENERALLY LOCATED AT 4208 CROSBY CEDAR BAYOU, LE- GALLY DESCRIBED AS TRACT 7C AND 7F, ABSTRACT 69 CHRIS- TIAN SMITH SURVEY, HARRIS COUNTY, TEXAS, FROM OPEN SPACE/RECREATION (OR) TO A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOL- LARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAIN- ING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Conduct a public hearing regarding a proposed text amendment to Appendix A - Unified Land Development Code (ULDC) to amend Section 2.08(g) Planned unit develop- ments; removing the expiration of detail plans within approved Planned Unit Developments. At 7:15 P.M., Mayor Capetillo opened the public hearing regarding a proposed text amendment to Appendix A - Unified Land Development Code (ULDC) to amend Section 2.08(g) Planned unit developments; removing the expiration of detail plans within approved Planned Unit Developments. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. At 7:20 P.M., Mayor Capetillo closed the public hearing to amend Appendix A,no citizens signed up to speak. City Council Regular Meeting Minutes March 28,2024 Page 5 of 19 d. Consider an ordinance regarding a proposed text amendment to Appendix A-Unifed Land Development Code (ULDC) to amend Section 2.08(g) Planned unit development, re- moving the expiration of detail plans within approved Planned Unit Developments. A motion was made by Mayor Pro Tem Laura Alvarado and seconded by Council Member Jacob Powell to approve Ordinance No. 15,756, related to Item 4.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAY- TOWN, TEXAS, APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DIS- TRICTS," SECTION 2.08(G), "PLANNED UNIT DEVELOPMENTS;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFEC- TIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing a grant agreement with Best Friends for the Fiscal Year 2024 Community Cat Program on behalf of the Health Department/Animal Services Division. Tony Gray,Director of the Health Department advised Council of an ordinance that authorizes a grant agreement with Best Friends for Fiscal Year 2024 Community Cat Program (CCP), authorizing acceptance of an award from Best Friends on behalf of the Health Department/Animal Services Division and any resulting contract(s) in the amount of $20,000. This agreement and award will be used to cover the 6-month partnership that was agreed upon by Best Friends during the previous council discussions related to the CCP. The funds will be used to achieve the following: • At least 300 community cat surgeries during the Grant Period that will include sterilization, rabies vaccine, FVRCP vaccine, and an ear-tip. • Operational supplies for the program such as mammal dens,humane deterrents,kitten kits for intake diversion, and other supplies for community cat programming. • Increased resources for foster families for in-shelter cats and kittens as well as Good Samaritan finders such as snuggle discs,kitten milk replacer, and medical care. City Council Regular Meeting Minutes March 28,2024 Page 6 of 19 • Surgery supplies to increase functionality and speed during high-quality,high-volume surgery days. The goal of the CCP and Best Friends Partnership is to begin to reduce the number of stray cats within the City of Baytown,and to achieve a 90%save rate within the 6-month partnership. Over the period of 6 months,an estimated 300 cats will be sterilized,vaccinated and ear tipped to identify their status as community cats. By authorizing acceptance of this award,the City of Baytown agrees to comply with the terms and conditions set forth in the Best Friends Agreement. Council Members Alvarado and Lester expressed their opposition for the Community Cat Program and the terms of the proposed grant agreement. Mayor Captellio questioned if the Code of Ordinances currently written does not allow individuals to trap community cats on someone's property. City Attorney Scott Lemond clarified the Chapter 14 Section 180 of the Code of Ordinance, impounding animals, creating animal nuisance. Animal Control Officers shall have the power to impound animals which create an animal nuisance for the purpose of abating the nuisance as follows: on public property and all cases: on private property if, a. The consent of the resident or property owner is obtained or b. the officer reasonably believes that there is immediate and imminent danger or peril to the public if the animal in question is not impounded or c. authorized by appropriate courts at law. A motion was made by Council Member Sarah Graham and seconded by Kenrick Griffith to approve Ordinance No. 15,757, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, Nays: Mayor Pro Tern Laura Alvarado, Council Member James Franco, Council Member Mike Lester Approved ORDINANCE NO. 15,757 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A GRANT AGREEMENT WITH BEST FRIENDS ANIMAL SOCIETY FOR THE IMPLEMENATION OF THE COMMUNITY CAT PROGRAM AND KITTEN LIFESAVING PROGRAMMING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an Ordinance amending Chapter 2 "Administration"; Article IV "Boards and Commissions"; Division 3 "Planning and Zoning Commission"; Section 2-320 "Ap- City Council Regular Meeting Minutes March 28,2024 Page 7 of 19 pointments" of the Code of Ordinances to remove the City Manager's authority to make nominations, subject to City Council approval, to the Planning and Zoning Commission. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 15,758, related to item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,758 AN ORDINANCE OF THE CITY OF BAYTOWN,TEXAS,AMENDING CHAPTER 2 "ADMINISTRATION"; ARTICLE IV "BOARDS AND COMMISSIONS"; DIVISION 3 "PLANNING AND ZONING COMMISSION; SECTIONS 2-320(a) & 2-320(b) "APPOINTMENTS" AND DELETING CHAPTER 2 "ADMINISTRATION"; ARTICLE IV "BOARDS AND COMMISSIONS"; DIVISION 3 "PLANNING AND ZONING COMMISSION; SECTION 2-320 (c) "APPOINTMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO REMOVE THE CITY MANAGER'S AUTHORITY TO NOMINATE TWO VOTING MEMBERS TO THE PLANNING AND ZONING COMMISSION AND PROVIDING FOR TWO(2)APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION TO BE MADE BY THE CITY COUNCIL; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Consider an ordinance to amend the Fiscal Year 2024 budget for encumbrances carried forward from Fiscal Year 2023, interfund transfers for debt requirements, capital projects, and contributions made to departments. Teresa McKenzie Director of Finance summarized the first budget amendment for Fiscal Year 2024. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 15,759, related to item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes March 28,2024 Page 8 of 19 Nays: None Approved ORDINANCE NO. 15.759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024 BUDGET FOR ENCUMBRANCES CARRIED FORWARD FROM FISCAL YEAR 2023, INTERFUND TRANSFERS FOR DEBT REQUIREMENTS, CAPITAL PROJECTS, AND CONTRIBUTIONS MADE TO DEPARTMENTS AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. REPORTS a. Receive the City of Baytown's Annual Comprehensive Financial Report and Single Audit for the fiscal year ending September 30, 2023. Mayor Capetillo acknowledged Item 6.a. will be pushed until the April 11, 2024 City Council Regular Meeting. b. Receive the 2023 Baytown Parks and Recreation Annual Report. Agustin Loredo III, Vice Chairperson of the Parks and Recreation Advisory Board presented the 2023 Baytown Parks and Recreation Annual Report. 7. CONSENT A motion was made by Council Member Kenrick Griffith and seconded by Council Member Sarah Graham to approve Consent Agenda Items 7.a. through 7.m., with the exception of 7.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance amending Ordinance No. 14,253 to prescribe the number of positions in the classification "Service Group- Fire. City Council Regular Meeting Minutes March 28,2024 Page 9 of 19 ORDINANCE NO.15,760 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing the Chambers County Mosquito Control Depart- ment to use aerial application methods for the purpose of mosquito control within the Cham- bers County portion of the City of Baytown. RESOLUTION NO. 2900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOS- QUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NO- TIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AU- THORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the award of an annual contract for office supplies and coffee supplies from ODP Business Solutions, LLC. ORDINANCE NO. 15,761 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE AWARD OF AN ANNUAL OF- FICE SUPPLIES AND COFFEE SUPPLIES CONTRACT TO ODP BUSINESS SOLUTIONS, LLC., THROUGH COOPERATIVE PUR- CHASING AGREEMENTS WITH OMNIA PARTNERS AND THE IN- TERLOCAL PURCHASING SYSTEM (TIPS), THROUGH REGION 4 EDUCATION SERVICE CENTER (ESC) CONTRACT #R190303, FOR THE PURCHASE OF OFFICE SUPPLIES AND COFFEE SUPPLIES, AND AUTHORIZING PAYMENT NOT TO EXCEED FOUR HUN- DRED FIFTY THOUSAND AND NO/100 DOLLARS ($450,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the award of an Annual Auto Parts and Supplies Contract to XL Auto Parts LLC through the BuyBoard Cooperative Contract, 715-23. City Council Regular Meeting Minutes March 28,2024 Page 10 of 19 ORDINANCE NO. 15,762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE AWARD OF AN ANNUAL AUTO PARTS AND SUPPLIES CONTRACT TO XL AUTO PARTS LLC, THROUGH THE PURCHASING COOPERATIVE BUYBOARD PROGRAM, CONTRACT #715-23, FOR THE PURCHASE OF NEW AND REPLACEMENT AUTOMOTIVE PARTS AND SUPPLIES, AND AUTHORIZING PAYMENT NOT TO EXCEED NINETY THOUSAND AND NO/100 DOLLARS($90,000.00);MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a service agreement with Xerox Corporation for the lease of multi-function devices. ORDINANCE NO. 15,763 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A TOTAL PAYMENT NOT TO EX- CEED FIVE-HUNDRED, SEVENTY-SIX THOUSAND DOLLARS ($576,000.00)TO XEROX CORPORATION FOR A SERVICE AGREE- MENT THROUGH CHOICE PARTNERS COOPERATIVE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance for the purchase and installation of a Concrete Pad at Pirates Bay, by Kraftsman, L.P. through the Texas Local Government Purchasing Cooperative #679-22 (BuyBoard). Council Member Franco requested more information on the installation of the concrete pad to which Parks and Recreation Director,Clifford Hatch detailed out the purchase of the contract pad. A motion was made by Council Member James Franco and seconded by Council Member Mike Lester to table item 7.f. for 30 days. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved g. Consider the ordinance authorizing payment to Metro Fire Apparatus Specialists,Inc for the purchase of technical rescue equipment. City Council Regular Meeting Minutes March 28,2024 Page 11 of 19 ORDINANCE NO. 15,764 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND EIGHT HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($75,838.00) TO METRO FIRE APPARATUS SPECIALIST, INC, THROUGH THE TEXAS LO- CAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE OF TECHNICAL RESCUE EQUIPMENT FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of twenty-two(22) Panasonic laptop computers from Baycom, Inc., through the Texas Department of Information Re- sources contract. ORDINANCE NO. 15,765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-SEVEN THOUSAND ONE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($57,156.00)TO BAYCOM, INC. FOR THE PURCHASE OF TWENTY- TWO (22) PANASONIC TOUGHBOOK FZ-55 LAPTOPS, THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES CON- TRACT #CPO-5225; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the purchase of twenty-two(22)MPH radar units from MPH Industries, Inc., through the Tarrant County Cooperative Agreement. ORDINANCE NO. 15,766 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-ONE THOUSAND ONE HUNDRED THIRTY-THREE AND 50/100 DOL- LARS ($51,133.50)TO MPH INDUSTRIES, INC. THROUGH A COOP- ERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY CONTRACT #2022-200, FOR THE PURCHASE OF TWENTY-TWO (22) BEE-III STANDARD RADAR WITH RELATED EQUIPMENT FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes March 28,2024 Page 12 of 19 j. Consider a resolution suspending the effective date proposed by Centerpoint Energy Houston Electric,LLC("CEHE")for 90 days in its application to increase rates,authorizing the city's continued participation in the Texas Coast Utilties Coalition of Cities ("TCUC"), authorizing participation in Public Utility Commission of Texas ("PUC") pro- ceedings, authorizing the hiring of attorneys and consultants, authorizing reimbursement of reasonable legal and consultant expenses, and requiring CEHE to provide proof of publica- tion of notice. RESOLUTION NO. 2901 A RESOLUTION BY THE CITY OF BAYTOWN, TEXAS ("CITY") SUSPENDING THE EFFECTIVE DATE FOR NINETY (90) DAYS IN CONNECTION WITH THE RATE INCREASE FILING MADE ON OR ABOUT MARCH 6, 2024, BY CENTERPOINT ENERGY HOUSTON ELECTRIC LLC;AUTHORIZING THE CITY'S CONTINUED PARTIC- IPATION IN A COALITION OF CITIES KNOWN AS THE "TEXAS COAST UTILITIES COALITION OF CITIES;" AUTHORIZING PAR- TICIPATION IN PROCEEDINGS AT THE PUBLIC UTILITY COM- MISSION OF TEXAS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING REIMBURSEMENT OF REA- SONABLE LEGAL AND CONSULTANT EXPENSES; REQUIRING PROOF OF NOTICE; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE THEREOF. k. Consider a resolution approving the issuance of $1,525,000 Unlimited Tax Road Bonds, Series 2024 by Harris County Municipal Utility District No. 473 as meeting the re- quirements of Section 98-703(17)of the Code of Ordinances, Baytown,Texas,for road facil- ities as authorized by Resolution No. 2508. RESOLUTION NO. 2902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS, APPROVING HARRIS COUNTY MUNICIPAL UTIL- ITY DISTRICT NO. 473'S ISSUANCE OF ONE MILLION FIVE HUNDRED TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($1,525,000.00) UNLIMITED TAX ROAD BONDS, SERIES 2024, AS MEETING THE REQUIREMENTS OF SECTION 98-703(17) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, FOR ROAD FACILI- TIES AS AUTHORIZED PURSUANT TO RESOLUTION NO. 2508 PASSED BY THE CITY COUNCIL ON JANUARY 11, 2018; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance awarding a construction contract to Branch Construction Group,LLC.,for the Annual Lift Station Rehabilitation Project, consisting of the St.James City Council Regular Meeting Minutes March 28,2024 Page 13 of 19 Street Lift Station and the North Main Street Lift Station, using the TIPS Cooperative Pur- chasing Program. ORDINANCE NO. 15,767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED SEVENTY-THREE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($573,650.00) TO BRANCH CONSTRUCTION GROUP, LLC., THROUGH THE INTER- LOCAL PURCHASING SYSTEM (TIPS), FOR THE ANNUAL LIFT STATION REHABILITATION PROJECT OF THE ST. JAMES LIFT STATION AND THE NORTH MAIN STREET LIFT STATION FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT AND THE BAYTOWN AREA WATER AUTHORITY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. m. Consider an ordinance authorizing Amendment No.4 for the Barkuloo and Connally Area Water and Wastewater Annexation Project with Fivengineering, LLC. ORDINANCE NO. 15,768 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 THE FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FIVENGINEERING, LLC, FOR ENGINEERING SERVICES ASSOCIATED WITH THE BARKULOO AND CONNALLY AREA WATER AND WASTEWATER ANNEXATION PROJECT TO REMOVE THE REMAINING EASEMENT ACQUISITION DUTIES AND FUNDS FROM THE SCOPE OF SERVICES AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider a resolution authorizing six (6) appointments to the Board of Adjustment. Mayor Capetillo advised Council that three(3)members seek reappointment, one(1) vacancy with no applications received and the other two (2)members didn't not confirm their appointment. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to approve Resolution No. 2903 related to Item 8.a. reappointing Becky Robins, Mike Wilson,Barbara Wooster to the Board of Adjustment. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council City Council Regular Meeting Minutes March 28,2024 Page 14 of 19 Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,APPOINTING BECKY ROBINS,MIKE WILSON AND BARBARA WOOSTER TO THE BOARD OF ADJUSTMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing seven (7) appointments to the Community Develop- ment Advisory Committee. Planning and Development Services Director clarified the ethnicity makeup of the Committee. The nominations to the Community Development Advisory Committee were as follows: • District 1: Council Member Alvarado reappointed Antonio Hinojosa • District 2: Council Member Graham reappointed Roberto Diaz • District 3: Council Member Griffith appointed Anita Nichols • District 4: Council Member Franco reappointed Katherine Brown • District 5: Council Member Powell reappointed Vincent Norman • District 6: Received no nominations due to no applications • At-Large: Mayor Pro Tem Alvarado appointed Erik Rodriguez A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Laura Al- varado to approve Resolution No. 2904 related to 8.b. appointing the slate of officer's presented as presented to the Community Development Advisory Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING SIX (6) MEMBERS TO THE COMMU- City Council Regular Meeting Minutes March 28,2024 Page 15 of 19 NITY DEVELOPMENT ADVISORY COMMITTEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider a resolution authorizing seven (7) appointments to the Construction Board of Adjustment and Appeals. Mayor Capitello acknowledged the appointments as follow: Kara Harteib as the Engineer, reappoint- ment of Shane Blackmon as the Journeyman/Master Plumber, reappointment of Mike Chatham as the General Contractor,Thomas Hughes and Dustin Eaton as At-Large positions. The Journeyman/Master Plumber and Architect positions are vacant. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to approve Resolution No. 2905, related to 8.c. appointing the slate of officer's as presented to the Construction Board of Adjustment and Appeals. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2905 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING SHANE BLACKMON, MIKE CHAT- HAM, KARA HARTLIEB, DUSTIN EATON AND THOMAS W. HUGHES TO THE CONSTRUCTION BOARD OF ADJUSTMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution authorizing two (2) appointments to the Parks and Recreation Advi- sory Board. Mayor Capetillo stated he will review the applications and make an appointment within 60 days. e. Consider a resolution authorizing five (5) appointments to the Tax Increment Reinvest- ment Zone Number One and Baytown Redevelopment Authority. The nominations to the Tax Increment Reinvestment Zone Number One and Baytown Redevelopment Authority were as follows: • District 2 At-Large: Council Member Graham reappointed Terry Sain • District 4 At-Large: Council Member Franco appointed Felicia McKnight • District 6 At-Large: Received no nominations due to no applications • At-Large: Council Member Powell reappointed Fredrick Harlow City Council Regular Meeting Minutes March 28,2024 Page 16 of 19 • At-Large: Council Member Griffith appointed Charles Johnson A motion was made by Council Member Jacob Powell and seconded by Council Member Kenrick Griffith to approve Resolution No.2906,related to Item 8.e.appointing the slate of officers as presented to the Tax Increment Reinvestment Zone Number One and Baytown Redevelopment Authority. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2906 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING TERRY SAIN, FELICIA MCKNIGHT, FREDRICK HARLOW AND CHARLES JOHNSON TO THE TAX IN- CREMENT REINVESTMENT ZONE NUMBER ONE AND BAYTOWN REDEVELOPMENT AUTHORITY; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. f. Consider a resolution authorizing five (5) appointments to the Sign Committee. Mayor Capetillo questioned if the Sign Committee is required by Code to which City Attorney Scott Lemond advised that the committee is required by State Law. Mayor Capetillo only appointed two(2)members:Al Busch as the Architect and Richard"Chet"Theiss as the Real Estate Appraiser and stated he wanted to clarification on the TxDot appointment, leaving the other two positions vacant. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Jacob Powell to appoint the slate of officers as presented to Sign Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes March 28,2024 Page 17 of 19 RESOLUTION NO. 2907 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING AL BUSCH AND RICHARD THEISS TO THE SIGN COMMITTEE; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. 9. MANAGER'S REPORT City Manager Jason Reynolds recognized Dustin Sieber, Environmental Health Coordinator of Health who received a thank you card from Mr. Ralph Haynes thanking him for his patience and profession- alism in resolve an issue at his home. Mr. Reynolds recognized the Parks and Recreation Department for the dueling piano festivities and Phoebe with the Baytown Sun for covering the event. Lastly, Mr. Reynolds recognized Leonard Graham, Abel Carmona and Lorenzo Goodley for the repairs made at N.C. Foote Park. 10. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Mike Lester regarding projects, programs and events in District No. 6. Council Member Powell reported the following activities: Parks & Recreation • Contractors have just completed new mulch in the flower beds along Alexander o Next steps will include adding/replacing plants damaged in the freeze and drought last year. • Staff has worked with Baytown Little League to enhance fields at Champion Little League Park. o Improvements include new dugout covers, benches, and fence caps on both fields. • The City's next adult sand volleyball league is scheduled to start later this spring at Roseland Park. o Registration will open in early April. • Staff is currently working on a virtual video tour of the Clubhouse at Roseland Park. o Once complete, renters can view all the amenities of the clubhouse and park • online before reserving the clubhouse. Planning& Development Services • 2610 N Alexander—GCCISD new conference center o Project ongoing, under inspections • 2206 N Alexander—New Taco Bell o Currently in plan review • 2400 Massey Tompkins—New convenience store and gas station o Construction recently began, under inspections. • 3604 N SH 146—Tesla Charging station City Council Regular Meeting Minutes March 28,2024 Page 18 of 19 • Project ongoing, under inspections Public Works & Engineering • NarciIle Street- Construction has completed o Several minor items are being reviewed, such as some gutter lines, but there should be no closures needed. • Bay Oaks Harbor—Work is planned/ongoing for several streets: o Heron Inlet—Construction complete,punch list has not been performed. o Gulls Cut—70%complete with paving. Water Line offset still needs to be com- pleted o Flamingo Bight—Underground has been completed and we are just awaiting some engineering info for the roadway elevations before beginning demo and paving ops. o Bluebill Bay—No work started o Egret Canal—No work started o Angelfish Cove— Storm completed and demolition has begun today 03/26/2024 • Tree trimming wrapping up for the Roseland Oaks subdivision. • Ditch maintenance along Tri-City Beach Rd. is scheduled to begin soon. 11. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 to seek the advice of the City's attorneys regarding pending or contem- plated litigation; deliberate the purchase, exchange, lease, or value of real property; and/or deliberate regarding economic development negotiations. At 8:30 P.M., Mayor Capetillo recessed and convened into an Executive Session pursuant to: 1). Recess into and conduct an executive session pursuant to Texas Government Code Sec- tions 551.071, 551.072 and 551.087 to seek the advice of the City's attorneys regard- ing pending or contemplated litigation;deliberate the purchase, exchange,lease,or value of real property; and/or deliberate regarding economic development negotiations. At 9:44 P.M.,Mayor Capetillo reconvened the meeting and announced that,in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. 12. ADJOURN With there being no further business to discuss,Mayor Capetillo adjourned the March 28,2024 Regular City Council Meeting at 9:45 P.M. City Council Regular Meeting Minutes March 28,2024 Page 19 of 19 ;,' 11.7' ; .a e Angela Ja on, }�'C,lerk' .l City of Baytown \i