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2024 03 14 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 14, 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 Tem 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 Angela Jackson City Clerk Richard Whitaker Sergeant at Arms Mayor Brandon Capetillo convened the March 14, 2024 Regular City Council Meeting with a quorum present at 6:31 P.M. All members were present. The Pledge of Allegiance,Texas Pledge, and Invocation were led by Council Member Powell. 1. CITIZEN COMMENTS a. Gary VanDerbeek, 4403 Crosby Cedar Bayou Road, commented, "I've been up here nu- merous times and I feel like the response that was in the Baytown Sun, I didn't understand it. It was just kicking the can down the road. It felt like to me, it was we basically have no answers. I feel like we're in a bad marriage. I mean it's so easy to get us into it, but it's so hard to get us out of it, and it's like, I just don't understand it. I'd like to have some answers on what's happening next. I mean, all we get is, $4,000 extra every month since we went, signed up with the City of Baytown, and it's like, we're getting nothing for that money. I'm getting tired of coming up here. We documented from day 1 everything that we've had done,and it's like talking to the trees to me, and I'd like to get some answers and some results. Thank you very much for your time." Council Member Kenrick Griffith entered the meeting at 6:34 p.m. Linda Miks, 6427 Crosby Cedar Bayou Road, commented, "I also want to address the comment in the Baytown Sun saying that you're going to take anywhere between 9 to 12 months to even consider deannexing us. I'm sorry,that's ridiculous. You did it in 3 months to take us in an you all already had your mind made up to take us in before we even got there. So, you can even double City Council Regular Meeting Minutes March 14,2024 Page 2 of 17 that. Let's do it in 6 months. I agree with Mr. Vanderbeek, I kind of want to divorce this city too. Thank you." Harvey Ponder, 6413 Crosby Cedar Bayou Road, commented, "I didn't read the Baytown Sun. I didn't read any comments on it. I don't take the Sun. I didn't know it was six to twelve months or nine to twelve months to get any issue as far as this annexation or disannexation, whatever the procedure or steps that you all are going through, but like Ms. Miks said, three months to get us, and at least a year to get us out. What's up with that? My notes are, I'm sorry for not speaking to you all last time that council met. I had a little league meeting I had to go to. I am curious as to, uh where this disannexation procedure is moving. What's going on with it? Anybody, people say this and people say that nothing official,but Baytown Sun is not official. So, I'm just asking for an answer. We were hoodwinked into this city and now have legitimate reasons and efforts to get the city to disannex us. Where are we going with this? As stated before, taxes had gone up with no additional services provided, only what was offered to the public as a whole, to begin with. The Library, the public parks, they're public anyway. I understand it will cost the city gobs of money to fulfill the requirement for water and sewer services, but that was understood as the reason for the annexation in the first place, but where is it at, been 7 years? Where's it at? As far as the parking ordinance goes, I live across the street from a junkyard. Right now, there's a 78 Chevrolet Camaro, you know, up on blocks in that junkyard. I've been eyeballing that ever since he put it there. My property values have risen every year that I've been there. So,having somebody park on their yard or their lot and using that for an excuse, nobody wants to live next to a junkyard. Is anybody in this council or anybody in this room ever had to fight Harris County with their taxes going up too much? Or are you telling me I live next to a junkyard. My taxes need to go up some. Come on, folks. Think about it. Taxes are going up. Your property values are going up astronom- ically every year. I'd put in another junkyard if my taxes would go down. It seems to me that I struck a nerve with someone on this council last time I did speak." Mayor Capetillo commented, "Mr. Ponder I'm sorry your three minutes are up." 2. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on February 8,2024. A motion was made by Mayor Pro Tem Laura Alvarado and seconded by Council Member Kenrick Griffith to approve the minutes of the City Council work session and regular meeting held on February 8, 2024, as submitted. 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 3. PROPOSED ORDINANCES City Council Regular Meeting Minutes March 14,2024 Page 3 of 17 a. Consider an ordinance to amend Chapter 18, "Buildings and Building Regulations" of the Code of Ordinances,Baytown,Texas,to add article XVII, "Relocation Assistance," in accordance with Section 21.046 of the Texas Property Code and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act. City Attorney Scott Lemond summarized Item 3.a. regarding the Relocation Policy. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 15,747, related to Item 3.a. 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. 15,747 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 'BUILDINGS AND BUILDING REGULATIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS TO ADD ARTICLE XVII, "RELOCATION ASSISTANCE";PROVIDING A REPEALING CLAUSE;CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31,2023. Assistant Finance Director Lianette Leon presented the Quarterly Financial and Investment Re- ports for the quarter ending December 31, 2023 highlighting the revenues and expenses for each fund. (Exhibit A) Mayor Capetillo acknowledged the report was received. 5. DISCUSSIONS a. Present the 3rd and 4th of July Celebration schedule and entertainment for 2024. Parks and Recreation Director Clifford Hatch presented a video announcing the schedule and en- tertainment for the July 3`d and 4th Celebration. City Council Regular Meeting Minutes March 14,2024 Page 4 of 17 July 3`d 6:30—Kashus Culpepper(60 min set) Songs include: Who Hurt You, After Me 7:30—DJ to fill/Peron to switch anything(30min) 8:00—Bellamy Brothers (90 min set) Songs include: Let You Love Flow, Redneck Girl, If I Said You Had A Beautiful Body July 4th 5:00—Tiera Kennedy(60 min set) Songs include: Found It In You, Alabama Nights 6:00—Parade/DJ to fill /Peron to switch anything(30min) 6:30—Niko Moon(60 min set) Songs include: Good Time, Better Days 7:30—Mayor to address crowd/National Anthem by Tiera Kennedy 8:00—Brett Young(90 min set) Songs include: In Case You Didn't Know, Mercy, Dance With You, Like I Loved You, Lady, Catch, Sleep Without You 9:30 - Fireworks 6. CONSENT A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Laura Alvarado to approve Consent Agenda Items 6.a. through 6.i., with the exception of 6.e. 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 a. 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. Council is considering the Agreement for the following reasons: • Should detectable levels of PFAS be present, based upon revised standards issued by the United States Environmental Protection Agency, the City hopes to recover dam- ages from the manufacturers. • The Frazer and Ventura law firms represent municipalities and water systems in PFAS litigation across the country and have developed a specialty and competence in such litigation. The law firms are members of the Water Council for the US Confer- ence of Mayors and,in this capacity,contacted the City in September 2023 regarding potential claims and recoveries from settlements with various manufacturers that were recently announced.The City has no previous relationship with either law firm. City Council Regular Meeting Minutes March 14,2024 Page 5 of 17 • The Legal Department of the City of Baytown has neither the capacity,expertise,nor current license requirements, to adequately represent the City in the current multi- district federal litigation. Further, lawsuits of this type are generally handled on a contingency basis by firms with expertise in the area. It is uncommon for law firms with such expertise to charge an hourly rate. Moreover,an hourly rate for such com- plex and time-consuming litigation would not be economically feasible or in residents' best interests, especially considering the possibility of a loss or minor recovery. • Entering into a contingency fee arrangement with law firms with expertise in this area of the law and the capacity to handle large,complex cases on a nationwide basis at no cost to the City (unless the City recovers) is the most advantageous, expeditious, and economical way to protect the City's rights. 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. b. Consider an ordinance authorizing payment to FARRWEST Environmental Supply, Inc for the purchase of two handheld chemical detectors. ORDINANCE NO. 15,748 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-NINE THOUSAND THREE HUNDRED NINETY AND 10/100 DOLLARS ($59,390.10) TO FARRWEST ENVIRONMENTAL SUPPLY, INC., THROUGH THE PURCHASING COOPERATIVE BUYBOARD, CON- TRACT #718-23, FOR THE PURCHASE OF TWO (2) CHEMPROX, HANDHELD CHEMICAL DETECTOR KITS FOR THE FIRE DEPART- MENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the Fifth Amendment to the Lease of Premises with Solid Waste,Ltd. Inc. for the Baytown Marina. ORDINANCE NO. 15,749 City Council Regular Meeting Minutes March 14,2024 Page 6 of 17 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 FIFTH AMENDMENT TO THE LEASE OF PREMISES WITH SOLID WASTE, LTD. INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance to reject the received responses for the Haz-Mat trailer, which was received on January 17, 2024,2:00 P.M. ORDINANCE NO. 15,750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, REJECTING THE BID(S)RECEIVED FOR THE HAZ- MAT TRAILER BUILD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of one MADVAC LR50 All-Ter- rain Litter Vacuum from Texas Pack + Loader Sales Inc, through Sourcewell Purchasing Contract(093021-EXP). Council Member Mike Lester pulled Item 6.e. to commend the Parks and Recreation Department for keeping the median and the pathways clean throughout the city. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Laura Alvarado to approve Items 6.e. 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. 15,754 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY- THREE THOUSAND FIVE AND NO/100 DOLLARS ($93,005.00) TO TEXAS PACK + LOAD/MADVAC, THROUGH THE PURCHASING COOPERATIVE SOURCEWELL, CONTRACT #093021-EXP, FOR THE PURCHASE OF MADVAC LR50 ALL-TERRAIN LITTER VAC- UUM FOR THE PARKS AND RECREATION DEPARTMENT; MAK- ING OTHER PROVISIONS RELATED THERETO; AND PROVIDING City Council Regular Meeting Minutes March 14,2024 Page 7 of 17 FOR THE EFFECTIVE DATE THEREOF. f. Consider a resolution approving the City of Baytown Investment Policy in accordance with the Public Funds Investment Act, Section 2256.005 (e). RESOLUTION NO. 2890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVEST- MENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a Standard Utility Agreement between the City of Baytown and Southwestern Bell Telephone Company,dba AT&T Texas,for the Garth Road Widening Project Phases A&B. ORDINANCE NO. 15,751 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXE- CUTE A STANDARD UTILITY AGREEMENT ACTUAL COST—CITY WITH SOUTHWESTERN BELL TELEPHONE COMPANY, DBA AT&T TEXAS FOR THE GARTH ROAD WIDENING PROJECT PHASES A AND B; AUTHORIZING PAYMENT OF FIVE HUNDRED SIX THOUSAND TWENTY-SEVEN AND 58/100 DOLLARS ($506,027.58); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the Local On-System Improvement Project Agreement with the Texas Department of Transportation for the IH-10 at Sjolander Road Project. ORDINANCE NO. 15,752 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXE- CUTE AN AGREEMENT FOR A LOCAL ON-SYSTEM IMPROVEMENT PROJECT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR IH-10 AT THE SJOLANDER ROAD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing Change Order No. 1 for the Annual Sanitary Sewer Rehabilitation Project with Texas Pride Utilities, LLC. City Council Regular Meeting Minutes March 14,2024 Page 8of17 ORDINANCE NO. 15,753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO THE ANNUAL SANITARY SEWER REHABILITATION PROJECT WITH TEXAS PRIDE UTILITIES, LLC IN AN AMOUNT NOT TO EXCEED TWO-HUNDRED THOUSAND DOLLARS ($200,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider a resolution authorizing five(5) appointments to the Baytown Municipal Devel- opment District. City Clerk Angela Jackson advised Council the appointment is for the City Clerk, Non Member/City Staff,Director Brandon Capetillo,Mayor;Director Laura Alvarado,District 1;Director Sarah Graham, District 2; and Director Kenrick Griffith, District 3. A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Laura Al- varado to appoint the slate of officer's presented by the City Clerk to the Baytown Municipal Devel- opment District. 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. 2891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS, APPOINTING THE CITY CLERK,BRANDON CAPE- TILLO, LAURA ALVARADO, SARAH GRAHAM AND KENRICK GRIFFITH TO THE BAYTOWN MUNICIPAL DEVELOPMENT DIS- TRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing six(6) appointments to the Baytown Hospitality Public Facilities Corporation. City Clerk Angela Jackson advised Council the appointment is for the City Manager, Non Member/ City Staff; City Clerk, Non Member/City Staff, Director Brandon Capetillo, Mayor; Director Laura Alvarado, District 1; Director Sarah Graham, District 2; and Director Kenrick Griffith, District 3. City Council Regular Meeting Minutes March 14,2024 Page 9 of 17 A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Laura Al- varado to appoint the slate of officer's presented by the City Clerk to the Baytown Hospitality Public Facilities Corporation. 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. 2892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING THE CITY MANAGER, THE CITY CLERK, BRANDON CAPETILLO, LAURA ALVARADO, SARAH GRAHAM AND KENRICK GIRFFITH TO THE BAYTOWN HOSPI- TALITY PUBLIC FACILITIES CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider a resolution authorizing six (6) appointments to the Planning and Zoning Com- mission. The nominations to the Planning and Zoning Commission were as follows: • District 1 At-Large: Council Member Alvarado reappointed Augustin Loredo • District 2 At-Large: Council Member Graham nominated Kim Kosteck • District 3 At-Large: Council Member Griffith reappointed Tracy Wheeler • District 5 At-Large: Council Member Powell reappointed Fedrick Harlow • Mayor At-Large: Mayor Capetillo reappointed Tammy Scott • District 6 At-Large: Received no nominations due to no applications A motion i was made byCouncil Member Sarah Graham and seconded by Council Member Kenrick Griffith to appoint the slate of officer's as presented to the Planning and Zoning Commission. 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 14,2024 Page 10 of 17 RESOLUTION NO. 2893 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING AGUSTIN LAREDO, KUMBERLI KOSTECK, TRACEY WHEELER, FREDERICK HARLOW AND TAMMI SCOTT TO THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution authorizing four (4) appointments to the Baytown Crime Control and Prevention District. The nominations to the Baytown Crime Control and Prevention District were as follows: • Non Member: Angela Jackson • District 4 At-Large: Council Member Franco reappointed Nicholas Rice • District 6 At-Large: Council Member Lester reappointed James Coker • Mayor At-Large: Mayor Capetillo reappointed Lloyd Herrera A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to appoint the slate of officer's as presented to the Baytown Crime Control and Prevention District. 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. 2894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING THE CITY CLERK, NICHOLAS RICE, JAMES COKER AND LLOYD J. HERRERA TO THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider a resolution authorizing five (5) appointments to the Fire Control, Prevention & EMS District. The nominations to the Fire Control, Prevention & EMS District were as follows: City Council Regular Meeting Minutes March 14,2024 Page 11 of 17 • Non-Member: Angela Jackson • District 1 At-Large: Received no nominations due to no applications • District 3 At-Large: Council Member Griffith reappointed Preet Singh • District 4 At-Large: Received no nominations due to no applications • District 6 At-Large: Received no nominations due to no applications A motion was made by Council Member Kenrick Griffith and seconded by Mayor Pro Tern Laura Alvarado to appoint the slate of officer's as presented to the Fire Control, Prevention& EMS District. 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. 2895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING THE CITY CLERK AND PREET SINGH TO THE FIRE CONTROL PREVENTION & EMS DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider a resolution authorizing four (4) appointments to the Baytown Police Advisory Committee. The nominations to the Baytown Police Advisory Committee were as follows: • Mayor At-Large: Mayor Capetillo reappointed Michael Springer • District 1 At-Large: Council Member Alvarado nominated Erik Rodriguez • District 3 At-Large Council Member Griffith nominated Marshall Land • District 6 At-Large: Received no nominations due to no applications A motion was made by Council Member Kenrick Griffith and seconded by Mayor Pro Tern Laura Alvarado to appoint the slate of officer's as presented to Baytown Police Advisory Committee. 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 City Council Regular Meeting Minutes March 14,2024 Page 12 of 17 Approved RESOLUTION NO. 2896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING MICHAEL SPRINGER, ERIK RODRI- GUEZ AND MARSHALL LAND TO THE BAYTOWN POLICE ADVISORY COMITTEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution authorizing four(4) appointments to the Baytown Area Water Au- thority. The nominations to the Baytown Area Water Authority were as follows: • Non-Member: Angela Jackson • At-Large: Council Member Griffith reappointed Frank McKay • ETJ: Council Member Powell reappointed Jimmy Smith • At-Large: Council Member Powell nominated David Start A motion was made by Council Member Sarah Graham and seconded by Council Member Jacob Pow- ell to appoint the slate of officer's as presented to Baytown Area Water 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. 2897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,APPOINTING FOUR(4)BOARD MEMBERS TO THE BAYTOWN AREA WATER AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution authorizing seven (7) appointments to the Economic Development Advisory Committee. A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Laura Al- varado to suspend Item 7.h for 60 days for appointments to the Economic Development Advisory Com- mittee. The vote was as follows: City Council Regular Meeting Minutes March 14,2024 Page 13 of 17 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 i. Consider a resolution authorizing three (3) appointments to the Animal Control Advisory Committee. The nominations to the Animal Control Advisory Committee were as follows: • Interested Citizen: Council Member Lester nominated Alberto Contreras • Animal Welfare Organization: Council Member Graham nominated Toni Graham • Interested Citizen: Council Member Alvarado nominated Ellen Hollaway A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member Sarah Gra- ham to appoint the slate of officer's as presented to the Animal Control 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. 2898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING ELLEN HOLLAWAY, ALBERTO COTNRERAS AND TONI GRAHAM TO THE ANIMAL CONTROL ADVISORY COMMITTEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. MANAGER'S REPORT City Manager Jason Reynolds recognized Parks and Recreation employees Minh Kotlarz, Hunter Slovacek, Josh Wilson and Leonard Graham who attended the annual TRAPS conference last month and won several awards.Josh Wilson won first place in the backhoe division.Minh Kotlarz won second place in the nail driving division. Overall,the Parks and Recreation Team received second place in the state out of 50 other teams. Mr. Reynolds recognized Emilio Levario for receiving his Professional Community and Economic Development certification. Lastly, Mr. Reynolds recognized the Fire De- partment for sending Baytown's firefighters to the Panhandle to help with putting out the wildfires. City Council Regular Meeting Minutes March 14,2024 Page 14 of 17 Mr.Reynolds commented,"On the annexation,Mayor,Council, I do want to address quite a few things, and one,just the timeline in general. We have received a lot of emails, a lot of comments about some of the articles and stories that have been put into the Baytown Sun or just put out on our press or press releases that we're putting out. What I keep hearing or the emails that we keep getting is, circling the wagons, or not show what they've done wrong. Well, the fact of the matter is, is that through the re- search that we've seen in past instances,because this is not something that just popped up in 2024. The opinions through the legal office show that the city met the obligations that were adopted in 2017, at the time of the annexation. It didn't happen in 2017, but the legal opinion is that the city met the obli- gations for the residents and commercial businesses that were annexed in 2017. Period. From there,the Council has made it clear to staff that you would like more information on this. That you would also like to understand what it means to disannex properties from the city and what it looks like if a citizen were to request to be disannexed. So, as the team started to look into this, it opens up a large Pandora's box, and so we narrow that down to just 2017. We do have the residents that have come to talk to us to ask us, hey, at least let us have our time with council to-to talk through this process and understand if we can or cannot do this. So, we narrowed it down to 2017. In that 2017, what the number is reported to me is that we have 129 parcels that were annexed at that time period. So, we have to start asking ourselves a whole bunch of pieces that go with that. That's 129 parcels. What happens? What doesn't happen?What is the process? Is it just as easy as coming and signing a paper?Can the city even do this if it wanted to? What does that open up if it does, or if we do? So, what I want to go through is the timeline at this point. While the city feels that the obligation has been met, that was adopted in 2017 with the ordinances that says we will do X, Y, and Z, Legal feels that that is met. At the same time, Staff and the Legal Department want to further look at what everything, that the state says with the annexation. I will tell you right now. The state's ordinances around this are clear as mud. I mean, they are horrible. They are ambiguous from one side to the other side. The complicating factors are to meet the obligation, it has to have similar services provided. Well, the similar services provided to that area when it was annexed was a very rural area, and you compare that to other rural areas in the city, such as the ones on Tri City Beach Road, that don't have services at the same elevation, that are also in the city and annexed well, many years ago. So, if you equate that to similar services for other areas of the city that are in similar circumstances, that is a similar area. The money was put in to address what was necessary at the time, and it met the legal requirements for the annexation. We still want to review that. We still want to go through the process, look at the documents,make sure that we can say with a good heart and present it to council that after looking at all this,we feel that we can make a good recommen- dation to the City Council. That will take up to four months in and of itself,just looking at the research. The Legal Department has two other attorneys,that's it. We have three total Attorneys that are working on research in the City and one Prosecutor. The rest of the City is still operating at the same time. They need the time as well to go through the process unless we want to spend hundreds of thousands of dollars with an attorney to do the research for us for about three to four months. While we are doing that, staff wants to know what the Pandora's box is. What does it mean if a city starts allowing homes to disannex? Can you just limit it to those homes that were disannexed or that were annexed in 2017, or do you open it up to the entire city once you make that process known? What are the repercussions to that? What happens to these water and sewer lines that were put in place over there? How are you responding with the sheriffs office? Is the county ready for taking on more responsibility when they weren't involved in the process of putting somebody back into that? The list goes on and on and on. That too will take about four months of research. Yes, it will run in parallel with the Legal Department running through their pieces. Once all that data is collected, we will start bringing that to the City Council to have Work Sessions to work through a few pieces. I will tell you that it will probably still City Council Regular Meeting Minutes March 14,2024 Page 15 of 17 take three to four months for the city council to have those work sessions.You only meet twice a month. You will start having special meetings during this same time period right now because the budget pro- cess is going on.You do not want to convolute a serious annexation conversation along with the budget process. On top of this, the Council will also be working on water and sewer rates, because that is something else that council asked for the staff to bring back. So,you have three very serious conversa- tions going on simultaneously, and the appropriate time needs to be allocated so that council does not have three overwhelming projects that you have to make decisions on and feel rushed while you're making those decisions. So,that again, will probably take three months. You are at seven months right there and that's if everything just works perfectly, flawlessly without any hiccups. We don't have a hurricane or anything else that pops up in the summertime. Once the Council is able to get an ordinance, you will need about a month,to a month and a half for the legal team to write an appropriate ordinance. At that point, Council still has not officially seen the ordinance. So, Council will need at least two meetings at a very minimum, to go through a new ordinance, which is another month. So, right now we're at nine-and-a-half months just on those calculations. We are trying to be as responsible as we can with such a serious possible ordinance change and bringing all the data that's necessary for the City Council. So, yes, more of this will be put out when we have everything ready to go. Again,this is just from the conversations I've been having, and this is from memory right now to try to put out for the City Council. We will follow up with a formal piece for the city council and for the residents as this goes forward, but it is something that we are looking at and working on." 9. COUNCIL MEMBER DISTRICT REPORT a.Receive a report from Council Member Jacob Powell regarding projects, programs and events in District No. 5. Council Member Powell reported the following activities: Parks & Recreation • Staff has recently added the long awaited 911 markers / locations along the trails at Jen- kins/Hollaway Park. o These markers were revisited after concerns that a guest would have to download the"What 3 Words"app to provide a location. o Now, if a park guest were to fall or have another emergency while using the trail system, they could call 911, and simply read the 3 words located on each sign. o While those words may not"make sense"to an individual, it will allow dispatch to locate the injured guest within a few feet which will provide a better location to dispatch help. • A shade structure is set to be installed over the basketball court at Barkuloo Park beginning next week. o The structure will be similar to other parks such as Bergeron, Unidad, and Alleen- brook Park Planning& Development Services • 3200 N Main St—Public Safety Building o City of Baytown Project o Under inspection City Council Regular Meeting Minutes March 14,2024 Page 16 of 17 • 8539 N SH 146—Chambers Commons Apartments o 347 Apartment units o Not yet started, pending corrections to plans before permit issuance. • 9001 E IH 10—Gas Station & Car Wash o Located at the corner of Sjolander and I-10 o Pending corrections to plans before permit issuance • 8319 N SH 146—Valvoline Oil Change o Just started inspections for foundation. • 8313 N SH 146—Dutch Bros Coffee o Under inspection o Estimated to be completed within 2 months. • Land Use Study and Possible City-Sponsored Rezone o This is for 13 acres along Massey Tompkins,just East of Crosby Cedar Bayou Rd. • Rezone request for 7 acres on the West Side of Crosby Cedar Bayou Rd o This area is just north of Massey Tompkins o Rezone would be from Single Family Estate to SF2 o This would allow for a small Single-Family subdivision o Going to P&Z on March 19. • Rezone request for 3 acres on the East Side of Crosby Cedar Bayou Rd o This area is north of Massey Tompkins and South of Barkuloo Rd from OR to SF2 o This would to allow for expansion of an existing Single-Family home o Going to P&Z on March 19 Public Works & Engineering • Savell Drive Project- Project is complete aside from streetlighting o CenterPoint is behind schedule by more than 2 months • Staff continues to contact them weekly for updates. o Project close-out process is underway • Estimated to go to City Council for close-out and release of final payment in April • Chambers Commons Lift Station—60% complete o Work continues on the driveway and wet-well o Delivery time for the generator is now set for the Fall of 2024 • This delay will unfortunately extend the duration of the project. • Generator lead times have consistently been longer than expected for the past 3 years • Concrete street panel replacement improvements at Tejas and Chickasaw • Tree trimming is planned for several areas within District 5 o Ellen St. City Council Regular Meeting Minutes March 14,2024 Page 17 of 17 o Cherokee St. o Tejas St. o Chickasaw St. o Caddo St. o Shoshoni St. • Traffic Signs—Replacement signs have been fabricated and installed at various lo- cations in the area • Pavement Markings—Refreshing Stop Bars in the area is ongoing • Traffic Signals—Preventive Maintenance has been completed for signals in the area 10. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code Sections 551.071, 551.072, 551.074 and 551.087 to seek the advice of the City's attorneys; deliberate the pur- chase,exchange, lease,or value of real property;discuss personnel matters; and/or deliberate regarding economic development negotiations. At 7:32 P.M., Mayor Capetillo recessed and convened into an Executive Session pursuant to: 1). Recess into and conduct an Executive Session pursuant to Section(s) 551.071, 551.072, 551.074 and 551.087 to seek the advice of the City's attorneys; deliberate the purchase, exchange, lease, or value of real property; discuss personnel matters; and/or deliberate regarding economic development negotiations. At 8:59 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. 11. ADJOURN With there being no further business to discuss,Mayor Capetillo adjourned the March 14,2024 Regular City Council Meeting at 8:59 P.M. ;r'r i4; �.!rj,N. i�c. `i s f,+\ 6P r; Angela Jac n, City Clerk ' .e„d City of Baytown m==�:�A" \ +a iy7 First Quarter Financial Report Q1 2024 City of Baytown - Period Ending December 31, 202 QUARTER IN REVIEW Beginning Ending © General Fund Budget Received Fund Fund Balance/ f Revenue — Expenses = Fund Balance/ $134,091,604/$82,244,042 Working Capital Working Capital 61% GeneralFB $ 29,476,819 82,244,042 38,722,771 $ 72,998,091 General Fund Budget Spent gal:14 $136,077,929/$38,722,771 Hotel/Motel Occupancy TaxFB $ 3,534,871 71,901 839,444 $ 2,767,328 28% Water& Sewerwc $ 10,870,373 14,877,151 15,371,545 $ 10,375,979 FYTD Property Tax Collections Sanitationwc $ 4,778,833 1,767,941 7,095,394 $ (548,620) ' Storm Waterwc $ (1,978,205) 1,050,321 1,357,953 $ (2,285,837) 1111 ■Total ■I&S 24,675,617 M. Aquaticswc $ (785,181) 116,373 314,292 $ (983,101) ■M&O 9,457,564 StreetsFB $ 8,895,453 523,197 2,492,878 $ 6,925,772 FY23 FY24 Budgeted FY24 Levy Sales Tax Receipts(Cash Basis) I 2,300 — -- Investments (Book Value) 2,000 -- - Security Type Balance Earnings 1,700 --il_ill__I — Agency $ 4,982,659 $ 63,705 1,400 - -- •• DEBT Agency Call 27,994,986 300,644 1,100 — Unspent Bond Commercial Paper 19,756,913 277,160 ~ 800 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Proceeds Texpool/TexSTAR 170,121,139 2,178,169 •FY23 1,720 1,859 1,771 1,721 2,276 1,513 1,681 2,214 1,603 1,806 2,188 1,778 $56,127,866 US Govt 4,951,417 157,576 ■FY24 1.772 1,617 1,714 Total $ 227,807,113 $ 2,977,254 ■FY23 ■FY24 1