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2024 02 22 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 22, 2024 The City Council of the City of Baytown, Texas,met in a Regular Meeting on Thursday, January 22, 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 Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Brandon Capetillo convened the February 22, 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 Franco. 1. CITIZEN COMMENTS Mayor Capetillo announced citizens signed up to speak. a. Linda Miks,6427 Crosby Cedar Bayou Rd.,commented,"I'm going to address some in the past. It says,I and many of other residents addressed the city council for the first time in September 2017, again in October and November, asking not to be annexed. All of these pleas fell upon deaf ears. Three months later, five different areas were annexed, mine included, against residents wishes. I read a statement from the Baytown Sun dated November 27th, 2017. This is a statement from the Mayor,then Stephen Don Carlos,stating that a new state law will go in effect concerning annexations. Senate Bill 6 requiring citizens vote for approval on annexation. He stated the law was changing and they needed to do 30 years of planning in a very short time. Did the City even have the funds to back up these 30 years?Much less the annexations given us full services. So far, we've received none, and it's six and a half years since. In my opinion, this was no better than lying, cheating, and stealing. The way we were annexed was wrong on so many levels. I am ad- dressing the council for the third time this year, asking to be de-annexed. This Council has the right to make it right. They have the power to take the wrong away. That's all." City Council Regular Meeting Minutes February 22,2024 Page 2 of 18 b. Kathy Vanderbeek,4403 Crosby Cedar Bayou Road, commented, "We are coming before you tonight to continue to ask to be de-annexed. We're not going anywhere. It was unfair how quickly we were rushed through. We bought our home knowing that we were not within the city limits. And since being annexed, why are some people that were annexed at the same time not paying city taxes? I'm referring to an account number, 0591500200188. They have not paid one penny of city taxes since we were annexed, and they are and was included in that annexation. We will be here every time you have a City Council meeting because we want this rectified. We don't want to be in the city. Thank you." c. James Kaminski,623 Lauren Lane,commented,"Back in September and October of 2017, I spoke regarding the annexation. I brought up the cost of what it would take for me to tie in, at that time,it was approximately$50,000 for running water and sewer,the$5,200 tie-in meter. Now I got estimates from a plumbing company for these. I haven't gotten a recent one, but I would imagine they've gone up just like everything else to be closer to $80,000 or $90,000. I don't see how it would be right for that cost to be burdened to me when there's not even lines up there.We're far, everyone from Cedar Bayou Lynchburg to Blue Heron is far enough off the road, that the ordinance wouldn't make us tie in. We're further than 100 feet off the road. So, save the city some money. Don't put it in there. Save me money because I will never get that money back if I ever try to sell my house, that's just money I'll sink in now that I didn't have to before. I'm self-sufficient with a well and septic. I don't need those services. Thank you." d. Joe McCall, 4622 N. Highway 146, commented, "It was in a storm freeze in 2021. Two years the limitation is gone. I'm not involved with any lawyers or any insurance companies. The City of Baytown denied me my permits for electrical plumbing. I am homestead, and I wish to get all of my permits so I can proceed with the repairs or remodeling of my home. It's been from 1- 26-2024 to now. I had one response today, and I set up a meeting for Tuesday at 2:00 p.m. in their office for the permits to see why they denied me. I would like a recall back from City Council for me to figure out what's my next step if they don't give me my permits." Mayor Capetillo thanked the citizens for expressing their concerns and asked the City Manager to place an item on a future agenda pertaining to annexation. 2. MINUTES a. Consider approving the minutes of the City Council Retreat held on January 19,2024. b. Consider approving the minutes of the City Council Retreat held on January 20,2024. A motion was made by Council Member Sarah Graham and seconded by Mayor Pro Tern Laura Alvarado to approve the minutes of the City Council Retreat held on January 19 and 20, 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 City Council Regular Meeting Minutes February 22,2024 Page 3 of 18 Nays: None 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 February. 25 YEARS Steve Doris, Police,Police Lieutenant 4. REHABILITATION OF VILLAGE OF BAYTOWN APARTMENTS a. Conduct a public hearing concerning the rehabilitation by Paths Development, LLC of Village at Baytown Apartments, an approximately 210-unit affordable rental housing complex,located at 4601 Village Lane,Baytown, Harris County,Texas. At 6:45 P.M., Mayor Capetillo opened the public hearing regarding the rehabilitation by Paths Development, LLC of Village at Baytown Apartments, an approximately 210-unit affordable rental housing complex, located at 4601 Village Lane, Baytown, Harris County, Texas. Planning and Development Services Assistant Director Ryan Hvitlok the subject matter of the hearing. At 6:46 P.M.,Mayor Capetillo closed public hearing for the rehabilitation by Paths Development, LLC of Village at Baytown Apartments to which no citizens signed up to speak. b. Consider a resolution registering no objection to Paths Development,LLC to apply for the 4% Low Income Housing Tax Credit(LIHTC) through the Texas Department of Hous- ing and Community Affairs (TDHCA) to rehabilitate Village at Baytown Apartments. Mayor Capetillo commented,"I'm very happy to see this.This particular complex is sorely in need of improvement. This finance mechanism is certainly something that we are not objecting to, to the quality of life and certainly the building itself and the facility. So, I do appreciate that." A motion was made by Council Member Kenneth Griffith and seconded by Mayor Pro Tem Laura Alvarado to approve Resolution No. 2887,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 City Council Regular Meeting Minutes February 22,2024 Page 4 of 18 Approved RESOLUTION NO. 2887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AFFIRMING THAT THE CITY OF BAYTOWN HAS NO OBJECTION TO PATHS DEVELOPMENT, LLC'S PROPOSED AC- QUISITION AND REHABILITATION OF THE VILLAGE AT BAY- TOWN APARTMENTS AND POSSIBLE ALLOCATION OF 4% LOW INCOME HOUSING TAX CREDIT FOR THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider the second and fmal reading of an ordinance for the proposed annexation of approximately 54.589 acre tract of land out of Restricted Reserve"A"Blk 1 of the Replat of Restricted Reserve "A" of Cedar Crossing Phase II Subdivision, herein described tract being out of the residue of that called 102.12 acre tract, save and except a 14.229 acre tract conveyed to Cedar Crossing,situated in the John Steele Survey,Abstract No.227,Chambers County, Texas, and all property situated in Industrial District No. 3 required for the described annexation. Planning and Development Services Assistant Director Ryan Hvitlok advised Council this is be- fore you this evening because of an expiration of an IDA with the property owner. They have not secured a renewal and moving forward with the second and final reading. Mayor Capetillo acknowledged that Item 5.a was received and read for its second and final reading. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE ANNEXATION OF APPROXIMATELY A 54.589 ACRE TRACT OF LAND OUT OF RESTRICTED RESERVE "A" BLK 1 OF THE RE- PLAT OF RESTRICTED RESERVE "A" OF CEDAR CROSSING PHASE II SUBDIVISION, RECORDED AT CLERK'S FILE NO. 54106 OF THE CHAMBERS COUNTY MAP RECORDS (C.C.M.M.R), HEREIN DESCRIBED TRACT BEING OUT OF THE RESIDUE OF THAT CALLED 102.12 ACRE TRACT, SAVE AND EXCEPT A 14.229 ACRE TRACT CONVEYED TO CEDAR CROSSING, LP & CHARLES S. IUPE, JR. BY GENERAL WARRANTY DEED RECORDED UNDER OFFICIAL PUBLIC RECORDS CHAMBERS COUNTY TX (O/P.R.C.C.T) VOLUME 08-1083, PAGE 204, DATED OCTOBER 20, 2009, SUBJECT TRACT BEING SITUATED IN THE JOHN STEELE SURVEY, ABSTRACT NO. 227, CHAMBERS COUNTY, TX, ALL PROPERTY SITUATED IN INDUSTRIAL DISTRICT NO. 3. City Council Regular Meeting Minutes February 22,2024 Page 5 of 18 b. Consider an ordinance adding the newly annexed property generally described as approximately 54.589 acre tract of land out of Restricted Reserve"A"Blk 1 of the Replat of Restricted Reserve "A" of Cedar Crossing Phase II Subdivision, herein described tract being out of the residue of that called 102.12 acre tract, save and except a 14.229 acre tract conveyed to Cedar Crossing,situated in the John Steele Survey,Abstract No.227,Chambers County, Texas, and all property situated in Industrial District No. 3 required for the described annexation into Council District No.6. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to open Item 5.b. for discussion. City Manager Jason Reynolds commented, "This has been an ongoing issue for months at this point that we've been trying to work with the property owners.We are also working with Cedarport.Overall,we are going to recommend that we move forward with the annexation this evening. With that said, it is not completely final until the Mayor and I sign the documents.We'll continue to work with both parties at this point. If we move forward with annexations,the document does not have to be signed at this point in time and it gives us a day or two to continue to work with Cedarport and the property owner, Texas Properties LLC.Instead of trying to rush through an IDA,this is a safeguard for the city at this point to move forward with the annexation. It is not the path that we wanted to go with by any stretch of the imagination. It's just going to need more time. We are at a time crunch where the city has to take action. So, I will recommend to council that we move forward with this annexation,which is not anything that has been really discussed. We were always very optimistic that we were going to take care of the IDA before it got to this meeting tonight.And unfortunately,this is where we are at today". A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to approve Ordinance No. 15,721,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. 15,721 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 54.589 ACRES OF LAND LOCATED IN RESTRICTED RESERVE "A" BLK 1 OF THE REPLAT OF RESTRICTED RESERVE "A" OF CEDAR CROSSING PHASE II SUBDIVISION, HEREIN DESCRIBED TRACT BEING OUT OF THE RESIDUE OF THAT CALLED 102.12 ACRE TRACT, SAVE AND EXCEPT A 14.229 ACRE TRACT CONVEYED TO CEDAR CROSSING, SITUATED IN THE JOHN STEELE SURVEY, ABSTRACT NO. 227, CHAMBERS COUNTY, TEXAS, TO COUNCIL DISTRICT NO 6; REPEALING ORDINANCES INCONSISTENT L City Council Regular Meeting Minutes February 22,2024 Page 6 of 18 HEREWITH;CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Consider an ordinance extending the time for which the San Jacinto Cottage Planned Unit Development(PUD)is valid. Planning and Development Services Assistant Director Ryan Hvitlok advised Council the REME Financial,LLC is requesting a 12-month extension to their detailed plan for the San Jacinto Cottage Plan Unit Development. Phillip Carey representative of the San Jacinto Cottage Planned Unit Development commented, "Just that since over the last few months we've actually submitted all of our civil designs so we're very well into the process and have proceeded with moving forward with this thing. We're waiting to pull permits, property taxes, all that are current. So, we're continuing to spend money on this site to get it rocking and rolling". Mayor Capetillo asked, "Is there a timeframe when you expect to pull the permits?" Mr.Carey responded,"So permits are essentially ready to be pulled with exception just to a couple minor issues but our vertical is getting figured out. We've actually brought in a group, BLG and Rocky Lai who did self-wins here with you guys and they're going to be a pretty important part of this piece moving forward. So, I'm hoping, I'd like to say maybe in the second quarter to fourth quarter,but I think sometime in 2024 there's going to be some dirt moving out there." A motion wasmade byCouncil Member Kenrick Griffith and seconded byMayor Pro Tem Laura oho Y Alvarado to approve Ordinance No. 15,722, 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 Nays: None Approved ORDINANCE NO. 15,722 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXTENDING THE DETAIL PLAN OF THE SAN JACINTO COTTAGES PLANNED UNIT DEVELOPMENT DISTRICT; MAKING FINDINGS;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing an Industrial District Agreement with Texas Properties,LLC. L • City Council Regular Meeting Minutes February 22,2024 Page 7 of 18 Mayor Capetillo acknowledged there will be no action taken on this item. 6. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the publication of the Notice of Intention to issue Certificates of Obligation; approving the preparation of one or more preliminary official statements; and providing for the effective date thereof. Finance Director Teresa McKenzie reminded Council of the previous discussions of the proposed debt for FY 24 for the Capital Improvement Projects. This Notice of Intention is a Certificate of Obligation with several fund components to include the General Fund CIP of 15 million, Storm Water Fund of 16.8 million, TIRZ Fund of 7.5 million, and Water and Sewer CIP Fund of 19.9 million. Although the entire seal is secured by ad valorem tax, the intent for the other debt other than general fund will be paid by the revenue source indicated as long as that revenue is generated. Combining the seal simply saves the city on their bond issuance costs and this bond issuance is not to exceed$60 million. The proposed debt was presented to the finance committee on February 8th. Staff recommends approval. Council Member Powell commented, "On behalf of the finance committee, we reviewed each of the funding or the revenue sources for this.The staff did a great job of answering all our questions as far as what revenue was available that could support this amount of debt and from what we have available,the budget can support this amount of debt for the years to come." Council Member Powell commented,"I know I said as finance we looked at can the budget support this but for me personally, I think it's another question of or it can should it support that? I know I've stated before that I don't like to see non-emergency debt issued. I just think some of the items on this list,we don't need to issue debt for them. I think we could do a better job of tightening our belts through the budget process and I think there's some of these items that just taking out debt is unnecessary. So, I'm opposed to it for that reason." Mayor Pro Tem Alvarado commented, "I'm speaking from both committees since I was a part of both of them and I think what's important to note as well is that we are receiving funds from other entities precinct too, for some of these projects under storm water utilities. That was one of the decision factors that we made in terms of keeping some of those projects because we definitely never want to turn away money from other entities to be able to complete a project." A motion was made by Mayor Pro Tem Laura Alvarado and seconded by Council Member Kenrick Griffith to approve Resolution No. 2888,related to Item 6.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, and Council Member Mike Lester Nays: Council Member James Franco and Jacob Powell Approved City Council Regular Meeting Minutes February 22,2024 Page 8of18 RESOLUTION NO. 2888 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF IN- TENTION TO ISSUE CERTIFICATES OF OBLIGATION;APPROVING THE PREPARATION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution approving the issuance of bonds by the Baytown Area Water Authority. Finance Director Teresa McKenzie advised Council that this resolution approves the issuance of proposed debt for borehole in the amount of$23.5 million. This debt will be paid by the revenue that borehole generates and it is for the well-water rehabilitation and the east surface water plant phase 2 expansion.This was also presented to the Finance Committee on the 8th,staff recommends approval. A motion was made by Council Member Mayor Pro Tern Laura Alvarado and seconded by Council Member Sarah Graham approve Resolution No. 2889,related to Item 6.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 RESOLUTION NO. 2889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE ISSUANCE OF BONDS BY THE BAYTOWN AREA WATER AUTHORITY; AND MATTERS RE- LATED THERETO. 7. REPORTS a. Calendar Year 2023 Racial Profiling Analysis and Report. Police Chief John Stringer presented the 2023 Racial Profiling Analysis and Report(Exhibit B) 8. CONSENT A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member James Franco to approve Consent Agenda Items 8.e.through 8.b.b.,with the exception of Items City Council Regular Meeting Minutes February 22,2024 Page 9 of 18 8.a, 8.b, 8.c. and 8.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 a. Consider an ordinance amending Chapter 94"Traffic and Vehicles"Article IV"Spe- cific Street Regulations,"Section 94-121 "Schedules enumerated"of the Code of Ordinances, to authorize the installation of stop control modifications at the intersection of Crystal Boule- vard and Bienville Avenue. Item 8.a. was pulled with no vote. b. Consider an ordinance amending Chapter 94 "Traffic and Vehicles" Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of Ordi- nances, to authorize the installation of stop control modifications at the intersection of Lynnwood Drive and Brooks Crossing Drive. Item 8.b. was pulled with no vote. c. Consider an ordinance amending Chapter 94 "Traffic and Vehicles" Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of Ordi- nances, to authorize the installation of stop control modifications at the intersection of Wil- liams Avenue and North Jones Street. Item 8.c. was pulled with no vote. d. Consider an ordinance amending Chapter 94 "Traffic and Vehicles" Article IV "Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of Ordi- nances,to authorize the installation of stop control modifications on Mississippi Street, Flor- ida Street, New Mexico Street and Washington Street. Item 8.d. was pulled with no vote. e. Consider an ordinance authorizing a lease agreement with ESV Properties LP.,for office space related to the City of Baytown Employee Wellness Center. ORDINANCE NO. 15,723 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXE- CUTE AND THE CITY CLERK TO ATTEST TO A LEASE City Council Regular Meeting Minutes February 22,2024 Page 10 of 18 AGREEMENT WITH ESV PROPERTIES, LP, FOR OFFICE SPACE FOR THE CITY OF BAYTOWN EMPLOYEE WELLNESS CLINIC; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED FORTY-SIX THOUSAND SEVENTY-SEVEN AND 60/100 DOLLARS ($46,077.60); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing purchase of construction services for facility and Americans with Disabilities Act (ADA) repairs from Buyboard Cooperative Purchase Pro- gram contractors: Nash Industries, Inc., Jamail and Smith Construction, LP., and Brown and Root Industrial Services. ORDINANCE NO. 15,724 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF ONE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,250,000.00) TO NASH INDUSTRIES, INC.; JAMAIL & SMITH CONSTRUCTION, LP; AND BROWN & ROOT INDUSTRIAL SERVICES, LLC, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PUR- CHASE OF CONSTRUCTION SERVICES FOR FACILITY AND AMERICANS WITH DISABILITIES ACT (ADA) REPAIRS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance approving the bid award for the Annual Liquid Zinc Sodium Polyphosphate Contract to Shannon Chemical Corporation. ORDINANCE NO. 15,725 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,APPROVING THE ANNUAL LIQUID ZINC SODIUM POLYPHOSPHATE CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SHANNON CHEMICAL CORPORATION; AUTHORIZING PAYMENT TO SHANNON CHEMICAL CORPORA- TION IN AN AMOUNT NOT TO EXCEED THREE-HUNDRED,FIFTY- SIX THOUSAND, SEVEN-HUNDRED, EIGHTY-SEVEN AND 70/100 DOLLARS ($356,787.70); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance approving the bid award for the Annual Liquid Hydrofluoro- silicic Contract to Univar Solutions USA,Inc. ORDINANCE NO. 15,726 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- City Council Regular Meeting Minutes February 22,2024 Page 11 of 18 TOWN, TEXAS, APPROVING THE ANNUAL LIQUID HYDRO- FLUOROSILICIC CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND UNIVAR SOLUTIONS USA, INC.; AU- THORIZING PAYMENT TO UNIVAR,INC. IN AN AMOUNT NOT TO EXCEED SEVENTY-TWO THOUSAND, SIX-HUNDRED AND 00/100 DOLLARS ($72,600.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving the bid award for the Annual Liquid Ferric Chlo- ride 40% Contract to PVS Technologies, Inc. ORDINANCE NO. 15,727 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,APPROVING THE ANNUAL LIQUID FERRIC CHLO- RIDE(40%)CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PVS TECHNOLOGIES, INC.; AUTHORIZING PAYMENT TO PVS TECHNOLOGIES,INC. IN AN AMOUNT NOT TO EXCEED ONE-MILLION, FIVE-HUNDRED, TWELVE THOUSAND AND 00/100 DOLLARS ($1,512,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance approving the bid award for the Annual Liquid Chlorine Con- tract to DXI Industries, Inc. ORDINANCE NO. 15,728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE ANNUAL LIQUID CHLORINE CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHOR- ITY AND DXI INDUSTRIES, INC.; AUTHORIZING PAYMENT TO DXI INDUSTRIES, INC. IN AN AMOUNT NOT TO EXCEED FOUR- HUNDRED, THIRTY-EIGHT THOUSAND, SIX-HUNDRED AND 00/100 DOLLARS ($438,600.00); AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. k. Consider an ordinance approving the bid award for the Annual Liquid Sodium Hy- pochlorite Contract to DXI Industries, Inc. ORDINANCE NO. 15,729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE ANNUAL LIQUID SODIUM HY- POCHLORITE CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND DXI INDUSTRIES, INC.;AUTHORIZING PAYMENT TO DXI INDUSTRIES,INC. IN AN AMOUNT NOT TO EX- CEED ONE-HUNDRED, FORTY-TWO THOUSAND, SIX-HUNDRED City Council Regular Meeting Minutes February 22,2024 Page 12 of 18 AND 00/100 DOLLARS ($142,600.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving the bid award for the Annual Liquid Cat- ionic Polymer Contract to Polydyne, Inc. ORDINANCE NO. 15,730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE ANNUAL LIQUID CATIONIC POLYMER CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND POLYDYNE, INC.; AUTHORIZING PAYMENT TO POLYDYNE,INC.IN AN AMOUNT NOT TO EXCEED TWO-HUN- DRED, SIX THOUSAND, FIVE-HUNDRED, SIXTY-TWO AND 50/100 DOLLARS ($206,562.50); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance approving the bid award for the Annual Liquid Am- monium Sulfate 40% Contract to Brenntag Southwest, Inc. ORDINANCE NO. 15,731 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE ANNUAL LIQUID AMMONIUM SULFATE (40%) CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND BRENNTAG SOUTHWEST, INC.; AU- THORIZING PAYMENT TO BRENNTAG SOUTHWEST, INC. IN AN AMOUNT NOT TO EXCEED THIRTY-TWO THOUSAND, TWO- HUNDRED, SIXTY-SIX DOLLARS ($32,266.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance approving the bid award for the Annual Liquid Hydrochloric Acid 15°A) Contract to Brenntag Southwest, Inc. ORDINANCE NO. 15,732 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,APPROVING THE ANNUAL LIQUID HYDROCHLO- RIC ACID (15%) CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND BRENNTAG SOUTHWEST, INC.; AU- THORIZING PAYMENT TO BRENNTAG SOUTHWEST, INC. IN AN AMOUNT NOT TO EXCEED EIGHTEEN-THOUSAND, TWO- HUNDRED, FORTY-ONE AND 00/100 DOLLARS ($18,241.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 22,2024 Page 13 of 18 o. Consider an ordinance approving the Third Amendment for the Water Supply Agreement with Harris County Fresh Water Supply District#27,to update the term period. ORDINANCE NO. 15,733 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE THIRD AMENDMENT TO THE WATER SUPPLY CONTRACT -- TREATED WATER BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance approving the bid award for the Annual Liquid Sodium Hy- droxide 25% and 50% Contract to Univar Solutions USA, Inc. ORDINANCE NO. 15,734 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE ANNUAL TWENTY-FIVE PER- CENT (25%) AND FIFTY PERCENT (50%) LIQUID SODIUM HYDROXIDE CONTRACT BETWEEN THE BAYTOWN AREA WA- TER AUTHORITY AND UNIVAR SOLUTIONS USA, INC.; AUTHOR- IZING PAYMENT TO UNIVAR, INC. IN AN AMOUNT NOT TO EXCEED TWO-HUNDRED, TWENTY-FIVE THOUSAND, SEVEN- HUNDRED, SIXTY-NINE AND 50/100 DOLLARS ($225,769.50); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance approving the bid award for the Annual Liquid Sodium Chlo- rite 25% Contract to International Dioxcide, Inc. ORDINANCE NO. 15,735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE ANNUAL LIQUID SODIUM CHLORITE (25%) CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND INTERNATIONAL DIOXCIDE,INC.;AU- THORIZING PAYMENT TO INTERNATIONAL DIOXCIDE, INC. IN AN AMOUNT NOT TO EXCEED SIXTY-TWO THOUSAND, SIX HUNDRED,TEN AND 66/100 DOLLARS ($62,610.66); AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing the Annual Traffic Marking Striping Products Contract with Trantex Transportation Products of Texas, Inc., using the Co-Op Buy Board contract#703-23. ORDINANCE NO. 15,736 L City Council Regular Meeting Minutes February 22,2024 Page 14 of 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AWARDING AN ANNUAL TRAFFIC MARKING STRIPING PRODUCTS CONTRACT WITH TRANTEX TRANSPOR- TATION PRODUCTS OF TEXAS, INC., USING THE LOCAL GOV- ERNMENT PURCHASING COOPERATIVE (BUY BOARD) CONTRACT #703-23; AUTHORIZING PAYMENT NOT TO EXCEED ONE HUNDRED, TEN THOUSAND AND 00/100 DOLLARS ($110,000.00), TO TRANTEX TRANSPORTATION PRODUCTS OF TEXAS, INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. s. Consider an ordinance authorizing Amendment No. 3 for Construction Materials Testing for the Animal Services and Adoption Shelter Project,with Alpha Testing,LLC. ORDINANCE NO. 15,737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS, AUTHORIZING AMENDMENT NO. 3 TO THE CON- SULTING SERVICES AGREEMENT WITH ALPHA TESTING, LLC, FOR CONSTRUCTION MATERIAL TESTING FOR THE ANIMAL SERVICES AND ADOPTION SHELTER PROJECT, PHASE II; AU- THORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE-THOUSAND THREE-HUNDRED, SIXTY-SEVEN AND 00/100 DOLLARS ($1,367.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. t. Consider an ordinance authorizing purchase of roofmg services from J. Reynolds & Co., a Tecta America Company LLC—Utilizing Co-Op NCPA 02-75 for services to various roofs throughout the City. ORDINANCE NO. 15,738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND AND NO/100 DOL- LARS ($300,000.00) TO J. REYNOLDS & CO., A TECTA AMERICA COMPANY LLC, THROUGH THE NATIONAL COOPERATIVE PUR- CHASING ALLIANCE, FOR ROOF REPAIR AND MAINTENANCE TO VARIOUS ROOF STRUCTURES THROUGHOUT THE CITY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. u. Consider an ordinance authorizing Amendment No. 1 for materials testing for the Neighborhood Street Reconstruction of Fairway Drive and Savell Drive Project with Raba Kistner, Inc. City Council Regular Meeting Minutes February 22,2024 Page 15 of 18 NO. ORDINANCE 15,739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES WITH RABA KIST- NER, INC., TO PERFORM MATERIALS TESTING FOR THE NEIGH- BORHOOD STREET RECONSTRUCTION OF FAIRWAY DRIVE AND SAVELL DRIVE PROJECT FOR CITY OF BAYTOWN PUBLIC WORKS AND ENGINEERING DEPARTMENT; AUTHORIZING AN ADDITIONAL PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-TWO THOUSAND SEVEN HUNDRED AND FIFTY-SIX AND NO/100 DOLLARS ($32,756.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. v. Consider an ordinance authorizing the purchase of one Kubota M5-111HDC-1 out- fitted with an 88"right-hand interstater flail, and one replacement right-hand flail for use on an existing mower from Landowne-Moody, Inc through a Sourcewell Purchasing Con- tract(TK 070821-AGI). ORDINANCE NO. 15,740 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT NOT TO EXCEED ONE- HUNDRED SEVENTY-SEVEN THOUSAND, TWO-HUNDRED, NINETY-FOUR AND 23/100 DOLLARS ($177,294.23) TO LANS- DOWNE-MOODY, INC, FOR ONE KUBOTA M5-111HDC-1 OUTFIT- TED WITH AN 88" RIGHT-HAND INTERSTATER FLAIL, AND ONE REPLACEMENT RIGHT-HAND FLAIL FOR USE ON AN EXISTING MOWER FOR THE PARKS AND RECREATION DEPARTMENT THROUGH SOURCEWELL COOPERATIVE PURCHASING PRO- GRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. w. Consider an ordinance repealing ordinance No. 15,648, awarding the Annual Resi- dential Demolition Contract to PfP Abatement Group, LLC on December 14,2023. ORDINANCE NO. 15,741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, REPEALING AND REPLACING ORDINANCE NO. 15,648 PASSED BY THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS ON DECEMBER 14, 2023, WHICH AWARDED PFP ABATEMENT GROUP, LLC, THE ANNUAL DEMOLITION OF RESI- DENTIAL STRUCTURES CONTRACT; MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 22,2024 Page 16 of 18 x. Consider an ordinance awarding the Annual Demolition of Residential Structures Contract to Inland Environments, LTD. ORDINANCE NO. 15,742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, ACCEPTING THE BID OF INLAND ENVIRON- MENTS, LTD, FOR THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF FOUR HUNDRED THOU- SAND AND NO/100 DOLLARS ($400,000.00); MAKING OTHER PRO- VISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. y. Consider an ordinance authorizing the purchase of a BTX handheld imaging scanner for HIDTA through SAM.gov. ORDINANCE NO. 15,743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF TWO HUNDRED FIFTY-NINE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($259,500.00) TO VIKEN DETECTION FOR THE SOLE-SOURCE PURCHASE OF THREE (3) HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) NIGHTHAWK-BTX SERIES IMAGER FOR THE POLICE DEPARTMENT; MAKING OTHER PRO- VISIONS RELATED THERETO; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. z. Consider an ordinance repealing and replacing ordinance number 15,693, passed by the City Council of the City of Baytown,Texas, on January 25, 2024. ORDINANCE NO. 15,744 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, REPEALING AND REPLACING ORDINANCE NO. 15,693 PASSED BY THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, ON JANUARY 25, 2024; AUTHORIZING THE PAY- MENT OF NINETY-SIX THOUSAND FIVE HUNDRED FIFTY AND 00/100 DOLLARS ($96,550.00) TO ADS, INC., THROUGH THE SOURCEWELL COOPERATIVE CONTRACT #11822-ADS, FOR THE PURCHASE OF RECON 180 TRAINING SIMULATOR FOR POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 22,2024 Page 17 of 18 aa. Consider an ordinance authorizing the purchase of a subscription to Guardian Pro and barcode readers from Carahsoft Technology Corp.,through the Texas DIR contract. ORDINANCE NO. 15,745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTEEN THOUSAND EIGHT HUNDRED EIGHT AND 22/100 DOLLARS ($15,808.22) TO CARAHSOFT TECHNOLOGY CORPORATION FOR THE PURCHASE OF SOFTWARE AND SERVICES NECESSARY FOR TWO (2) GUARDIAN PRO USER SUBSCRIPTIONS AND TWO (2) GUARDIAN BAR CODE READERS BY THE POLICE DEPARTMENT, THROUGH THE TEXAS DEPARTMENT OF INFORMATION RE- SOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. bb. Consider an ordinance authorizing an On-Call Graphic Design Agreement with Slate Communications. ORDINANCE NO. 15,746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SLATE COMMUNICATIONS FOR ON-CALL GRAPHIC DESIGN SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE-HUN- DRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT City Manager Jason Reynolds recognized the Public Works Department, the Solid Waste Team for assisting a citizen on Florida St. with her brush pick up and always doing a great job. Mayor Capetillo reported there are a few Associate Judges vacancies that are open. The Human Re- sources team in the near future will be making an announcement to describe the process. This is an appointment by Council. 10. COUNCIL MEMBER DISTRICT REPORT a.Receive a report from Council Member James Franco regarding projects,programs and events in District No.4. Council Member Franco reported the following activities: Parks & Recreation City Council Regular Meeting Minutes February 22,2024 Page 18 of 18 • Opening ceremonies for Girls' Fastball Softball Planning & Development Services • Exclusive Furniture started construction • Technology building on North Main is almost complete • New Autozone on Decker • New warehouse on I-10 Public Works & Engineering • Construction on North Main • Sidewalk Project on Decker Drive between Rollingbrook and Baker • Widening on Garth Road • Baskin - Robins and Dunkin Donuts on Garth Rd. • JB Eatery on Baker Rd. • Traffic improvements on Garth Rd. between Birdsong and Baker 11. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section(s)551.071 and/or 551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to discuss eco- nomic development negotiations. At 7:19 P.M., Mayor Capetillo recessed and convened in to an Executive Session pursuant to: 1). Recess into and conduct an Executive Session pursuant to Section(s) 551.071 and/or 551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to discuss economic development negotiations. At 10:29 P.M., Mayor Capetillo reconvened the meeting and announced that, in accordance with Sec- tion 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 February 22, 2024 Regular City,Council`1V 5cting at 10:29 P.M. 1,, W j , ullgn.f1 s' eN s e• So Angela J kson, eit}!c1ery I":c City of Baytown f'' '`'' . „