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2018 11 19 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November19,2018 The City Council of the City of Baytown, Texas, met in a Special Meeting on Monday, November 19, 2018, at 6:33 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Council Member Charles Johnson Mayor Pro Tem David Himsel Council Member Chris Presley Council Member Heather Betancourth Council Member Stephen H. DonCarlos Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Alisha Segovia Acting City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the November 19, 2018, City Council Special Meeting with a quorum present at 6:33 P.M., all members were present with the exception of Council Member Hoskins who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Betancourth. 1. ELECTION CANVASS a. Canvass the returns of the City of Baytown's November 06, 2018, General and Special Elections. Mayor DonCarlos canvassed the returns of the City of Baytown's November 06, 2018, General and Special Elections, which regarded the Office of Mayor along with 27 propositions that included 26 propositions and the street maintenance sales tax. He stated that through the City Clerk, the sealed precinct returns were delivered to the City Council as the canvassing authority. He read a summary of the tabulated results of the elections based upon the complete tabulation as follows: For Mayor Brandon Capetillo 18,360 Lee Larson 2,527 Total Votes Cast 1Q887 City Council Special Meeting Minutes November 19, 2019 Page 2 of 20 Propositions Propositions For Against Total Votes Cast Prop A 9,022 2,507 11,529 Prop B 7,476 3,371 10,947 Prop C 8,673 2167 10,840 Prop D 9241 1540 10781 Prop E 8445 2060 10505 Prop F 7674 2947 10621 Prop G 9857 966 10823 Prop H 7225 3225 10450 Prop 1 1 7693 2744 1 10437 Prop J 8014 2267 10281 Prop K 9026 1356 10382 Prop L 8155 2173 10328 Prop M 9546 970 10516 Prop N 8489 1762 10251 Prop O 8836 1371 10207 Prop P 7220 2907 10127 Prop Q 7881 2246 10127 Prop R 8536 1509 10045 Prop S 8378 1 1616 1 9994 Prop T 9043 1115 10158 Prop U 8105 1824 9929 Prop V 7911 1981 9892 Prop W 8453 1538 9991 Prop X 8203 1682 9885 Prop Y 8135 1754 9889 Prop Z 7736 2216 9952 Prop AA 8168 1791 9959 Mayor DonCarlos stated that the election returns tally list and the early voting precinct report used for canvassing was submitted to City Clerk, the general custodian of elections records. b. Consider an ordinance declaring the results of the City of Baytown General and Special Elections held on Tuesday, November 6, 2018. Mayor DonCarlos noted that the official canvass report would be available in the City Clerk's Office of City Hall and through the public information process. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tenn Charles Johnson approving Ordinance No. 13,944, regarding agenda item l.b. The vote was as follows: City Council Special Meeting Minutes November 19, 2019 Page 3 of 20 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancoutth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 13,944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE RESULTS OF THE MUNICIPAL ELECTION HELD NOVEMBER 6, 2018, CONCERNING THE ELECTION OF A MAYOR OF THE CITY OF BAYTOWN; DECLARING THE RESULTS OF THE SPECIAL ELECTIONS HELD NOVEMBER 6, 2018, CONCERNING (I) THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS, AND (II) TWENTY-SEVEN (27) PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 2. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on September 13, 2018. A motion was made by Mayor Pro Tom Charles Johnson and seconded by Council Member Laura Alvarado approving the September 13, 2018, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved City Council Special Meeting Minutes November 19, 2019 Page 4 of 20 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Kevin Garrett requested to appear before the Council in regards to the City's Towing and Vehicle Storage Services Contract (Bid No. 1809-09). Mr. Kevin Garrett, the owner of Brad's Wrecker Service located in Baytown, Texas stated that Ray Cunningham Sr. is the owner of Baytown Auto Collision, Baytown Wrecker Service, and Baytown Auto Storage and owns seventeen other businesses at the League City address and further noted that Ray Cunningham Jr., is the manager of all three (3) businesses located on North Main in Baytown Texas. He stated that on September 21, 2018, they were fined $1,500 by TDLR for having a vehicle owner sign an authorized form for repair of a vehicle contract, in which the city ordinance prohibits the referral to any repair facility. Mr. Garrett stated that Baytown Wrecker Service, htc.'s, occupancy license is in Kenneth Hammer's name, the number listed on the side of their trucks is 281422-4666, which is a listing for Kenneth's Paint and Body Shop, and they have a rolling billboard on the side of their truck for a repair facility. He noted that the business location parking spaces were limited. He stated that as of November 19, 2018, Kenneth Hammer's owner of said property at 552 North Main is delinquent in taxes, as well as, the adjacent property of Ray Cunningham Sr. of Baytown Auto Collision. Additionally, Mr. Garrett requested that the contract be revitalized so that more wrecker companies could service the community of Baytown properly. Donald Wilkins and Adri Garrett registered to speak before Council regarding agenda item 3.a. Mr. Donald Wilkins stated that towing companies have certain fees allowed to be charged which are regulated by TDLR such as towing fees, notification fees, and impound fees that the City is stating are not allowed to be charged. He stated that the City's contract requested that the towing companies remain operable for an extra three (3) hours per day which estimates to an additional $270 weekly and further noted that without being able to charge for other fees it would be difficult for them to make a profit. Adri Garrett did not speak when called upon. b. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown employees for their years of service. 10 Years Jerry L.eCompte, Public Works Wastewater Coordinator 20 Years Eric Skow, Fire Lieutenant Heather Shedd, Police Patrol Officer Craig Green, Police Patrol Officer City Council Special Meeting Minutes November 19, 2019 Page 5 of 20 4. REZONING OF APPROXIMATELY 45.46 ACRES OF LAND LOCATED ALONG THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 10 AND JOHN MARTIN ROAD a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 45A6 acres, located on the northwest corner of the intersection of Interstate Highway 10 Frontage Road and John Martin Road, legally described as Tract 1, Block 46, Elena Fruit & Cotton Farms C, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) and Mix Residential at Low -to -Medium Densities (SF2) Zoning District. At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 45.46 acres, located on the northwest comer of the intersection of Interstate Highway 10 Frontage Road and John Martin Road, legally described as Tract 1, Block 46, Elena Fruit & Cotton Farms C, Hams County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) and Mix Residential at Low -to -Medium Densities (SF2) Zoning District. Director of Planning and Community Development, Tiffany Foster presented a summary of the public hearing and stated that the request is regarding approximately 45 acres located on the Northwest comer of John Martin and 1-10. She stated that this particular property was brought into the City by an involuntary annexation, in which the owners before the sale of the property at that time were already looking to develop the site. She stated that the current request is to rezone to commercial on the southern portion and residential on the northern portion of the property for approximately 79 lots. Additionally, she stated that once the zoning process is complete they'll start the platting process to divide out the lots. Gina Kyle, a representative of Windrose Surveying was available to answer any questions. With there being no one registered to speak on agenda item 4.a., Mayor DonCarlos closed the public hearing at 7:05 P.M. b. Consider an ordinance amending the official zoning map to rezone approximately 45.46 acres located on the northwest corner of the intersection of Interstate Highway 10 Frontage Road and John Martin Road, legally described as Tract 1, Block 46, Elena Fruit & Cotton Farms C, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) and Mix Residential at Low -to -Medium Densities (SF2) Zoning District. Council Member Betancourth inquired if there was a housing price point. In response to Council Member Betancourth's inquiry, Mrs. Foster stated that currently there was no price point, but further noted that there was 79 lots with a 60 X 110 lot size. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 13,945, regarding agenda item 4.b. The vote was as follows: City Council Special Meeting Minutes November 19, 2019 Page 6 of 20 Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 13,945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 45.46 ACRES LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF INTERSTATE HIGHWAY 10 FRONTAGE ROAD AND JOHN MARTIN ROAD, LEGALLY DESCRIBED AS TRACT 1, BLOCK 46, ELENA FRUIT & COTTON FARMS C, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT AND A MIX RESIDENTIAL AT LOW -TO -MEDIUM DENSITIES (SF2) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. REZONING OF APPROXIMATELY 2 ACRES OF LAND LOCATED NEAR CROSBY CEDAR BAYOU ROAD AND BLUE HERON PARKWAY a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately two (2) acres, located approximately 1200 feet to the west of Crosby Cedar Bayou Road and approximately 1100 feet south of Blue Heron Parkway, legally described as part and out of Tract 1L, 1L-1, and 10A of Christian Smith Survey Abstract 69, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Mixed residential at Low -to -Medium Densities (SF2) Zoning District. At 7:06 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately two (2) acres, located approximately 1200 feet to the west of Crosby Cedar Bayou Road and approximately 1100 feet south of Blue Heron Parkway, legally described as part and out of Tract 1 L, IL-1, and I0A of Christian Smith Survey Abstract 69, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Mixed residential at Low -to -Medium Densities (SF2) Zoning District. City Council Special Meeting Mmutes November 19, 2019 Page 7 of 20 Mrs. Foster summarized the public hearing and stated that this is a zoning from one of the recent annexations from the you 2017. She stated that the two (2) acres of land subject of this public hearing has a parcel with an existing home and on the other parcel a family member would like to construct a new home. She noted that when property is annexed it comes in with the most restrictive zone which is Open Space (OR) and when the property owner starts to develop they will zone according to the appropriate zoning district. Mrs. Foster stated that there's a plan for the 2017 annexations, but these particular property owners' wants to move faster and requested to rezone. Additionally, she noted that the properties are adjacent to residential in which staff would recommend such zoning request. Jerad Norris registered to speak at the public hearing regarding agenda item 5.a. to answer any questions if necessary. Mayor DonCarlos closed the public hearing regarding agenda item 5.a. at 7:08 P.M. b. Consider an ordinance amending the official zoning map to rezone approximately two (2) acres, located approximately 1200 feet to the west of Crosby Cedar Bayou Road and approximately 1100 feet south of Blue Heron Parkway, legally described as part and out of Tract 1L, 1L-1, and 10A of Christian Smith Survey Abstract 69, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Mixed Residential at Low -to -Medium Densities (SF2) Zoning District. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 13,946, regarding agenda item 5.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 13,946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY TWO (2) ACRES, LOCATED APPROXIMATELY I200 FEET TO THE WEST OF CROSBY CEDAR BAYOU ROAD AND APPROXIMATELY 1100 FEET SOUTH OF BLUE HERON PARKWAY, LEGALLY DESCRIBED AS PART AND OUT OF TRACT 1L, 1L-1, AND 10A OF CHRISTIAN SMITH SURVEY ABSTRACT 69, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A MIXED RESIDENTIAL AT LOW-TO- City Council Special Meeting Minutes November 19, 2019 Page 8 of 20 MEDIUM DENSITIES (SF2) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. PROPOSED AMENDMENTS TO THE ULDC REGARDING OVERLAY DISTRICTS AND LIVABLE CENTERS a. Conduct a public hearing concerning an amendment to the Unified Land Development Code text in order to adopt enabling language for the creation of overlay districts with the primary goal of creating a uniquely -built environment for the City of Baytown. At 7:10 P.M., Mayor DonCarlos opened and conducted a public hearing concerning an amendment to the Unified Land Development Code text in order to adopt enabling language for the creation of overlay districts with the primary goal of creating a uniquely -built environment for the City of Baytown. Mrs. Foster presented a summary of the public hearing and stated that this is a text amendment to the ULDC to allow the City to create overlay districts, in which the City has the ability to do so in the old zoning code but did not transfer to the 2013 version of the code. She stated that staff recommended adopting such language as an overlay district is being created in the San Jacinto Boulevard area. Additionally, she noted that agenda item 6.c. would also be related to such amendment. With there being no one registered to speak regarding agenda item 6.a, Mayor DonCarlos closed the public hearing at 7:12 P.M. b. Consider an ordinance amending the Unified Land Development Code text in order to adopt enabling language for the creation of overlay districts with the primary goal of creating a uniquely -built environment for the City of Baytown. Council Member Johnson inquired if the limitation on height with regards to signage would be addressed in this amendment. Mrs. Foster noted that signage height limitations would not be addressed in this text amendment, but it would be addressed along with other items for the San Jacinto Overlay District during the meeting with the Planning and Zoning Commission. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 13,947, regarding agenda item 6.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley City Council Special Meeting Minutes November 19, 2019 Page 9 of 20 Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 13,947 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS" TO ADD A NEW SUBSECTION TO SECTION 2.06 "SPECIAL PURPOSE ZONING DISTRICTS" TO BE NUMBERED AND ENTITLED SUBSECTION (D) "OVERLAY DISTRICT," AND TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 2.087 "OVERLAY DISTRICT," TO ENABLE THE CREATION OF OVERLAY DISTRICTS IN THE CITY OF BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning an amendment to the official zoning map to rezone approximately 400 acres generally located south of the eastbound frontage road on Interstate Highway 10, west of Garth Road, north of Archer Road, and east of John Martin Road including multiple parcels, all within Baytown, Harris County, Texas, from Open Space/Recreation (OR), General Commercial (GC) and Single -Family Estate (SFE) Zoning Districts to Livable Center (LC) and General Commercial (GC) Zoning Districts. At 7:13 P.M., Mayor DonCarlos opened and conducted a public hearing concerning an amendment to the official zoning map to rezone approximately 400 acres generally located south of the eastbound frontage road on Interstate Highway 10, west of Garth Road, north of Archer Road, and east of John Martin Road including multiple parcels, all within Baytown, Hams County, Texas, from Open Space/Recreation (OR), General Commercial (GC) and Single - Family Estate (SFE) Zoning Districts to Livable Center (LC) and General Commercial (GC) Zoning Districts. Mrs. Foster presented a summary of the public hearing and stated that this agenda item was related to the overlay, which is a land use tool used on top of a base zoning district with the majority being livable centers. She noted that currently the majority of the land in this area is zoned general commercial and this would help protect the area from unwanted uses that are allowed in general commercial, such as self -storage or auto repair, while staff continues to work on the development standards, as well as, the overlay. Mrs. Foster further noted that one of the larger property owners had some discussions and is not City Council Special Meeting Minutes November 19, 2019 Page 10 of 20 concerned about the uses, but more of the detention and drainage issues. Additionally, she stated that staff is trying to address such issue within the overlay. With there being no one registered to speak regarding agenda item 6.c., Mayor DonCarlos closed the public hearing at 7:15 P.M. d. Consider an ordinance amending the official zoning map to rezone approximately 400 acres generally located south of the eastbound frontage road on Interstate Highway 10, west of Garth Road, north of Archer Road, and east of John Martin Road including multiple parcels, all within Baytown, Harris County, Texas, from Open Space/Recreation (OR), General Commercial (GC) and Single -Family Estate (SFE) Zoning Districts to Livable Center (LC) and General Commercial (GC) Zoning Districts. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member David Himsel approving Ordinance No. 13,948, regarding agenda item 6.d. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 13,948 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 400 ACRES GENERALLY LOCATED SOUTH OF THE EASTBOUND FRONTAGE ROAD ON INTERSTATE HIGHWAY 10, WEST OF GARTH ROAD, NORTH OF ARCHER ROAD, AND EAST OF JOHN MARTIN ROAD WITHIN BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT, A GENERAL COMMERCIAL (GC) ZONING DISTRICT, AND A SINGLE-FAMILY ESTATE (SFE) ZONING DISTRICT TO A LIVABLE CENTER (LC) ZONING DISTRICT AND A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 19, 2019 Page 11 of 20 7. PROPOSED ORDINANCES a. Consider an ordinance authorizing an Agreement for Documentary Services with Kenneth Benitez LLC, for the creation of a historical documentary concerning the Brunson Theater. Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that in the next phase of renovating the Brunson Theater from an actual theater preserving its memories and history would be critical; therefore, staff decided to create a historical documentary about the theater. He further introduced Rick King and Kenneth Benitez representatives of Kenneth Benitez, LLC to provide more details of the project and noted that they are the same production team that developed Here, We Grow Giants. Mr. Kenneth Benitez noted that he's a film maker, director, and owner of the Kenneth Benitez, LLC Production Company. Additionally, he noted that he's been doing film work for more than 15 years in the Houston area and has been working with Mr. King for nine (9) years. Mr. Rick King, noted that he grew up in Baytown and furthered his education at the University of Texas in advertising and marketing. Further during the presentation he provided short videos of some of their film work and stated that their goal was to bring the Brunson back to life. He explained the various aspects of filming this production which included high end graphics, cinematic interviews of various people in captivating Baytown locations, live action shots of cinema icons, still and vintage photography of Brunson and Baytown, and visual effects. Mr. King stated that the schedule included the initiation phase of 2-5 days, reproduction phase which estimates 14-16 days, production phase which estimates 4-5 days, and the post production phase which estimates 22-26 days. Mr. King stated that the deliverables would include a 15-20 minute documentary, four (4) sixty second social media clips, four (4) fifteen second social media clips, a designed Brunson film poster, still photography assets, and Baytown/Brunson footage assets for a budget of approximately $68,850. Additionally, he stated that the City would receive all footage assets and noted that Bill Broyles, a Hollywood star who grew up in Baytown confirmed his willingness to participate in the documentary. Council Member Alvarado inquired as to how would this documentary be accessible to viewers. Mr. Woolery stated that the documentary would be available to watch in the lobby of the new Baytown Visitors Center at Brunson, on BTV16, and any other avenue available. He further noted that the goal is to have the documentary complete and ready for the ribbon cutting. A motion was made by Council Member Chris Presley and seconded by Council Member Heather Betancourth approving Ordinance No. 13,949, regarding agenda item 7.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betarcourth, Council Member Chris Presley Nays: None City Council Special Meeting Minutes November 19, 2019 Page 12 of 20 Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 13,949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR DOCUMENTARY SERVICES WITH KENNETH BENITEZ, LLC, FOR THE CREATION OF A HISTORICAL DOCUMENTARY CONCERNING THE BRUNSON THEATER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY-EIGHT THOUSAND EIGHT HUNDRED FIFTY AND NO/100 DOLLARS ($68,850.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Section 70-8 "Alcoholic beverages" of the Code of Ordinances, Baytown, Texas, to permit alcoholic beverages at Evergreen Park Clubhouse. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that Ordinance No. 13,950 amends Section 70-8 "Alcoholic beverages" of the Code of Ordinances, Baytown, Texas, to permit alcoholic beverages at Evergreen Park Clubhouse. He stated that currently, alcoholic beverages are not permitted in City parks, except at Bayland Park only at times and under certain conditions. He also stated that Ordinance No. 13,950 would expand such exception to include alcoholic beverages at the Clubhouse at Evergreen Park. Additionally, he stated that the Parks and Recreation Advisory Committee considered this item at its last several meetings and unanimously approved it at its meeting held on November 14, 2018. A motion was made by Council Member Heather Betancourth and seconded by Council Member David Himsel approving Ordinance No. 13,950, regarding agenda item Th. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved City Council Special Meeting Minutes November 19, 2019 Page 13 of 20 ORDINANCE NO. 13,950 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 70 'PARKS AND RECREATION," SECTION 70-8 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXEMPT THE CLUBHOUSE AT EVERGREEN PARK FROM THE PROHIBITION OF ALCOHOLIC BEVERAGES IN CITY PARKS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO1100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Consider an ordinance amending Chapter 2 "Administration," Article V "Finance," Division 1 "Generally," Section 2-595 "Fees for various city services" of the Code of Ordinances, Baytown, Texas, to adopt fees for special events at the Clubhouse at Evergreen Park. Mr. Scott Johnson presented the agenda item and stated that Ordinance No. 13,951 amends Chapter 2 "Administration," Article V 'Finance," Division I "Generally," Section 2-595 "Fees for various city services" of the Code of Ordinances, Baytown, Texas, to adopt the following fees for special events at the Clubhouse at Evergreen Park. Additionally, he noted that there would be modifications to the fees as discussed during the council work session. Council Member Himsel recommended that the fees be reassessed in the future. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 13,951, regarding agenda item 7.c. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancwurth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO, 13,951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595 'PEES FOR VARIOUS CITY SERVICES," SUBSECTION (4) 'PARKS AND City Council Special Meeting Minutes November 19, 2019 Page 14 of 20 RECREATION SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY ADDING SUBSECTION (D) TO ESTABLISH FEES FOR THE CLUBHOUSE AT EVERGREEN PARK; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Professional Service Agreement with Element Architects, for the Citizen's Bank Building Project. Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No. 13,952, authorizes a Professional Service Agreement with Element Architects for the Citizen's Bank Building Project in an amount not to exceed $145,075. He stated that the scope of work includes design services, construction management services, bid services, and close out services. Additionally, he stated that the intent of the project is to create a multifunctional facility that could be adapted to accommodate the multiple types of businesses in the downtown area. Council Member Presley stated that during the last discussion, council was undecided about the depth and further inquired for clarity if this entity would assist with sorting out such topic. In response to Council Member Presley's inquiry, Mr. Pastmna stated yes and that this would be a key element of the project in which there were some considerations needing to be taken into account with regards to costs. Deputy City Manager Bottoms stated for clarity that making the final decision on the depth was included in this process and further noted that although during the last discussion the primary direction was to square the depth the same as the existing other options would be considered. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles Johnson approving Ordinance No. 13,952, regarding agenda item 7A. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved ORDINANCE NO. 13,952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH ELEMENT ARCHITECTS, LLC, FOR THE CITIZEN'S BANK BUILDING PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY- FIVE THOUSAND SEVENTY-FIVE AND NO/100 DOLLARS ($145,075.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 19, 2019 Page 15 of 20 8. CONSENT City Attorney, Ignacio Ramirez stated that consent agenda item 8.g. was not ready to be considered. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving consent agenda items 8.a. through 8£ and 8.h. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved a. Consider an ordinance approving the payment of the Texas Commission on Environmental Quality fee for the City's four (4) wastewater treatment plants. ORDINANCE NO. 13,953 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE HUNDRED SEVENTY-TWO THOUSAND THREE HUNDRED FIFTY-ONE AND 30/100 DOLLARS ($172,351.30) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED WATER QUALITY FEES FOR THE CITY'S FOUR (4) WASTEWATER TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance approving the payment to the Texas Commission on Environmental Quality of the City's water system fee. ORDINANCE NO. 13,954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF EIGHTY- FIVE THOUSAND ONE HUNDRED FIFTY-FOUR AND 65/100 DOLLARS ($85,154.65) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL FEE FOR THE CITY'S WATER SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 19, 2019 Page 16 of 20 C. Consider an ordinance authorizing the purchase of a Jacobsen HR700 - 14-foot Bat Wing Mower from Textron, Inc., through the National Joint Powers Alliance cooperative contract. ORDINANCE NO. 13,955 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-SEVEN AND 25/100 DOLLARS ($61,787.25) TO TEXTRON, INC., FOR THE PURCHASE OF A JACOBSEN HR700 - 14- FOOT BAT WING MOWER THROUGH THE NATIONAL JOINT POWERS ALLIANCE (NJPA); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the First Amendment to the Interlocal Agreement with the Baytown Municipal Development District to fund the Brunson Theater Redevelopment Project. ORDINANCE NO. 13,956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO FUND THE BRUNSON THEATER PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider and ordinance approving Change Order No. 3 with Crain Group, LLC, for the Brunson Theater Renovation Project. ORDINANCE NO. 13,957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH CRAIN GROUP, LLC, FOR THE BRUNSON THEATER RENOVATION PROJECT, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THIRTY-SEVEN THOUSAND EIGHTHUNDRED FIFTY- SEVEN AND 60/100 DOLLARS ($37,857.60); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance authorizing the Third Amendment to the Chapter 380 Economic Development Agreement with YoYo LLC, Series, to extend the completion, valuation, and payment dates for this development project. City Council Special Meeting Minutes November 19, 2019 Page 17 of 20 ORDINANCE NO. 13,958 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 THE THIRD AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH YOYO LLC, SERIES 13; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance repealing Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 2 "Consent and Nonconsent Tows," of the City of Baytown Code of Ordinances, Baytown, Texas, and amending Chapter 102 "Vehicles for Hire" of the Code of Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article III "Tow Trucks" in order to reflect that the City is a market participant for nonconsent tows. ORDINANCE NO. 13,959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 102 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE III "TOW TRUCKS" IN ORDER TO REFLECT THAT THE CITY IS A MARKET PARTICIPANT FOR NONCONSENT TOWS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 8.g. Consider an ordinance authorizing a Right of Way Grant to ExxonMobil Pipeline Company for a pipeline easement involving 0.07710 acres of land. This item was not ready and therefore was not considered. 9. APPOINTMENTS a. Consider five (5) appointments to the Sign Committee. Acting City Clerk, Alisha Brinsfield presented the agenda item to consider the appointments of Chet Theiss, Real Estate Appraiser; Al Busch, Architect; and Melody I. Galland, Texas Dept. of Transportation "TxDOT". She stated that the members' terms expire on November 30, 2018, and Mr. Theiss, Mr. Busch, and Ms. Galland all desired reappointment. She further noted that Mr. Starett did not seek reappointment; therefore, there were two (2) vacancies on the committee. City Council Special Meeting Minutes November 19,2019 Page 18 of 20 A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member David Himsel approving the reappointments of Mr. Chet Theiss, Mr. Al Busch, and Ms. Melody Galland to the Sign Committee. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council Member David Himsel, Council Member Laura Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved 10. MANAGER'S REPORT a. The Town Square Ice Rink will open for the Christmas season on Friday, November 23, 2018, at 6:00 P.M. It. The Annual Baytown Christmas Parade will begin at 6:30 P.M., Thursday, December 06, 2018, on Market Street in front of Bicentennial Park. C. The 52nd Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 07, 2018, at 6:00 P.M. d. The Second Annual "Christmas Movie Night at Town Square" will be held on Friday, December 07, 2018, starting at 6:00 P.M. Mr. Scott Johnson presented agenda items 6.a. through 6A. He stated that the Town Square Ice Rink would open for the Christmas season on Friday, November 23, 2018, at 6:00 P.M., daily from 6:00 P.M. - 10:00 P.M. with the exception of Christmas Eve and New Year's Eve, which would open from 1:00 P.M. - 5:00 P.M. on those two (2) days. He stated that the Ice Rink would be closed on Christmas Day and New Year's Day and open from 10:00 A.M. - 10:00 P.M. during "Christmas on Texas Avenue" on Saturday, December 08, 2018, and on "Snow Day" on Saturday, January 12, 2019. Mr. Johnson stated that the Annual Baytown Christmas Parade would begin at 6:30 P.M., Thursday, December 06, 2018, on Market Street in front of Bicentennial Park and noted that the Annual Tree Lighting Ceremony would also take place at 6:30 P.M. at Town Square. He noted that this year's parade route was expanded and rerouted. Mr. Johnson stated that the Baytown Parks and Recreation Department's 52"d Annual Art Show and Reception was scheduled for Friday, December 07, 2018, at the Baytown Community Center, 2407 Market Street starting at 6:00 P.M. He also noted that the 2"d Annual "Christmas City Council Special Meeting Minutes November 19, 2019 Page 19 of 20 Movie Night at Town Square" would be held on Friday, December 07, 2018, starting at 6:00 P.M. Additionally, he noted that the Parks Crew participated in the Annual Texas Recreation and Parks East Region Maintenance Rodeo and received 1st. He further noted that they would participate in the state conference in February. e. City offices will be closed Thursday and Friday, November 22-23, 2018, in observance of the Thanksgiving holiday. City Manager Davis introduced to council the Public Affairs Team of Mark Miller and Natasha Barrett. Further during his acknowledgements, he stated that the Chief of the Mt. Belvieu Police Department recognized the Baytown Police Department's SWAT team for assisting with the surrendering of a suspect held in a residence in Mt, Belvieu. He noted that a resident of Baytown saw a burglary in progress of his neighbor's house and called the Baytown police and stated that the officers responded quickly and professionally. He further recognized Officer Jason Cox for volunteering his time to the Annual Heritage Scaritage Festival, whereas he interacted well with the visitors throughout the day. Additionally, City Manager Davis expressed appreciation to Mayor DonCarlos for his wisdom, leadership, and friendship during their time working together. Mayor DonCarlos noted that this would be his last formal council meeting and expressed his appreciation to the community for the opportunity to serve as a public official. All present council members extended best wishes to Mayor DonCarlos on the next chapter of his life's journey. 11. ADJOURN A motion was made by Council Member Lawn Alvarado and seconded by Mayor Pm Tem Charles Johnson adjourning the November 19, 2018, City Council Special Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council Member David Himsel, Council Member Laws Alvarado, Council Member Heather Betancourth, Council Member Chris Presley Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved City Council Special Meeting Minutes November 19, 2019 Page 20 o£20 With there being no further business to discuss, Mayor DonCarlos adjourned the November 19, 2018, City Council Special Meeting at 8:02 P.M. LctYcia Brysch, City Cler , City of Baytown°�i:.