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2019 01 24 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 24, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 24, 2019, at 6:30 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 Chris Presley Council Member Charles Johnson Council Member Robert Hoskins Council Member David Himsel Council Member Brandon Capetillo Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the January 24, 2019, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Betancourth who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Alvarado. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on October 25, 2018. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson approving the October 25, 2018, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member David Himsel Nays: None Other: Mayor Pro Tern Heather Betancourth (Absent), Council Member Robert C. Hoskins (Abstain) City Council Regular Meeting Minutes January 24, 2019 Page 2 of 26 Approved b. Consider approving the minutes of the City Council Special Meeting held on November 17, 2018. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving the November 17, 2018, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancourth (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Assistant, Tracy Woolston presented the agenda item and recognized City of Baytown employees for their years of service. 5 Years Timothy Carter, Police Crime Analyst 10 Years Cynthia Baptiste, Planning Code Enforcement Coordinator Marcos Avila, Engineering Construction Inspector Catherine Cameron, Library Customer Service Specialist Jose Murillo, Public Works Utility Maintenance Technician 15 Years Elkin Rivas, Non -Fire Paramedic Wayne Potter, Police Patrol Officer Chris Cain, Fire Equipment Operator Jason Garza, Fire Equipment Operator 20 Years Shawn Rossi, Fire Lieutenant City Council Regular Meeting Minutes January 24, 2019 Page 3 of 26 25 Years Keith Lowell, Firefighter David Cox, Fire Lieutenant 35 Years Harold Cheeks, Long Range Planner b. Recognize City of Baytown Department Heads Jamie Eustace and Nick Woolery for being named in the Chris Traeger List of Top 100 Influencers in Local Government nation- wide by the Engaging Local Government Leaders (ELGL). City Manager Davis presented the agenda item and recognized Jamie Eustace and Nick Woolery both named in this year's Chris Traeger List of Top 100 Influencers in Local Government by the Engaging Local Government Leaders (ELGL). He stated that the Traeger winners were determined by engaging local government leaders who collect nominations from local government professionals from across the country. He stated that Jamie Eustace was named the #2 most influential people in local government in the United States and Nick Woolery was recognized as the #I1 most influential people on the same nation-wide list. Additionally, he stated that bothwould be honored at ELGL `19 on May 16 and 17 in Durham, NC, whereas Jamie would be a featured speaker. 3. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A STATEGIC a. Conduct the second public hearing regarding a strategic partnership agreement related to a limited purpose annexation with Harris County Municipal Utility District No. 213-A for approximately 514 acres of land in the City's extraterritorial jurisdiction, generally located north of Wallisville Road, south of Barbers Hill Road, and west of Garth Road in Harris County, Texas. At 7:07 P.M., Mayor Capetillo opened and conducted the second public hearing regarding a strategic partnership agreement "SPA" related to a limited purpose annexation with Hams County Municipal Utility District No. 213-A for approximately 514 acres of land in the City's extraterritorial jurisdiction, generally located north of Wallisville Road, south of Barbers Hill Road, and west of Garth Road in Harris County, Texas. City Attorney, Ignacio Ramirez presented a summary of the second public hearing regarding this agenda item and stated that the first public hearing occurred at the City Council meeting held on Thursday, January 10, 2019, in which nothing since had changed. He noted that the MUD approved their portion of the SPA with Hams County Municipal Utility District No. 213-A, in December 2018. He further stated that under the SPA the City will: collect sales taxes; provide utility services under a separate utility agreement; apply the following Chapter 42 "Health and Sanitation" and Chapter 118 "Signs"; not annex for full purposes until the 30 year term of the agreement is expired; not collect ad valorem taxes; and not provide City services unless specifically agreed upon by both parties. Additionally, he stated that the agreement also contains restrictions on the district with the most notable restriction being that the district is City Council Regular Meeung Minutes January 24, 2019 Page 4 of 26 required to maintain a higher tax rate than the City's tax rate so that should the City annex in the future it would cause a reduction for the citizens living in that area. With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed the second public hearing at 7:08 P.M. b. Consider an ordinance authorizing a Strategic Partnership Agreement with Harris County Municipal Utility District No. 213-A. Mr. Ramirez stated that this agenda item relates to the second public hearing previously described in agenda item 3.a. and that he reviewed the obligations of both parties, in which staff recommended approval. Council Member Hoskins inquired as to who would respond to this area if there was a fire or crime. Mr. Ramirez stated that the County would respond in the event of a crime and a respondent to a fire would be included within the fire district. A motion was made by Council Member Chris Presley and seconded by Council Member David Himsel approving Ordinance No. 13,993, regarding agenda item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tern Heather Betancourth (Absent) Approved ORDINANCE NO. 13,993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A STRATEGIC PARTNERSHIP AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. WEST CEDAR BAYOU LYNCHBURG LAND USE AMENDMENTS a. Conduct a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties generally located east of John Martin Road and west of Garth Road on the north and south side of West Cedar Bayou Lynchburg Road in Harris County, Texas. City Council Regular Meeting Minutes January 24, 2019 Page 5 of 26 Director of Planning and Community Development, Tiffany Foster summarized agenda items 4.a., 4.b., and 4.c. altogether. She stated that agenda item 4.a. was regarding a change to the FLUP map along Cedar Bayou Lynchburg. She stated that the existing FLUP showed the area to be low medium density and that the subject area was brought into the City limits via an involuntary annexation in August of 2017. She further stated that three (3) FLUP alternatives were considered by the Planning and Zoning Commission (P&Z) and detailed within the P&Z Report to City Council, in which P&Z recommended the 3rd alternative which changes the FLUP area alongportions of West Cedar Bayou Lynchburg Road and John Martin Road to a strip of Commercial Corridor and leaves the remaining as single family residential. With regards to agenda item 4.b., Mrs. Foster stated that there were two (2) zoning map amendment applications within the subject area. She stated that one was for property owned by Centerpoint, as well as a pipeline, in which staff requested to change the property to general commercial (GC)because it provided existing adjacency to the east. She stated that the other request was from the property owner for a rezone to general commercial. Additionally, she noted that if staff did not move forward with such request the land would remain open space and the change in the underlining zoning district uses would not change anything with corridors. Mrs. Foster stated with regards to agenda item 4.c. that the property owner requested for the property change from open space recreational to GC. She noted that an existing vacant building is located on the property and the change to GC gives the owners the ability to expand. At 7:13, Mayor Capetillo opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties generally located east of John Martin Road and west of Garth Road on the north and south side of West Cedar Bayou Lynchburg Road in Hams County, Texas. With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed the public hearing at 7:14 P.M. b. Conduct a public hearing concerning a proposed amendment to the City of Baytown's official zoning map to rezone approximately 2.15 acres of land located at and adjacent to 1209 West Cedar Bayou Lynchburg Road, TR 1A, TR 1B, part of Lot 1, BLK 129, Elena Fruit and Cotton Farms, Unit D, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 7:14 P.M., Mayor Capetillo opened and conducted a public hearing concerning a proposed amendment to the City of Baytown's official zoning map to rezone approximately 2.15 acres of land located at and adjacent to 1209 West Cedar Bayou Lynchburg Road, TR IA, TR 1B, part of Lot 1, BLK 129, Elena Fruit and Cotton Farms, Unit D, Hams County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. With there being no one registered to speak regarding agenda item 4.b., Mayor Capetillo closed the public hearing at 7:14 P.M. City Council Regular Meeting Minutes January 24, 2019 Page 6 of 26 C. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 2.72 acres, addressed as 1303 West Cedar Bayou Lynchburg Road, legally described as Tract 2B, 2C, and 2D, Block 129, Elena Fruit and Cotton Farms D, Harris County, Texas, from an Open Space/ Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 7:15 P.M., Mayor Capetillo opened and conducted public hearing concerning a proposed amendment to the City of Baytown's official zoning map to rezone approximately 2.15 acres of land located at and adjacent to 1209 West Cedar Bayou Lynchburg Road, TR IA, TR 1B, part of Lot 1, BLK 129, Elena Fruit and Cotton Farms, Unit D, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. With there being no one registered to speak regarding agenda item 4.c., Mayor Capetillo closed the public hearing at 7:15 P.M. d. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties generally located east of John Martin Road and west of Garth Road on the north and south side of West Cedar Bayou Lynchburg Road in Harris County, Texas. Mrs. Foster presented the agenda item and stated that Ordinance No. 13,994 amends Cedar Bayou Lynchburg to a commercial corridor area, which is related to the public hearing regarding the FLUP change discussed in agenda item 4.a. Council Member Hoskins inquired as to how would this change affect the residents on John Martin Road and why wasn't the area extended further west new John Martin Road. In response to Council Member Hoskins inquiry, Mrs. Foster stated that staff didn't include the extension in their assessment and that such change would not affect the residents in the area. She noted that in the FLUP, this is what's wanted when property is developed; therefore, it does not impact what existing residents or commercial businesses can do. Mrs. Foster further noted that the proposal maintains a low to medium density corridor in the area where it goes through the neighborhood, so as the transition of the corridor develops some commercial is allowed along San Jacinto Boulevard, but it would have to be small in nature. Additionally, she noted that GC was not carried over in this area as it would allow for a broader commercial district in the middle of the neighborhood, which is one of the reasons for not extending the corridor through the neighborhood. Council Member Hoskins requested for future use that in order to protect residents staff not let any commercial retail to go south of Archer Road. Mayor Capetillo stated for clarity that the third alternative option presented to Council was being considered for action. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 13,994, regarding agenda item 4.d. The vote was as follows: City Council Regular Meeting Minutes January 24, 2019 Page 7 of 26 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancourth (Absent) Approved ORDINANCE NO. 13,994 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN FOR PROPERTIES EAST OF JOHN MARTIN ROAD AND WEST OF GARTH ROAD ON THE NORTH AND SOUTH SIDE OF WEST CEDAR BAYOU LYNCHBURG ROAD IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance amending the official zoning map to rezone approximately 2.15 acres of land located at and adjacent to 1209 W. Cedar Bayou Lynchburg, TR 1A, TR 1B, part of Lot 1, BLK 129, Elena Fruit and Cotton Farms, Unit D, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Mrs. Foster presented the agenda item and stated that Ordinance No. 13,995 changes the zoning of a Centerpoint easement, as well as a pipeline from OR to GC to provide adjacency of the GC zoning that currently exists to the east which is the Home Depot site. A motion was made by Council Member Charles Johnson and seconded by Council Member David Himsel approving Ordinance No. 13,995, regarding agenda item 4.e. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancourth (Absent) Approved City Council Regular Meeting Minutes January 24, 2019 Page 8 of 26 ORDINANCE NO. 13,995 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 2.15 ACRES OF LAND LOCATED AT AND ADJACENT TO 1209 W. CEDAR BAYOU LYNCHBURG, TRACT IA , TRACT 113, PART OF LOT 1, BLOCK 129, ELENA FRUIT AND COTTON FARMS, UNIT D, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) 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. f. Consider an ordinance amending the official zoning map to rezone approximately 2.72 acres, addressed as 1303 West Cedar Bayou Lynchburg Road, legally described as Tract 2B, 2C, and 2D, Block 129, Elena Fruit & Cotton Farms D, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Mrs. Foster presented the agenda item and stated that the request to rezone from open OR to GC was initiated by the property owner who has an existing building currently occupied by Title Max. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 13,996, regarding agenda item 4.£ The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancounh (Absent) Approved ORDINANCE NO. 13,996 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 2.72 ACRES, ADDRESSED AS 1303 WEST CEDAR BAYOU LYNCHBURG, LEGALLY DESCRIBED AS TRACT 213, 2C, AND 2D, BLOCK 129, ELENA FRUIT AND COTTON City Council Regular Meeting Minutes January 24, 2019 Page 9 of 26 FARMS D, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) 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. AUTHORIZE PURCHASE OF 128 RENTAL HOUSING UNITS BY LCJ a. Conduct a public hearing concerning the acquisition and rehabilitation of approximately 128 affordable rental housing units located at 2500 E. Wallisville Road, Highlands, Harris County. At 7:24 P.M., Mayor Capetillo opened and conducted a public hearing concerning the acquisition and rehabilitation of approximately 128 affordable rental housing units located at 2500 E. Wallisville Road, Highlands, Hams County. Mrs. Foster summarized agenda items 5.a., 5.b., and 5.c. altogether. She stated that agenda item 5.a. was regarding an amendment to allow a developer to apply for a low income tax credit which is set aside with the state to acquire and rehabilitate existing apartment complexes. She stated that the Country Terrace Apartment complex related to this agenda item is outside of the City limits, but is within the City's extra territorial jurisdiction (ETJ) in Highlands and was constructed by the USDA over 30 years ago. She stated that the 128 unit complex's current existence must be maintained and that a developer was interested in maintaining it. She noted that the developer has a similar property project development in the Crosby area and another pending. She further noted that staff recommended the support of this project and that the developer requested a letter of support, m it provides the developer with additional points in the competitive process as opposed to non -opposition support in the form of a resolution which was done with a different apartment complex project of this nature. For clarity purposes, Mrs. Foster noted that state rule requires the closest municipality to provide some support or non -opposition of such projects. Devin Baker and Mr. Washburn registered to speak at the public hearing regarding agenda item 5.a. Mr. Washburn receded his speaking time to Mr. Baker. Mr. Devin Baker, a representative of LCJ Development, Inc., stated that they were proposing a 9% tax credit, which is a competitive process, in which local support and the projected location of the project stands out during such process. He stated that they've already received support from State Representative Briscoe Cain and were working with the Goose Creek Consolidated ISD for a renewal letter of support, as well as Harris County. He noted that they'll go before the Commissioner's Court on February 26th. He noted that they would spend approximately $5.5 City Council Regular Meeting Minutes January 24, 2019 Page 10 of 26 million to rehabilitate the units which includes flood mitigation, drainage remediation, interior and exterior, HVAC, roofing, carpet, painting, etc. Mr. Baker stated that the application is due March 1st and the results of the funding request would be available on the third Thursday of July. If approved for funding, he stated that they would try and close by the end of the year and the start of construction would be March 2020 with the apartments being ready for lease the start of summer that same year. He noted that a project of this size would take approximately 12-15 months to complete. Additionally, he noted that the tenants would stay at the property during the process as each unit would be complete in one day. At 7:30 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.a. b. Consider a resolution of support for LCJ Development to apply for the 9% Low Income Housing Tax Credit (LIHTC) through the Texas Department of Housing and Community Affairs (TDHCA) to acquire and rehabilitate Country Terrace Apartments. Mrs. Foster presented the agenda item and stated that Resolution No. 2558 evidences the City's support for LCJ Development, hic.'s 9% Low Income Housing Tax Credit (LIHTC) application through the Texas Department of Housing and Community Affairs (TDHCA) to acquire and rehabilitate Country Terrace Apartments. Council Member Johnson inquired of the difference between the 4% and 9% tax credit. Mr. Baker stated that they could discuss the tax credit outside of the meeting. Council Member Presley inquired if the City had to provide an exception or resolution if it's over twice the state average and if all notice requirements were sent. Mr. Baker stated that the information was included in the proposed resolution and all notices were sent. Council Member Hoskins inquired for clarity if the project was not expandable to develop new units. Mr. Baker noted for clarity that this project would not include the development of new units and further noted that a unit would be taken offline and renovated into a leasing office. Mr. Baker stated that they have a tenant relocation plan if needed and they were proposing a rate increase of $45, in which the USDA gives the tenants a two (2) year window, whereas, they fund a reserve upfront and give them a notice of such increase. Mayor Capetillo requested for Mr. Baker to summarize the difference that makes a competitive bid of 4% compared to that of 9%. Mr. Baker stated that there's a more finite amount of the 4% bond than that of a 9% tax credit and that 4% of a tax credit is much less in equity than that of 9% and 4% has much more debt. A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving Resolution No. 2558, regarding agenda item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel City Council Regular Meeting Minutes January 24, 2019 Page 11 of 26 Nays: None Other: Mayor Pro Tern Heather Betanoourth (Absent) Approved RESOLUTION NO. 2558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REGISTERING ITS SUPPORT OF LCJ DEVELOPMENT, tNC.'S PROPOSED ACQUISITION AND REHABILITATION OF THE COUNTRY TERRACE APARTMENTS AND POSSIBLE ALLOCATION OF 9% LOW INCOME HOUSING TAX CREDIT FOR THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Cooperation Agreement with LCJ Development, Inc., to acquire and rehabilitate approximately 128 affordable rental housing units located at 2500 E. Wal►isville Road. Mrs. Foster presented the agenda item and stated that Ordinance No. 13,997 authorizes a Cooperation Agreement with LCJ Development, Inc. (LCJ) in order for LCJ to exercise its powers in the City's extraterritorial jurisdiction (ETJ) to acquire and rehabilitate approximately 128 affordable rental housing units located at 2500 E. Wallisville Road. Additionally, she stated that the agreement requires LCJ to submit reports to the City on the progress of the project. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 13,997, regarding agenda item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancourth (Absent) Approved ORDINANCE NO. 13,997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A COOPERATION AGREEMENT WITH LCJ DEVELOPMENT, INC., TO ACQUIRE AND REHABILITATE APPROXIMATELY 128 AFFORDABLE RENTAL HOUSING UNITS City Council Regular Meeting Minutes January 24, 2019 Page 12 of 26 LOCATED AT 2500 E. WALLISVILLE ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. a. Conduct a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties located along Kilgore Parkway from State Highway 146 to State Highway 99. At 7:37 P.M., Mayor Capetillo opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties located along Kilgore Parkway from State Highway 146 to State Highway 99. Mrs. Foster summarized the subject of the public hearing and stated that in the existing FLUP the area east of Highway 146 is considered Business Park, which is a designation in the plan that allows for light industrial type of development and also includes a commercial node that goes to Highway 99 where there's another commercial node. She stated that the primary alternate of the FLUP is to have a portion of Kilgore Road as commercial corridor; a portion designated for single family residential on the north side, and maintains business park designation allowing for industrial until the intersection of Kilgore Road and Highway 99. She stated that the secondary alternate stays the same on the west side of Kilgore as mentioned in the primary alternate, as well as, the portion designated as business park, but at Needlepoint Road allows for a commercial node and single family residential. She stated that the P&Z reviewed all three (3) plans and selected the primary alternate for recommendation, which is consistent with the agreement made in 2015 with the SouthWinds development in Chambers County Mud #1, but at that time the FLUP was not changed. With there being no one registered to speak regarding agenda item 6.a., Mayor Capetillo closed the public hearing at 7:40 P.M. b. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 92.31 acres of land, located at the northwest corner of Kilgore Parkway and State Highway 99 (SH99) and in the Limited Purpose Annexation area of the City of Baytown, Chambers County, Texas, from a Light Industrial (LI) Zoning District to a General Commercial (GC) Zoning District and a Mixed Residential at Low -to - Medium Densities (SF2) Zoning District. At 7:41 P.M., Mayor Capetillo opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 92.31 acres of land, located at the northwest corner of Kilgore Parkway and State Highway 99 (SH99) and in the Limited Purpose Annexation area of the City of Baytown, Chambers County, Texas, from a Light Industrial (LI) Zoning District to a General Commercial (GC) Zoning District and a Mixed Residential at Low - to -Medium Densities (SF2) Zoning District. Mrs. Foster presented a summary of the agenda item which was discussed during the previous work session. She stated that a developer requested for the City to change the zoning code from City Council Regular Meeting Minutes January 24, 2019 Page 13 of26 LI to GC closer to the Kilgore area and then to single family residential. Additionally, she noted the public hearing for agenda item 6.c. would discuss the planning and development for a request in addition to this agenda item. Matt Wells, Spencer Canoes, and Greg Angel all registered to speak at the public hearing regarding agenda item 6.b. Mr. Matt Wells, a representative of Wells Holdings stated that the reason for the requested zoning change was because the best use of the Grand Parkway corridor from I-10 to Kilgore Road is a higher and better use other than LI and industrial uses. He stated that the Grand Parkway is one of the major entry points into the City of Baytown on the east side and the proposal is consistent with the other first exists that past a major highway. He stated that their development would include an eight feet tall perimeter fencing as a buffer between Highway 99 and the adjacent use to the west, in addition to an evergreen landscape buffer on the west side between them and the industrial use to west. Additionally, he noted that there would be 300 feet of separation between the industrial uses fence and the fence of their proposed development which includes a water channel and a road. Mr. Spencer Canoes stated that he's in support of the P&Z's decision. Mr. Greg Angel stated that he owns property located next to the proposed development in which he purchased as heavy industrial (HI) to move his business outside of the City limits of Baytown. He stated that on one of the properties he operates a construction business that operates 24/7 and on the other property he intends to extend his business. Mr. Angel stated that he's not against development, but does not want a subdivision next to his business which is very heavy industrial and makes noises throughout the night. At 7:52 P.M., Mayor Capetillo closed the public hearing regarding agenda item 6.b. C. Conduct a public hearing concerning the proposed Kilgore Crossing Planned Unit Development (PUD) for approximately 92.31 acres of land, located at the northwest comer of Kilgore Parkway and State Highway 99 and in the Limited Purpose Annexation area of the City of Baytown, Chambers County, Texas. At 7:53 P.M., Mayor Capetillo opened and conducted a public hearing concerning the proposed Kilgore Crossing Planned Unit Development (PUD) for approximately 92.31 acres of land, located at the northwest comer of Kilgore Parkway and State Highway 99 and in the Limited Purpose Annexation area of the City of Baytown, Chambers County, Texas. Mrs. Foster noted that agenda item 6.c. was the PUD for the Kilgore Crossing project tha varied some of the standards from the ULDC in this area. With there being no one registered to speak regarding agenda item 6.c., Mayor Capetillo closed the public hearing at 7:54 P.M. City Council Regular Meeting Minutes January 24, 2019 Page 14 of 26 d. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future Land Use Plan for properties located along Kilgore Parkway from State Highway 146 to State Highway 99. Mrs. Foster stated that the P&Z Commission reviewed the options related to this agenda item and recommended the primary alternate of changing the FLUP. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 13,998, regarding agenda item 6.d. The vote was m follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancourth (Absent) Approved ORIDNANCE NO. 13,998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN FOR PROPERTIES LOCATED ALONG KILGORE PARKWAY FROM STATE HIGHWAY 146 TO STATE HIGHWAY 99; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Before preceding to agenda item 6.e.., Mrs. Foster cautioned the Council that their approval of agenda item 6.c. would not be consistent with changing the zoning of the 92.31 acres to GC and residential. e. Consider an ordinance amending the official zoning map to rezone approximately 92.31 acres of land, located at the northwest corner of Kilgore Parkway and State Highway 99 and in the Limited Purpose Annexation area of the City of Baytown, Chambers County, Texas, from a Light Industrial (LI) Zoning District to a General Commercial (GC) Zoning District and a Mixed Residential at Low -to -Medium Densities (SF2) Zoning District. Agenda item 6.e. failed due to lack of a motion. I. Consider an ordinance adopting Kilgore Crossing Planned Unit Development (PUD) for approximately 92.31 acres of land, located at the northwest comer of Kilgore Parkway and State Highway 99 and in the Limited Purpose Annexation area of the City of Baytown, Chambers County, Texas. City Council Regular Meeting Minutes January 24, 2019 Page 15 of 26 Agenda item 61.. failed due to lack of a motion 7. PROPOSED ORDINANCES a. Consider an ordinance authorizing the Ground Lease and License Agreement with the Baytown Municipal Development District (MDD) for the Baytown Convention Center Hotel. Deputy City Manager Bottoms presented the agenda item and stated that Ordinance No. 13,999 authorizes the Ground Lease and License Agreement with the Baytown Municipal Development District ("Tenant') for the Baytown Convention Center Hotel. He stated that the agreement includes the City of Baytown leasing the land for the hotel to the MDD rental for a 30 year tern with a basic rent of $ I per year. He stated that the MDD would own the hotel and that the lease would stay in place until the bonds were paid off then the hotel would be transferred over to the City, which should be within the 30 year timeframe depending on the performance of the hotel. A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley approving Ordinance No. 13,999, regarding agenda item 7.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancourth (Absent) Approved ORDINANCE NO. 13,999 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 GROUND LEASE AND LICENSE AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the City Facilities Lease Agreement with the Baytown Municipal Development District. Deputy City Manager Bottoms presented the agenda item and stated that Ordinance No. 14,000 authorizes the City Facilities Lease Agreement with the Baytown Municipal City Council Regular Meeting Mmutes January 24, 2019 Page 16 of 26 Development District (the "Tenant"), in which the City leases the Convention Center to the MDD for the hotel project for a tens of 30 years for $1 a year. A motion was made by Council Member Chris Presley, and seconded by Council Member Laura Alvarado approving Ordinance No. 14,000, regarding agenda item Th. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancourth (Absent) Approved ORDINANCE NO. 14,000 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 CITY FACILITIES LEASE AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the publication of the Notice of Intent to issue Combination Tax and Revenue Certificates of Obligation; approving the preparation of one or more preliminary official statements and notices of sale; and authorizing advanced funding. Finance Director, Wade Nickerson presented the agenda item and stated that Resolution No. 2559 authorizes the Notice of Intent (NOI) to issue Combination Tax and Revenue Certificates of Obligation in an amount not to exceed $19 million for the convention center facilities and related infrastructure. Additionally, he stated that once the NOI is published staff would proceed 30 days afterwards. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Resolution No. 2559, regarding agenda item 8.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None City Council Regular Meeting Minutes January 24, 2019 Page 17 of 26 Other: Mayor Pro Tem Heather Betancourth (Absent) Approved RESOLUTION NO.2559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND A NOTICE OF SALE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider a resolution approving the 2019 City of Baytown State Legislative Priorities. Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that the state Legislature convened on Tuesday, January 08, 2019 and would run through Monday, May 27, 2019 (140 days). He noted that the deadline to file bills was March 08, 2019. He stated that in 2017 there were over 6,500 bills filed and approximately 2,000 of those bills had a potential impact on cities. He stated that at the last session 1,200 bills were passed with 300 of them impacted cities. He noted that many of the bills that impact cities typically try to take away local government control of being able to make the best decisions for their communities. Additionally, Mr. Woolery noted that the Baytown representatives included State Senator Brandon Creighton (Texas State Senate District 4, Chair - Higher Ed. Committee), State Senator Carol Alvarado ( Texas State Senate District 6), State Senator John Whitmire (Texas State Senate District 15, Chair -Criminal Justice Committee), State Representative Mayes Middleton (Texas State House District 23), State Representative Briscoe Cain (Texas State House District 128), and State Representative Mary Ann Perez (Texas State House District 144). Mr. Woolery summarized the 86th Texas Legislative Session City of Baytown Priorities which included the following: Local Control Oppose legislation that would erode municipal authority in any way Oppose legislation that would impose a revenue cap of any type or negatively expand appraisal caps. Oppose legislation that would expand requirements for issuance of any city debt or that would erode the ability of a city to issue debt in any way. Oppose legislation that erodes municipal authority in the areas of municipal annexation, municipal zoning, eminent domain, building codes, health and safety, or extraterritorial jurisdictions (ETJs). Reverse Intergovernmental Aid City Council Regular Meeting Minutes January 24, 2019 Page 18 of 26 • Oppose legislation that would require municipalities to fund former State and Federal programs without providing a means to recapture the associated costs. • Oppose legislation that would impose additional state fees or costs on municipal court convictions or require municipal courts to collect fine revenue for the state. Municipal Annexation • Support legislation that clarifies the impacts of S.B. 6 from the 85th Legislative Session related to municipal annexation and ensure that any legislation impacting a city's ability to annex provides an exemption for industrial district areas. Electric and Gas Ratemakine • Oppose legislation that would eliminate cities' jurisdiction over electric and gas utility rates and/or eliminate the reimbursement of cities' rate case expenses. Economic Development • Support legislation that extends the sunset date for Chapter 312 tax abatement authority. • Oppose legislation that would erode a city's incentive options to enhance its economic development efforts to promote retention and expansion of existing retailers, restaurants, developers, commercial businesses and primary employers and to attract new business. Property Tax Relief • Support legislation that would authorize a council -option property tax exemption of a portion of the appraised value of property damaged by a disaster. • Support legislation that would increase the maximum local residence homestead exemption from 20 percent of a property's appraised value to 30 percent. PEG Funds • Support legislation that would expand the use of public, educational, and government (PEG) fees to include operational and related costs associated with PEG channels. Transportation • Support legislation that would eliminate reauthorization provisions for the collection and use of the street maintenance sales and use tax. • Support legislation that distributes Federal transportation funding in a way that provides local governments with long tern funding, sends the funding directly to localities, gives local leaders a stronger role in the decision making process and streamlines the entire process. • Support legislation that provides additional funding to the Texas Department of Transportation for transportation projects that would benefit cities. City Council Regular Meeting Minutes January 24, 2019 Page 19 of 26 Elections • Support legislation that clarifies language related to the reauthorization of local sales taxes for special districts (Street Maintenance Sales Tax, Crime Control & Prevention District, and Fire Control, Prevention, & Emergency Medical Services District) to more clearly define when a reauthorization election is to be held. • Support legislation that reduces the number of early voting days required for runoff elections to five days. Oil and Gas Regulations • Oppose legislation that would diminish municipal authority to reduce the effects of oil and gas development on city residents. City Sovereign Immunity Oppose legislation that would erode a city's sovereign immunity. Rights-of-Wav • Oppose legislation that would decrease a city's authority to be adequately compensated for the use of its rights -of -way. • Oppose legislation that would erode municipal authority over the management and control of rights -of -way. Ouality of Life • Support legislation that expands a city's ability to regulate low-income housing, halfway houses, and the abatement of substandard structures. Mr. Woolery stated that one of the bills being opposed in this legislation included moving down to a 4% revenue cap. He stated that this would be a possible loss of revenue of approximately $550,000, which results to the average homeowner saving less than $3 per month. He stated that from the year 2011 to 2015 the total outstanding state debt increased by 16.27% and the total outstanding City debt increased by 10%, so the cap would make it harder for cities to incur debt. Mr. Woolery stated that the priority of reversing governmental aid is opposed early as cities pay annually over $200 million of City revenue locally collected property taxes to the state for their general coffers. He stated with regards to property tax relief that bills were filed to allow cities the flexibility to assist homeowners on property taxes one year after being impacted by a disaster like Hurricane Harvey. He noted that through legislation is the best way to impact or lower current residents in Baytown's property taxes and have the least impact on the City's incoming revenue. He stated that S.B. 6 from the 85th Legislative Session left uncertainties regarding municipal annexation; therefore, a request for clarity was submitted. He further noted with regards to City Conned Regular Meeting Minutes January 24, 2019 Page 20 of 26 transportation that support was to eliminate the reauthorization provisions for street maintenance sales and use tax which would allow for it to function ongoing instead of going up for an election every four (4) years. Mr. Woolery presented video presentations created by TML that discussed the primary issues that cities fight in dealing with the legislation such as revenue caps and debt. Council Member Hoskins inquired as to why would there be a support to reduce the number of early voting days. In response to Council Member Hoskins inquiry, Mr. Woolery stated that this was for more of a technicality reason. City Clerk, Leticia Brysch elaborated and stated that this was not for the actual election, but for the runoff because of the issue that comes up in a runoff which relates to the time period between when you can call and get everything together for the election. Regarding property tax, Council Member Hoskins inquired if the legislation support included a home being evaluated immediately after a disaster to capture the loss of recovery rather than evaluating a full functioning home value. Mr. Woolery stated that the proposed bill did not support what Council Member Hoskins inquired of, but noted that a bill was filed that did reference such. Mr. Woolery also stated that the proposed bill would allow a year exemption of taxes up to a certain level. Upon Council adoption, the Legislative Priorities will be distributed to the State elected officials who represent Baytown. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving Resolution No. 2560, regarding agenda item 8.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tern Heather Betancourth (Absent) Approved RESOLUTION NO. 2560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S LEGISLATIVE PRIORITIES FOR THE 2019 STATE LEGISLATIVE SESSION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. CONSENT City Council Regular Meeting Minutes January 24, 2019 Page 21 of 26 A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving consent agenda items 9.a. through 91 The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tern Heather Betancourth (Absent) Approved a. Consider an ordinance authorizing the purchase of fifty (50) Deli Latitude 7390 mobile computers from Dell Marketing L.P., through the Texas Department of Information Resources. ORDINANCE NO. 14,001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-THREE THOUSAND TWO AND 501100 DOLLARS ($83,002.50) TO DELL MARKETING L.P., FOR FIFTY (50) DELL LATITUDE 7390 MOBILE COMPUTERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Change Order No. 1 to the Hunt Road Extension East of Garth Road to N. Main Street and Hunt Road Extension west from San Jacinto Blvd. to John Martin Road Project with Angel Brothers Enterprises, LTD. ORDINANCE NO. 14,002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE HUNT ROAD EAST OF GARTH ROAD TO N. MAIN STREET AND HUNT ROAD WEST FROM SAN JACINTO BLVD. TO JOHN MARTIN ROAD PROJECT, IN THE AMOUNT OF TWO HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED FIFTY- ONE AND NO/100 DOLLARS ($247,151.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Second Amendment to the Professional Service Agreement with Hatch Associates Consultants, Inc., f/k/a Shrader Engineering Inc., for the BAWA SCADA Upgrade Project. City Council Regular Meeting Minutes January 24, 2019 Page 22 of 26 ORDINANCE NO. 14,003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND HATCH ASSOCIATES CONSULTANTS, INC., F/K/A SHRADER ENGINEERING INC., FOR THE BAWA SCADA UPGRADE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Contract Amendment to the Amended and Restated Water Supply Contract with the Baytown Area Water Authority to increase the contract quantity. ORDINANCE NO. 14,004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE AMENDED AND RESTATED WATER SUPPLY CONTRACT WITH THE BAYTOWN AREA WATER AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving the purchase and installation of audio/visual equipment at the Clubhouse at Evergreen Park from DataVox Inc., through the Texas Department of Information Resources (DIR). ORDINANCE NO. 14,005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-FOUR AND 73/100 DOLLARS ($85,724.73) TO DATAVOX INC., FOR THE PURCHASE AND INSTALLATION OF AUDIONISUAL EQUIPMENT AT THE CLUBHOUSE AT EVERGREEN PARK THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider a resolution authorizing the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within the Chambers County portion of Baytown. RESOLUTION NO.2561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO City Council Regular Meeting Minutes January 24, 2019 Page 23 of 26 CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution approving the issuance of $3,180,000 Unlimited Tax Bonds, Series 2019 by Harris County Municipal Utility District No. 213-B as meeting the requirements of Section 98-703(17) of the Code of Ordinances, Baytown, Texas. Council Member Johnson stated that he spoke with residents from the Goose Creek Landing community about the MUD related to this agenda item and they were concerned about the taxes increasing and where the money would go. He noted that staff clarified what the money would be used for and that the taxes would not be raised. He stated that he was concerned that the residents only received a notification from the City and not the MUD district and further inquired if there was anything that the City could do on its end that would encourage MUD districts to notify their communities on such proposals. City Manager Davis stated that the City could only encourage, but not enforce them to do so. Council Member Johnson further inquired if Council could require such notification from the MUD districts. Council Member Presley inquired if within the new standards that Council adopted, could the request for MUD districts to send out additional notices be an added condition. Mayor Capetillo made mention regarding this agenda item that this was a new MUD with new debt for the previous additional development and that the rate was the same. He stated that as much as possible communication and notification should be done and he was in favor of having representation within the MUD's with the majority of the residents within that MUD to serve on the board. Additionally, he stated that a discussion with regards to MUD's could be made at a later date. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving consent agenda item 9.g. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tent Heather Betancourth (Absent) Approved RESOLUTION NO. 2562 City Council Regular Meeting Minutes January 24, 2019 Page 24 of 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-B'S ISSUANCE OF $3,180,000 UNLIMITED TAX BONDS, SERIES 2019, AS MEETING THE REQUIREMENTS OF SECTION 98-703(17) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. a. Receive the Mayor's appointments of one (1) representative and one (1) alternate to the 2019 Transportation Policy Council "TPC" and one (1) representative and one (1) alternate to the 2019 Technical Advisory Committee "TAC". Mayor Capetillo stated that his appointments to the TPC included Council Member Robert C. Hoskins as the Representative, Council Member Charles Johnson as the Alternate and to the TAC Mr. lose Pastrana as the Representative and Mr. Frank Simoneaux as the Alternate. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving the appointments of Council Member Robert C. Hoskins as the Representative and Council Member Chutes Johnson as the Alternate to the 2019 Transportation Policy Council and Mr. Jose Pastrana as the Representative and Mr. Frank Simoneaux as the Alternate to the 2019 Technical Advisory Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Chutes Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Pro Tem Heather Betancourth (Absent) Approved 11. MANAGER'S REPORT a. The Igo Annual "Daddy Daughter" Dance will be held on Friday and Saturday, February 8 and 9, 2019, from 6:00 P.M. until 9:00 P.M. on Friday night and from 2:00 P.M. until 5:00 P.M. on Saturday at the Baytown Community Center. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the 181h Annual "Daddy Daughter" Dance would be held on Friday and Saturday, February 8 and 9, 2019, from 6:00 P.M. until 9:00 P.M. on Friday night and from 2:00 P.M. until 5:00 P.M. on Saturday at the Baytown Community Center. Additionally, he noted that the tickets could be purchased in the Parks and Recreation office during regular work hours for $10.00 per person in advance or $15.00 per person at the door. City Council Regular Meeting Minutes January 24, 2019 Page 25 of 26 City Manager Davis acknowledged the City of Baytown for its existence of 71 years with the consolidation of the communities of Pelly, Goose Creek, and Baytown on January 24, 1948. He also recognized Mr. Adam Artimez from the Planning Department for assisting a driver who an object stuck underneath her vehicle. Council Member Alvarado also acknowledged the West Baytown Civic Association for its 30 years of being in existence. 12. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding pending litigation involving the City of Baytown. b. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys on competitive procurement matters. C. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 8:37 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding pending litigation involving the City of Baytown and on competitive procurement matters and pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 10:27 P.M., Mayor Capetillo reconvened the Open Meeting of the Regular City Council Meeting and announced that in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. i IIiliirIX lI]5;. a. Discuss and take appropriate action regarding the Municipal Court Judge's annual performance evaluation. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving a 5% pay rate increase on Judge Julie Escalante's yearly salary. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None City Council Regular Meeting Minutes January 24, 2019 Page 26 of 26 Other: Mayor Pro Tenn Heather Betancourth (Absent) Approved 14. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the January 24, 2019, City Council Regular Meeting at 10:28 P.M. 0 Z Le cia Brysch, City Clerk `y+j�M•� City of Baytown t"