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2019 03 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 28, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 28, 2019, at 6:37 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 Heather Betancourth 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 Ames Mayor Capetillo convened the March 28, 2019, City Council Regular Meeting with a quorum present at 6:37 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Himsel. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on January 10, 2019. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Heather Betancourth approving the January 10, 2019, 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, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes March 28, 2019 Page 2 of 24 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Emergency Management Coordinator Jamie Galloway for being named as one of the four 2019 Public Officials of the Year Award recipients for the University of Houston Master of Public Administration (MPA) Program. Fire Chief, Kenneth Dobson presented the agenda item and recognized City of Baytown Emergency Management Coordinator Jamie Galloway for being named as a recipient by the University Of Houston Master Of Public Administration Program at the 8th Annual Public Officials of the Year Awards luncheon. b. Present two proclamations designating April, 2019 as Fair Housing Month; and April 22-26, 2019 as Community Development Week in Baytown. Strategic Communications Manager, Natasha Barrett presented to members of the planning department two (2) proclamations designating April, 2019 as Fair Housing Month; and April 22- 26, 2019 as Community Development Week in Baytown. C. 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. 5 Years: Heribcrto "Eddie" Sandoval, Public Works Utility Maintenance Technician Sherce Cardwell, Public Affairs Tourism Marketing Specialist 20 Years: Millard Williams, Firefighter 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing the Second Amendment to the Economic Development Agreement with San Jacinto Retail Associates, LLC. City Manager Davis introduced Mr. Alan Hassenflu to provide an update of amendment related to this agenda item. Mr. Hassenflu, the CEO of Fidelis Realty, stated that they purchased the San Jacinto Mall in the year 2015 and since that time secured the former Service Merchandise, the former Marshalls, Mervyn's, and the Sears facilities. He stated that there's an agreement with both JC Penney and Macy's to demolish the mall, which has started and the abatement is ongoing. He stated that JC Penney had financial difficulty, therefore, they were unable to get the Reciprocal Easement Agreement Amendment complete with them, but further noted that they did get the agreement with Macy's. Mr. Hassenflu requested for an extension to the end of the year 2019 in order to City Council Regular Meeting Minutes March 28, 2019 Page 3 of 24 obtain an agreement with JC Penney, as well as, the reimbursement agreements for ad valorem taxes and sales taxes to subsequent years. For informational purposes, Mayor Capetillo requested more details of the mechanics as to why the extension was needed. In response to Mayor Capetillo's request, Mr. Hassenflu stated that the three anchors that remained at the mall: Sears, Macy's and JC Penney had reciprocal agreements that did not allow for any changes at the mall until they (the anchors) agreed to it. He stated that the first round of agreements to demolish the mall were done, but the next round of agreements that included to reconstruct, rebuild, and re -plan the mall has been circulating for approximately two (2) years. He stated that the agreement was largely agreed upon and is attached to the document with Macy's, in which at that time JC Penney had agreed to, but then disagreed to it and currently trying to agree to again. He noted that they can't force JC Penney to agree, as they (JC Penney) have an agreement in place that allows them to control the mall until the year 2039. Additionally, Mr. Hassenflu stated that they are trying to adjust those agreements in order to develop the mall sooner than the year 2039. Additionally, Mr. Hassenflu noted that they deal with many cities in different states, but the City of Baytown was the most pro -business, friendly, helpful and overall best City that they've worked with. During further conversation, Deputy City Manager Bottoms inquired of the next steps moving forward from the execution of the agreements. Mr. Hassenflu stated that if the agreements were signed within the year 2019, the mall would be demolished in 2019, and in the year 2020 the start of construction would take place which included approximately 30% of their plan, which includes all of the space that starts with Macy's extending eastward towards Garth Road. Additionally, he noted that it would take from two (2) to three (3) yews to complete every phase of the mall. Council Member Hoskins inquired if there was a way to get an agreement with JC Penney that would allow for the rebuilding in areas that does not pertain to the market of what JC Penney is doing. Mr. Hassenflu stated that the agreement made with JC Penney is that there could be no changes without the approval of JC Penney. Mr. Hassenflu further noted that mostly all of the malls done in the United States during the 60's, 70's and 80's had this type of agreements, which is the reason so many malls throughout the United States were faced with the same issue. Additionally, Mr. Hassenflu noted that he was optimistic that the agreements would be done. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 14,036, regarding agenda item 3.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,036 City Council Regular Meeting Minutes March 28, 2019 Page 4 of 24 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 SECOND AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH SAN JACINTO RETAIL ASSOCIATES, LLC; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Professional Service Agreement with Culp Engineering, LLC, for the redirection of two (2) sanitary sewer force mains in the Thompson Ten Development in Baytown. Interim Director of Engineering, Ajay Shakyaver presented the agenda item and stated that Ordinance No. 14,037, authorizes a Professional Service Agreement with Culp Engineering, LLC, in the amount not to exceed $343,248.00 for the redirection of two (2) sanitary sewer force mains directed into the West District Wastewater Treatment Plant for the purpose of preserving future capacity of the existing 42 inch sanitary truck line that runs along the south side of I-10. He stated that the scope of services for the engineer included the design phase, the bid phase, construction administration phase services, and advice, as well as, guidance throughout the process of the project. Council Member Presley inquired of the estimated cost of the actual project. Mr. Shakyaver stated that the estimated cost of the project was $2 to $4 million. Deputy City Manager Bottoms stated that the 24 inch force main was increased to 30 inches in size in order to reduce the friction head on it so that they could be carried down to the west district wastewater treatment plant. Council Member Presley further inquired of the reason why this didn't go before the Architectural and Engineering "A&E" Committee. In response to Council Member Presley's inquiry, Deputy City Manager Bottoms stated that because Culp Engineering was the engineer for the site and already had contacts the decision was made to work with them on the project. He further recognized the engineering and public works departments for coming up with this idea to relieve the pressure from this trunk line. A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving Ordinance No. I4,037, 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, Mayor Pro City Council Regular Meeting Minutes March 28, 2019 Page 5 of 24 Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CULP ENGINEERING, LLC, FOR THE REDIRECTION OF TWO (2) SANITARY SEWER FORCE MAINS IN THE THOMPSON TEN DEVELOPMENT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-THREE THOUSAND TWO HUNDRED FORTY-EIGHT AND NO/100 DOLLARS ($343,248.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Tax Abatement Agreement with Port 10 Logistics, LLC. Mr. BJ Simon presented the agenda item and stated that Ordinance No. 14,038, authorizes a Tax Abatement Agreement with Port 10 Logistics, LLC ('Port 10") for its second building. He stated that in March of 2018, the City Council established the Port 10 Logistics Reinvestment Zone, being a 247 acre designation with the intent to build out the three (3) million square footage warehouse or logistics capacity. He stated that this is the second building noted as Building 7 in the development plan and they completed the sale of the 294,000 square foot facility on Building 1. Additionally, he stated that the anticipation for this proposed facility was to begin construction in the second quarter of 2019 with completion of the fourth quarter of 2019. Jess Arnold registered to speak regarding agenda item 3.c., but was not called upon to do so. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Ordinance No. 14,038, regarding agenda item 3.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes March 28, 2019 Page 6 of 24 ORDINANCE NO. 14,038 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 TAX ABATEMENT AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED WITHIN THE PORT 10 LOGISTICS REINVESTMENT ZONE WITH PORT 10 LOGISTICS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REZONING OF APPROXIMATELY 1.02 ACRES OF LAND AT 2203 MASSEY TOMPKINS ROAD FROM OPEN SPACE/RECREATION (OR) TO GENERAL COMMERCIAL (GC) a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 1.02 acres, a portion of a proposed two (2) acre tract located at 2203 Massey Tompkins Road, being out of a 31.3-acre tract, which is legally described as part of Tract 3 out of the Christian Smith Survey, Abstract 69, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 7:06 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the official zoning map to rezone approximately 1.02 acres, a portion of a proposed two (2) acre tract located at 2203 Massey Tompkins Road, being out of a 31.3-acre tract, which is legally described as part of Tract 3 out of the Christian Smith Survey, Abstract 69, Hams County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Director of Planning and Community Development, Tiffany Foster presented the agenda item and stated that there's a development agreement with the property owner, in which the owner was getting ready to subdivide for a retail development. She stated that they were annexed into the City and a portion of the property located off of Massey Tompkins Road was currently zoned as general commercial, but because more land was needed for the project development an additional acre was requested to be rezoned. Trevor Mendes, Ryan Lovell, and Casey Genovese all registered to speak at the public hearing regarding agenda item 4.a. Trevor Mendes and Ryan Lovell registered to speak on this agenda item by mistake. Mr. Casey Genovese, Civil Engineer for Linfield, Hunter, & Junius, Inc., represented the developer and land owner and was available to answer questions regarding the project. At 7:09 P.M., Mayor Capetillo closed the public hearing regarding agenda item 4.a. at 7:09 P.M City Council Regular Meeting Minutes March 28, 2019 Page 7 of 24 b. Consider an ordinance amending the official zoning map to rezone approximately 1.02 acres, a portion of a two (2) acre tract located at 2203 Massey Tompkins Road, being out of a 31.3-acre tract, which is legally described as part of Tract 3 out of the Christian Smith Survey, Abstract 69, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Mrs. Foster stated that there was no additional information regarding the agenda item. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tom Heather Betancourth approving Ordinance No. 14,039, regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,039 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 1.02 ACRES, A PORTION OF TWO (2) ACRES LOCATED AT 2203 MASSEY TOMPKINS ROAD, BEING OUT OF A 31.3-ACRE TRACT, WHICH IS LEGALLY DESCRIBED AS PART OF TRACT 3 OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 69, 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. a. Conduct a public hearing concerning a request to amend the official zoning map to rezone an approximately 146 acre site - 130t acres to a General Commercial (GC) Zoning District and 15.8t acres to a Mid -Rise Mixed Residential (MF2) Zoning District; located at the southwest corner of the intersection of Interstate Highway 10 (IH10) and State Highway 146 (SH146); legally described as residue of a 10.72 acre tract of land conveyed to City Council Regular Meeting Minutes March 28, 2019 Page 8 of 24 John D. Fitzgerald, ET AL, and a portion of the residue of a 183.69 acre tract of land conveyed to John M. Fitzgerald Family Trust, a two acre tract of land conveyed to Kinney Fitzgerald, ET UX, a .08 acre tract of land conveyed to John D. Fitzgerald, and Lot 2 Fitzgerald Subdivision, situated in the William Bloodgood League, Abstract No. 4, Chambers County, Texas. At 7:10, Mayor Capetillo opened and conducted a public hearing concerning a request to amend the official zoning map to rezone an approximately 146 acre site - 130t acres to a General Commercial (GC) Zoning District and 15.81 acres to a Mid -Rise Mixed Residential (MF2) Zoning District; located at the southwest comer of the intersection of Interstate Highway 10 (IH10) and State Highway 146 (SH146); legally described as residue of a 10.72 acre tract of land conveyed to John D. Fitzgerald, ET AL, and a portion of the residue of a 183.69 acre tract of land conveyed to John M. Fitzgerald Family Trust, a two acre tract of land conveyed to Kinney Fitzgerald, ET UX, a .08 acre tract of land conveyed to John D. Fitzgerald, and Lot 2 Fitzgerald Subdivision, situated in the William Bloodgood League, Abstract No. 4, Chambers County, Texas. Mrs. Foster summarized the public hearing and stated that the applicant proposed to rezone, because the property is currently zoned as open space, which has not changed since being annexed in 2017. She stated that a large portion of the land (130 acres) was proposed to be general commercial and in the middle of the property (15.8 acres) would be for multi -family. She noted that the acreage being requested for zoning was not actually what would be completely developed, as it has yet to be platted. She stated that there would be new collector and local roads inside the development along with a portion of the property being used for detention and potentially not used for actual commercial development. Additionally, she stated that the actual development as it stood on March 28, 2019, would not be a complete 146 acres of true development. Steven Stone registered to speak at the public hearing regarding agenda item 5.a. Mr. Stone, a representative of KM Realty and the developer, stated that since the year 2014, they've been working on the development for this project and noted that the land was primarily vacant for approximately 100 years. He stated that from 2014 to 2016 they conducted surveys; researched soil maps, jurisdictional water maps, and topography maps; FEMA flood hazard boundaries, wetlands inventory, and walked the property boundary along Cedar Bayou. He stated that they met with the City of Baytown's department staff to include engineering, public works, and planning and zoning, whereas, they discussed and worked through issues prior to acquiring the land. He stated that within the last two years, they've worked with the City of Baytown, Chambers County, Harris County Flood Control District, and the Barbers Hill ISD to study and address concerns such as traffic impact analysis, utility improvements, detention requirements, water collection runoff, wastewater flow, as well as, potential uses for the property. Additionally, Mr. Stone noted that potential flooding would be less likely following their development and the City, along with the state, already planned steps to address existing traffic congestion issues with proposed expansion road projects and the passing of HB 2781. City Council Regular Meeting Minutes March 28, 2019 Page 9 of 24 Council Member Betancourth inquired as to how far along was the developer in conceptualizing the residential portion of the project. In response to Council Member Betancourth's inquiry, Mr. Stone stated that because this area provided for a larger variety of zoning, they could do single family dense townhouses, duplexes, or garden style apartment complex developments. He noted that they did not foresee doing the duplexes and that the land would sale for the development of MF2 zoning. Council Member Presley inquired if the meeting with the Barbers Hill ISD was a positive experience. Mr. Stone stated that the meeting was positive and one of the key concerns was student safety during bus drop off and pick up while interacting with the busy congested traffic on Highway 146. He further noted that they would make sure that the developer adheres to a safe loading zone and whatever project developed assures future desirability. At 7:20 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.a. b. Consider an ordinance amending the official zoning map to rezone an approximately 146 acre site - 130t acres to a General Commercial (GC) Zoning District and 15.8t acres to a Mid -Rise Mixed Residential (MF2) Zoning District; located at the southwest corner of the intersection of Interstate Highway 10 (IHIO) and State Highway 146 (SH146); legally described as residue of a 10.72 acre tract of land conveyed to John D. Fitzgerald, ET AL, and a portion of the residue of a 183.69 acre tract of land conveyed to John M. Fitzgerald Family Trust, a two (2) acre tract of land conveyed to Kinney Fitzgerald, ET OX, a .08 acre tract of land conveyed to John D. Fitzgerald, and Lot 2 Fitzgerald Subdivision, situated in the William Bloodgood League, Abstract No. 4, Chambers County, Texas. Council Member Hoskins stated that the project was not a certainty that what was proposed would manifest and was not going to make the area better. He stated that because Baytown has its share of storage lots and apartment complexes further recommended that the two components be removed from the project as the current roadway conditions could not support more traffic on Highway 146. He stated that townhomes or garden homes were preferable over the apartments and noted that for future projects, the developers should meet with school district leadership to understand the impact that development has on the school system. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 14,040, 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, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,040 City Council Regular Meeting Mantles March 28, 2019 Page 10 of 24 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 146 ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF INTERSTATE HIGHWAY 10 (IH10) AND STATE HIGHWAY 146 (SH146), LEGALLY DESCRIBED AS RESIDUE OF A 10.72-ACRE TRACT OF LAND CONVEYED TO JOHN D. FITZGERALD, ET AL, AND A PORTION OF THE RESIDUE OF A 183.69-ACRE TRACT OF LAND CONVEYED TO JOHN M. FITZGERALD FAMILY TRUST; A 2-ACRE TRACT OF LAND CONVEYED TO KINNEY FITZGERALD, ET UX; A 0.08-ACRE TRACT OF LAND CONVEYED TO JOHN D. FITZGERALD; AND LOT 2 FITZGERALD SUBDIVISION, SITUATED IN THE WILLIAM BLOODGOOD LEAGUE, ABSTRACT NO. 4, CHAMBERS COUNTY, TEXAS, FROM AN OPEN SPACEIRECREATION (OR) ZONING DISTRICT AND A GENERAL COMMERCIAL (GC) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT AND A MID -RISE MIXED RESIDENTIAL (MF2) 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. BAYTOWN ANIMAL CONTROL a. Receive and discuss a presentation from Quorum Engineering regarding the Animal Shelter Renovation. Health Department Assistant Director, Tony Gray presented the agenda item and stated that Council approved the notice to proceed to Quorum Architect for the preliminary design plan and renovation for the Baytown Animal Shelter within the budget constraint of $4 to $5 million. He stated that the current building being used to house the animals was built in 1998 and designed as an impound facility. He stated that the operations fell under the police department approximately eleven years prior to 2019, but was transferred to the health department. He stated that since the transition, the health department made some modifications with the most visible being the installation of the approximately 1,200 feet modular type building. Mr. Gray stated that the modular building helped with citizen's intake and provided for more employee space, being that the original building wasn't designed for incoming foot traffic. Mr. Gray stated that other modifications included elevating the curb flooring in the kennel area to reduce and eliminate the transmitting of disease from kennel to kennel, as well as, converting two (2) storage rooms for the cat holding area. He noted that the inadequate ventilation was a maintenance challenge for the older building and the daily challenge was the capacity of the holding area for the animals. Additionally, he introduced Kim Dowdy, a representative from Quorum Architects to provide informational design options for the facility renovations. City Council Regular Meeting Minutes March 28, 2019 Page 11 of24 Ms. Kim Dowdy stated that they provided Council with the results of a needs assessment in June of 201 S. She stated that at that time the design was a bit extreme for what Baytown needed, but it considered the projected population increase for twenty to thirty years out, as well as, the progression of animal shelters over time coming from a pound to a shelter to an animal adoption type facility. She stated that at the time of the assessment they recommended renovating the existing building due to its condition that included the rusting of the exterior structure of the building, improper functions of the HVAC for animals and staff, high noise/stress levels, the exposed open trench drains that staff crossed over, no natural day lighting in any of the rooms, inefficient cat rooms, limited space for staff and animals, and the possibility of cross contamination from public access, which is the general overall health and safety concerns of the animals, staff, and visitors throughout the facility. With regards to the conceptual design options, Ms. Dowdy stated that the existing shelter's capacity houses 62 dogs and 60 cats, which were not separated correctly. She stated that there were no outdoor runs for the dogs quarantine isolation area for the kennels to be cleaned, so the capacity was decreased to half to be able to do so. She stated that the proposed site plan included an estimated $12.8 million for a 23,000 square foot facility, in which at that time was rejected. She stated that they were given a directive in January to start looking at a $4-5 million facility and met with departmental staff, as well as, the Animal Control Advisory Committee to obtain input for the facility. She stated that the proposed recommendations included: separating the quarantine isolation area from the stray cats' area, moving the break room to the modular building, removing adoption completely from the facility and leaving the existing 30 kennels as stray kennels. She noted that the kennels would be new, every animal room would have new HVAC, and there would be new wall painting, outdoor runs and doors. She stated that trench drain would be addressed and a proper sidewalk would be installed. She further stated that the existing quarantine room would be demolished and totally reconstructed, but left at half capacity. She also noted that if the capacity increased there would have to be an expansion to avoid the structural integrity of the building being jeopardized, as the exterior walls would not be able to be penetrated. Ms. Dowdy stated that a small new 3,600 square feet adoption facility would also be included in Option 1, in which there would be 2,000 square feet of outdoor runs area, a fenced enclosed sally port, and new asphalt puking. Mayor Capetillo inquired if the parking could be concrete curbing, in which Ms. Dowdy stated that concrete curbing could be done. During further discussion, Council Member Betancourth inquired as to where would the medical suite be located. Ms. Dowdy stated that the medical suite would include a small surgical and clerk room located in the left comer from the supervisors office, in which the area would be for spay/neuter only. She stated that the medical triage area would be in the other facility, which would include a small surgical table and prep area, but it would not have enough space for animal recovery. With regards to addressing the noise in the dog area, Ms. Dowdy noted that the noise level in the dog area would be censored by the type of installation and construction done on the walls, as City Council Regular Meeting Minutes March 29, 2019 Page 12 of 24 well as, sound panels. She further noted that they highly recommend a built in or portable sound system. Council Member Himsel inquired of the capacity comparison from Option l to the $12.8 million option that was rejected and if getting the capacity increased was a priority factored into the process of this project, in which he expressed concem for the amount of money being spent for little capacity. In response to Council Member Himsel's inquiry, Ms. Dowdy stated that the capacity comparison was that the $12.8 million option included 100 dogs and 90 cats and the Option 1 included 84 dogs and 75 cats. She noted that with the $12.8 million there were more spaces and when they reviewed the master plan it was just the regular kennels only, in which could be adjusted to allow for more kennel space and would provide costs savings. Ms. Dowdy stated that with the $4-5 million directive, they planned to utilize the existing building for approximately five (5) years then afterwards go in with another addition, because the $4-5 million facility would not be adequate for the city's growth. She stated that the needs assessment presented last year was designed to take the City through the year 2030. She noted that their facilities were designed for future expansion and based on the approximately 40-50 animal shelters that they've done throughout the state of Texas, the cost per square foot does meet what the current construction industry is. Mayor Capetillo inquired of the cost driving factor for increasing capacity and what should the capacity be. Ms. Dowdy stated that typically animal shelter construction could range from $375 to $450 per square foot, which accounts for efficiency and long term durability. Mr. Gray noted that typically on any given day the facility was at capacity, therefore, the future goal is to double such capacity. During further discussion, Ms. Dowdy noted that with Option I and according to the needs assessment, some of the following needs would still not be met to include: the separation of healthy/sick animal, efficiency flow, doubling animal capacity, indoor/outdoor runs for all of the dogs, natural day lighting, and an enclosed sally port. Ms. Dowdy further noted that Option 2 with the same cost directive would eliminate strays and adoptions completely from the facility as it would only be used for quarantine. She stated that they proposed that the modular building be demolished and the existing door would be used for an entry into the public intake area, which would separate from the incoming animals from the healthy animals in the new building. She noted that everything would be all new. Ms. Dowdy stated that the old kennel area would be abandoned with possible use for storage and that the new building would provide for animal control to include a veterinarian. She stated that the numbers allowed for adoptions and strays would be 18, in which they would also be separated. She noted that the dog capacity decreased to 66 and cats were 75. Additionally, she noted that the needs that would not be met in Option 2 would be the same as those in Option 1. Ms. Dowdy stated that Option 3 was a totally new facility with a cost of $6.5 million and was similar to Option 2. Council Member Himsel requested a tour of a completed facility designed by Quorum Architect City Council Regular Meeting Minutes March 28, 2019 Page 13 of 24 Ms. Dowdy stated that the facility in Mt. Belvieu was complete for touring and noted that although it's smaller in capacity it has the same type quality of material. The Council agreed to suspend this item no longer than June 30th to allow for more discussion. Jay Garrett registered to speak regarding agenda item 6.a. Mr. Garrett stated that the approval of renovating the existing building is an investment that would last approximately ten years and that the design did not meet the need for recovery which is a necessity for collaborating with other agencies that would partner and provide other necessary services. He stated that the design was missing a large portion of the protective growth of the city with regards to programming and requested Council to welcome other participants to the work session for valued input on animal shelter management. b. Consider an ordinance repealing Chapter 14 "Animals" of the Code of Ordinances, Baytown, Texas (the "Code") and amending the Code to include a new chapter to be numbered and entitled Chapter 14 "Animals" to update the Animal Control Ordinance to state law, to require micro -chipping of certain animals, and to allow certain animals to be maintained within the City if specific distancing and acreage requirements are satisfied. Mr. Gray presented the agenda item and stated that last November a revised summary draft of Chapter 14 "Animals" of the Code of Ordinances was presented to council. He stated that the revised draft was presented to the Animal Control Advisory Committee met on March 20, 2019, and the revisions including requiring to micro -chip certain animals effective 12/31/19, definition changes to line up with state code, extension to dangerous dogs to include dangerous animals, clarity on specific issues and procedures to emergency conditions, restricting certain animals applicable to livestock and acreage, expanding the criteria within the City with regards to public nuisance, redemption or adoption of impounded animals, eliminating the sterilization voucher, and allowing certain animals to be maintained within the City, if specific distancing and acreage requirements are satisfied. He stated that also included in the revisions were updates with regards to cruelty based on state law and codes, the types of traps to be used, the unlawful restraint of an animal, the impoundment of animals and impoundment of animals by individuals, quarantine procedures, and current fees. Additionally, Mr. Gray noted that the effective date of December 31, 2019, for the micro -chip requirement was suggested to give time for educating the public and to employee the necessary number of staff for the process. Council Member Betanwurth inquired for clarity if a feral cat was considered at large or domesticated and if poisoning a feral cat would be a violation. Mr. Gray stated that the definition at large would not apply to a feral cat and poisoning a feral cat would be a violation. Council Member Betancourth recommended considering to allow restaurants the option of allowing dogs on outdoor patios. She further referenced farm animals with regards to "Sec: 14-8 certain animals restricted" and recommended that the language not infringe on those who have enough space for the livestock, specifically in the areas in District 4, whereas the farming properties were annexed against their will. Mayor Capetillo noted that the language that Council City Council Regular Meeting Minutes March 28, 2019 Page 14 of 24 Member Betancourth referenced only applied to open space recreational or single family estate which is primarily limited. Council Member Betancourth inquired for clarity if the director would have authority to use discretion if necessary and if the increased fees would restrict future promotions. Mr. Gray stated that the promotions would not be restricted as they would fall under discretion and that the director would have authority to use discretion if necessary. Council Member Betancourth further inquired as to how would the requirement for micro - chipping certain animals be enforced. Mr. Gray stated that educating the public would be the start of the process although there would be no way to determine which animals were micro - chipped except when brought into the facility, in which at that time micro -chipping would be required. Council Member Hoskins recommended that the animal control officers have scanners accessible on the vehicles for the ability to immediately scan an animal, in which at that time the animal could be brought to the owner and provide them with a warning or citation for the animal before bring it to the animal facility. Mr. Gray stated that the officers have scanners that could be used in the fields and the option would be considered. Council Member Johnson inquired if roaming cat's issues would be addressed. Mr. Gray stated that the revision that included definition of nuisance animals was aimed at cats, but included all animals. Mr. Gray further stated that in order for enforcement to take place the property owner would have to initiate a complaint, provide evidence, and testify of the issue in court. Council Member Himsel inquired for consideration that if a dog that had an attack or bite history was brought into the City would be included in the definition of a dangerous dog and if there could be a requirement for that owner to notify the health department of such dog. He further noted with regards to keeping the animal secured that the tern lock should be clarified with an approved locking system. City Attorney, Ignacio Ramirez noted that it is required by state law for a dog owner to provide notification if it's been established that the dog is dangerous. Jay Garrett registered to speak regarding agenda item 6.b. Mr. Garrett expressed appreciation to all involved in the collective effort of the City's animal control improvement process. He stated that approval of the proposed ordinance should not be delayed, because many of the City of Baytown ordinances is over 30 years old and at any time can be revised or amended. He further stated that the proposed amendments is for the betterment of animal welfare and puts the City in better standing with state law and animal protocol across the country. A motion was made by Mayor Pro Tent Heather Betancourth and seconded by Council Member Robert C. Hoskins approving to consider an ordinance regarding agenda item 6.b. for the sake of discussion. City Council Regular Meeting Minutes March 28, 2019 Page 15 of 24 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving to suspend agenda item 6.b. no later than June 30, 2019. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tent Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved 7. AMERIPORT. LLC / CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2 CC( ID#2) Mayor Capetillo requested that agenda items 7.a. through Te. be summarized and considered altogether. Trevor Mendez and Ryan Lovell both registered to speak regarding agenda item 7 to answer any questions from the council. a. Consider an ordinance approving the Declarations of Covenants, Conditions, Restrictions and Easements for 172 acres situated in Chambers County, Texas, owned by AmeriPort, LLC. b. Consider a resolution granting consent to the inclusion of 172.31 acres in the Chambers County School Land Survey, Abstract No. 321 and the G.L. Short Survey, Abstract No. 228, Chambers County, Texas, into Chambers County Improvement District No. 2. C. Consider an ordinance authorizing First Amendment to the Development Agreement with Chambers County Improvement District No. 2. d. Consider an ordinance authorizing the First Amendment to the Water Supply and Waste Disposal Agreement with Chambers County Improvement District No. 2. e. Consider an ordinance authorizing the First Amendment to the Emergency Protection Services Agreement with Chambers County Improvement District No. 2. Senior Planner Manager, Nathan Dietrich presented the agenda items and stated that Ordinance 14,041 approves the declaration and Resolution No. 2574 grants consent to include the 172 acres into the CCID #2. He stated that because of the other agreements that were done in the past, were addressed with the development agreement, which amended the Water Supply and Waste Disposal Agreement, along with the Emergency Protection Services Agreement. City Council Regular Meeting Minutes March 28, 2019 Page 16 of 24 A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving agenda items Ta. through 7.e. (Ordinance No. 14,041, Resolution No. 2574, Ordinance No. 14,042, Ordinance No. 14,043, Ordinance No. 14,044). The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tent Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE DECLARATIONS OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR 172 ACRES SITUATED IN CHAMBERS COUNTY, TEXAS, OWNED BY AMERIPORT, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO.2574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE INCLUSION OF 172.31 ACRES OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS IN CHAMBERS COUNTY IMPROVEMENT DISTRICT NO 2; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. I4,042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 14,043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE WATER SUPPLY AND WASTE DISPOSAL AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes March 28, 2019 Page 17 of 24 ORDINANCE NO. 14,044 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 EMERGENCY PROTECTION SERVICES AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. a. Consider a resolution adopting the revised Community Development Block Grant (CDBG)-funded Homebuyers' Assistance Program Guidelines. Planning and Community Development Director, Tiffany Foster presented the agenda item and stated that Resolution No. 2575 adopts revised guidelines for the CDBG-funded Homebuyers' Assistance Program. She stated that the program is reviewed on a frequent basis in order to maximize how the limited CDBG dollars are spent locally, but due to low participation of assistance and rising home values in Baytown, the once popular Homebuyer Assistance Program steadily declined. Additionally, she stated that as a result of ongoing dialogue with stakeholders of the program and other jurisdictions who manage their own homebuyer programs, Staff proposed the following changes to the existing program: • Increase in the maximum sales price from $140,000 to $180,000; • Increase the amount of assistance to 5% of the sales price (vs. $4,500 maximum assistance); • Implement a mortgage rate buy -down; • Implement an "approved lenders" list; • Add townhomes as an eligible structure; and • Add home warranty to the fee schedule (up to one year) CDBG Program Manager, June Tyler was available to answer questions. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving Resolution No. 2575, 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, Mayor Pro Tem Heather Betancwurth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes March 28, 2019 Page 18 of 24 RESOLUTION NO.2575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S HOMEBUYERS' ASSISTANCE PROGRAM GUIDELINES; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving consent agenda items 9.a. through 9J. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancwurth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved a. Consider an ordinance authorizing the closeout and final payment for the 2018 Annual Waterline Rehabilitation Project to SKE Construction, LLC. ORDINANCE NO. 14,045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2018 ANNUAL WATERLINE REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY- NINE THOUSAND NINE HUNDRED NINETY-ONE AND 20/100 DOLLARS ($49,991.20) TO SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving Change Order No. 4 between the Baytown Area Water Authority and Pepper Lawson Waterworks, LLC, for the BAWA 6 MGD Surface Water Treatment Plant Project. ORDINANCE NO. 14,046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 4 TO THE BAYTOWN AREA WATER AUTHORITY 6 MGD SURFACE WATER TREATMENT PLANT PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PLW WATERWORKS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes March 28, 2019 Page 19 of 24 C. Consider an ordinance authorizing the second renewal of the Annual Demolition of Residential Structures Contract with Grant Mackay Company, Inc. ORDINANCE NO. 14,047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT WITH GRANT MACKAY COMPANY, INC., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Concrete Aggregate Contract with Smart Materials, Inc. ORDINANCE NO. 14,048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF SMART MATERIALS INC., FOR THE ANNUAL CONCRETE AGGREGATE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO1100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the renewal of the Annual No -Lead Brass Fittings Contract with ACT Pipe and Supply, Inc. ORDINANCE NO. 14,049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL NO -LEAD BRASS FITTINGS CONTRACT WITH ACT PIPE AND SUPPLY, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY-FOUR THOUSAND ONE HUNDRED FIVE AND 20/100 DOLLARS ($94,105.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider a resolution authorizing the City Manager to submit an application to the Office of the Governor, Public Safety Office's Homeland Security Grant Division, in response to the FY2019 Urban Area Security Initiative - Law Enforcement Terrorism Prevention Activities (LETPA) Projects (UASI-L) solicitation on behalf of the Police Department to support the Bay Area Regional Bomb Squad Specialized Response Team. City Council Regular Meeting Minutes March 28, 2019 Page 20 of 24 RESOLUTION NO.2576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOMELAND SECURITY GRANT DIVISION, IN RESPONSE TO THE FY2019 URBAN AREA SECURITY INITIATIVE - LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES (LETPA) PROJECTS (UASI-L) SOLICITATION ON BEHALF OF THE POLICE DEPARTMENT TO SUPPORT THE BAY AREA REGIONAL BOMB SQUAD SPECIALIZED RESPONSE TEAM; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution authorizing the City Manager to submit an application to the Office of the Governor, Public Safety Office's Homeland Security Grant Division, in response to the FY2019 Urban Area Security Initiative - Regular Projects (UASI-R) solicitation on behalf of the Fire Department to sustain the Structural Collapse and Technical Rescue Specialized Response Team. RESOLUTION NO. 2577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOMELAND SECURITY GRANT DIVISION, IN RESPONSE TO THE FY2019 URBAN AREA SECURITY INITIATIVE - REGULAR PROJECTS (UASI-R) SOLICITATION ON BEHALF OF THE FIRE DEPARTMENT TO SUSTAIN THE STRUCTURAL COLLAPSE AND TECHNICAL RESCUE SPECIALIZED RESPONSE TEAM; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution authorizing the City Manager to submit an application to the Office of the Governor, Public Safety Office's Homeland Security Grant Division, in response to the VY2019 Urban Area Security Initiative - Regular Projects (UASI-R) solicitation on behalf of the Fire Department's Emergency Management Division for enhancements to the Emergency Operations Center (EOC). City Council Regular Meeting Minutes March 28, 2019 Page 21 of 24 RESOLUTION NO.2578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOMELAND SECURITY GRANT DIVISION, IN RESPONSE TO THE FY2019 URBAN AREA SECURITY INITIATIVE - REGULAR PROJECTS (UASI-R) SOLICITATION ON BEHALF OF THE FIRE DEPARTMENT'S EMERGENCY MANAGEMENT DIVISION FOR ENHANCEMENTS TO THE EMERGENCY OPERATIONS CENTER; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston -Galveston Area Council for the year 2019. RESOLUTION NO. 2579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON- GALVESTON AREA COUNCIL FOR THE YEAR 2019; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. APPOINTMENTS Mayor Capetillo noted that included in the consent agenda was the appointment of Council Member Johnson to the Houston -Galveston Area Council as the Primary Representative and Council Member Presley as the Alternate. a. Consider two (2) appointments to the Tax Increment Reinvestment Zone No. One, City of Baytown, Texas (TIRZ). City Clerk, Leticia Brysch requested that agenda items 10.a. and 10.b. be considered together as they share the same members. She stated that Ms. Shannon Ramirez, Mr. James Kilburn, and Ms. Dianna Poullard all submitted applications for consideration, in which Ms. Ramirez, was selected as the District 4 appointment. She further stated that the other vacancy was a Lee College appointment, but is currently a City Council At -Large position that's not specific to any district. Mayor Capetillo did not have an appointment for the Baytown Redevelopment Authority (BRA), which is with regards to agenda item 10.b.; therefore, he requested more time to allow him the opportunity to reach out to the community for the At -Large position appointee. City Council Regular Meeting Minutes March 28, 2019 Page 22 of 24 A motion was made by Mayor Pro Tem Heather Betancourth and seconded by Council Member Laura Alvarado approving the District 4 appointment of Ms. Shannon Ramirez to the Tax Increment Reinvestment Zone No. One, City of Baytown, Texas. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved b. Consider two (2) appointments to the Baytown Redevelopment Authority. A motion was made by Mayor Pro Tem Heather Betancourth and seconded by Council Member Robert C. Hoskins approving the District 4 appointment of Ms. Shannon Ramirez to the Baytown Redevelopment Authority. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved C. Consider one (1) appointment to the Planning and Zoning Commission. Mrs. Brysch presented the agenda item and considered the appointment of Mitchell Pearce to the Planning and Zoning Commission. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving the appointment of Mr. Mitchell Pearce to the Planning and Zoning Commission. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes March 28, 2019 Page 23 of 24 d. Consider two (2) appointments to the Baytown Library Board. Mrs. Brysch presented the agenda item and considered the appointments of Ms. Judy Jirrels and Ms. Kelly Payne to the Baytown Library Board. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David Himsel approving the appointments of Ms. Judy Jirrels and Ms. Kelly Payne to the Baytown Library Board. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved e. Receive the Mayor's appointment of a representative to the 2019 Transportation Policy Council of the Houston -Galveston Area Council. Mayor Capetillo appointed Council Member Hoskins as the Primary Representative and Ms. Heather Betancourth as the Alternate to the 2019 Transportation Policy Council of the Houston - Galveston Area Council. A motion was made by Council Member Chris Presley and seconded by Council Member David Himsel approving the appointment of Council Member Hoskins as the Primary Representative and Mrs. Heather Betancourth as the Alternate to the 2019 Transportation Policy Council of the Houston -Galveston Area Council. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved 11. MANAGER'S REPORT a. The Rivers, Lakes, Bays IN Bayous Trash Bash will be held at the Baytown Nature Center on Saturday, March 30, 2019, from 8:00 A.M. to 1:00 P.M. Mr. Cliff Hatch presented the agenda item and noted that the last brown bag lunch for the season would be at Town Square on March 29, 2019 at noon. City Council Regular Meeting Minutes March 28, 2019 Page 24 of 24 Ms. Christina Butcher noted that the Rivers, Lakes, Bays `N Bayous Trash Bash, sponsored by Covestro and Chevron Phillips, would be held at the Baytown Nature Center on Saturday, March 30`s from 8:00 A.M. to 1:00 P.M. 12. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the March 28, 2019, City Council Regular Meeting at 9:19 P.M. Y-�Ok'&& - Le cia rysch, City CleW City of Baytown