2019 08 08 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
August 08, 2019
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August
09, 2019, at 6:33 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Laura Alvarado
Council Member
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 Amens
Mayor Capetillo convened the August 08, 2019, City Council Regular Meeting with a quorum
present at 6:33 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Johnson.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on June 13, 2019.
A motion was made by Council Member Laum Alvarado and seconded by Council Member
Charles Johnson approving June 13, 2019, 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 Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
August 08, 2019
Page 2 of 2l
2. ECONOMIC DEVELOPMENT ALLIANCE
A. Receive a report from the Economic Development Alliance regarding Year Three of
the Economic Development Services Agreement for the 2016-2019 Tourism and
Promotional Services.
Mr. Chad Broke, President/CEO of the Economic Development Alliance, presented a report to
the Mayor and City Council regarding Year Three of the Economic Development Services
Agreement for the 2016-2019 Tourism and Promotional Services. He stated that their core
mission of economic development includes transportation, workforce development, public policy
and quality of life. He stated that the region includes twelve cities around the Houston Ship
Channel and is the home of the largest petrochemical complex in the country. He stated that
there were four (4) project wins in the year 2018, which was a little over $1 billion in capital
investments with 100 direct jobs created. He noted that the pipeline project includes 570%
petrochemical, 22% logistics, and I I% manufacturing. He further noted that the indirect job
creations from the chemical and petrochemical industry were bigger than any other
manufacturing in the country with some of the highest paying salaries in the nation. Additionally,
he stated that they market the pipeline to recruit qualified people for the high end paying jobs.
Mr. Burke stated that 2/3 of emissions are due to transportation, but noted that manufacturing
complexes over the years helped reduce such emissions. He noted that the total exports increased
due to some of the projects done online and once the ban on exports was lifted, five (5) crude oil
export terminals were available. He stated that transportation was needed in order to stay
competitive and move products through the region. He stated that according to the study released
last year, the Houston Ship Channel activity accounts for approximately 21 % of the states GDP.
He stated that the transportation committee, which is made up of the stakeholders in the region,
was working on a list of 30 TxDot related projects that included the Beltway 8 Direct Connectors
at SH225 and the widening of Highway 146 through the LaPorte section. He further noted that
there were 13 active projects connected with Port Road from 2019-2022.
Mr. Burke stated that they regularly attend state and federal meetings to testify, as well as,
educate leaders on the necessities for this region. He noted that the City of Baytown set the bar
on the artwork and beautification projects and further stated that Baytown would partake in a
matching grant project. Additionally, he stated that their Gulf Coast Industry Forum was
scheduled for September 18-19, 2019.
Krystal Muhammad registered to speak regarding agenda item 2.a.
Ms. Krystal Muhammad commented that Council should consider the negative impact on
tourism, along with the quality of life, of the residents with regards to a national recognized
event involving the Baytown PD and the local resident named Pamela Turner.
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August 08, 2019
Page 3 of 21
Mayor Capetillo stated that due to the active investigation regarding the event, a Mayors
Community Engagement Advisory Committee was established to address some of the issues
alluded to by Ms. Muhammad. He further noted that he was actively working with local pastors
and other leaders throughout the community to develop a trust system where people could learn
to respect and communicate with each other so that issues could be resolved. Additionally,
Mayor Capetillo extended an opportunity for Ms. Muhammad to speak with him after the
Council meeting as her concerns were off the subject of the agenda item.
b. Consider an ordinance authorizing an Economic Development Agreement for
Tourism and Promotion Services with Economic Alliance Houston Port Region to enhance
and promote tourism and the convention and hotel industry in Baytown, its vicinity,
and throughout the San Jacinto Texas Historic District.
Krystal Muhammad, Kofi Taharka, Antoinette Dorsey, and Kwame' Chokwe' all registered to
speak regarding agenda item 2.b.
Mr. Kofi Taharka, a representative of the National Black United Front (NBUF), made comments
with regards to Ms. Pamela Turner that were not related to the agenda item and was requested by
Mayor Capetillo to speak on the topic of the agenda item.
Ms. Antoinette Dorsey noted that she was not prepared to speak, but only to observe the meeting.
She further inquired as to how the City of Baytown could promote tourism in a town where
people felt like its terrorism.
Mr. Kwame' Chokwe' stated that tourism and economic development associates with citizens
from all sectors of the community that would possibly be tourist or the beneficiaries of economic
development. He stated that because of the horrific events happening to the African community
that have been publicly exposed, the Council should consider how this impacts tourism and
economic development in the City of Baytown.
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tent Robert
C. Hoskins approving Ordinance No. 14,131, regarding agenda item 2.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tom Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
August 08, 2019
Page 4 of 21
ORDINANCE NO. 14,131
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 AN ECONOMIC
DEVELOPMENT AGREEMENT FOR TOURISM AND PROMOTION
SERVICES WITH ECONOMIC ALLIANCE HOUSTON PORT REGION TO
ENHANCE AND PROMOTE TOURISM AND THE CONVENTION AND
HOTEL INDUSTRY IN THE CITY OF BAYTOWN AND ITS VICINITY;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
3. BAYTOWN YOUTH ADVISORY COMMISSION PROGRAM
a. Consider a resolution accepting a donation from Chevron Phillips Chemical
Company - Cedar Bayou Plant Corporation in support of the City of Baytown Youth
Advisory Committee (YAC) Program.
Mayor Capetillo presented the agenda item and stated that the YAC consists of twenty-five (25)
students, between the ages of 15-18, from the Goose Creek Consolidated Independent School
District and possibly the local private and/or home schools to get involved in governmental
processes. He stated that Resolution No. 2601, accepts a donation from Chevron Phillips
Chemical Company -Cedar Bayou Plant Corporation in the amount of $5,000 to support the
reactivating the YAC Program.
A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member
David Himsel approving Ordinance No. 2601, 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
Tem Robert C. Hoskins, Council Member David Himsel
Nays: None
Other: Council Member Heather Betancwurth (Abstain)
Approved
City Council Regular Meeting Minutes
August 08, 2019
Page 5 of21
RESOLUTION NO.2601
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIVE
THOUSAND AND NO/100 DOLLARS ($5,000.00) FROM CHEVRON
PHILLIPS CHEMICAL COMPANY - CEDAR BAYOU PLANT
CORPORATION IN SUPPORT OF THE CITY OF BAYTOWN YOUTH
ADVISORY COMMITTEE (YAC) PROGRAM; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
4. AMENDMENT TO THE BAYTOWN 2025 COMPREHENSIVE PLAN'S FUTURE
LAND USE PLAN FOR LAND ALONG I-10 BETWEEN NORTH MAIN AND
SJOLANDER ROAD
a. Conduct a public hearing regarding an amendment to the Baytown 2025
Comprehensive Plan Future Land Use Plan (FLUP) for properties generally located along
the Interstate Highway 10 (IH 10) corridor between the North Main Street and Sjolander
Road corridors.
At 7:10 P.M., Mayor Capetillo opened and conducted a public hearing regarding an amendment
to the Baytown 2025 Comprehensive Plan Future Land Use Plan (FLUP) for properties generally
located along the Interstate Highway 10 (I11 10) corridor between the North Main Street and
Sjolander Road corridors.
Principal Planning Manager, Chris Chavis presented the summary of the public hearing and
stated that this area was currently zoned Open Space Recreational (OR) with the majority of the
land, which is south of the I-10 corridor being OR. He stated that in order to make the area
compatible to the existing land uses and the development interests in the area, staff spoke with
the area property owners and their interests varied. He stated that staff provided the Planning and
Zoning Commission ("P&Z") with three (3) options of what the FLUP could be, in which they
selected Alternative 2, which extends the business park designation over from the Sjolander I-10
corridor and also extends to the north area across the street from the Chevron Phillips Plant. He
stated that this was appropriate with the comprehensive plan as it allow for easy on and off
access to the I-10 corridor. Additionally, he stated that this also protects the Crosby Cedar Bayou
roadway and allows for a commercial corridor designation, which allows for the some high
residential and commercial as development to be associated to the area.
With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed
the public hearing at 7:15 P.M.
b. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future
Land Use Plan for properties generally located along the Interstate Highway 10 corridor
between the North Main Street and Sjolander Road corridors.
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August 08, 2019
Page 6 of 21
Mr. Chavis stated that the summary for this agenda item remained the same as agenda item 4.a
Council Member Hoskins inquired of the reasoning determination for the inclusion of high end
residential. Mr. Chavis stated that staff looked at how the land uses transitioned from one
intensity to the next and noted that high density residential didn't mean that an area had to go to
a multi -family development, because there were various designations that could go into such
particular area.
City Manager Davis noted that the proximity of the I-10 corridor, the general direction of the
development, and along with the expressed interest were some of the considering factors for
including the high density housing, which appeared to be a better fit for the area. Additionally,
Mr. Chavis noted that the FLUP shows this area as high residential, so staff reduced the high
residential to include the business park for light industrial type uses and this discussion would
provide staff with instructions on which zoning districts to bring before council for consideration
when the City's sponsored zoning for the entire area occurred.
Mayor Capetillo inquired of the difference between the commercial corridor and the business
park and what would be the most intense zoning. Mr. Chavis stated that generally the difference
would be for a light industrial allowance or general commercial allowance. He provided
the example and stated that currently a property inside of the commercial corridor designation
would be inconsistent with the FLUP, if the property owner pursued light industrial
zoning. Additionally, he stated that the most intense zoning was general commercial and for the
business park the most intense zoning would be light industrial.
Lastly, Mr. Chavis noted that there was an existing industrial business designation across from
the Hunter Creek Subdivision and this was discussed with P&Z.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
David Hensel approving Ordinance No. 14,132, regarding agenda item 4.b. The vote was as
follows:
Ayes: Council Member Laura Alvarado, Council Member Chris Presley, Council
Member Charles Johnson, Council Member Heather Betancourth, Mayor
Pro Tem Robert C. Hoskins, Council Member David Himsel
Nays: Mayor Brandon Capetillo
Approved
City Council Regular Meeting Minutes
August 08, 2019
Page 7 of 21
ORDINANCE NO. 14,132
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 GENERALLY
LOCATED ALONG THE INTERSTATE HIGHWAY 10 CORRIDOR
BETWEEN THE NORTH MAIN STREET AND SJOLANDER ROAD
CORRIDORS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. SPECIAL USE PERMIT FOR CONSTRUCTION OF NONCONFORMING USE
AT 412 N. JONES STREET
a. Conduct a public hearing concerning a request for a Special Use Permit (SUP) as it
relates to the construction of a structure with a nonconforming use for 0.12 acres, located
at 412 North Jones Street, zoned Mixed residential at low to medium densities (SF2) zoning
district, and legally described as Lots 15 & 16 Block 5, Martin (Baytown), Harris County,
Texas.
At 7:26 P.M., Mayor Capetillo opened and conduct a public hearing concerning a request for a
Special Use Permit (SUP) as it relates to the construction of a structure with a nonconforming
use for 0.12 acres, located at 412 North Jones Street, zoned Mixed residential at low to medium
densities (SF2) zoning district, and legally described as Lots 15 & 16 Block 5, Martin
(Baytown), Harris County, Texas.
Senior Planner Manager, Nathan Dietrich presented the summary of agenda item 5.a. and stated
that Exquisite Hair, a beauty salon, located at 412 North Jones Street recently burned, in which
over 50% of the structure was damaged. He stated that the owner demolished the building
unaware of the demolition permit and then applied for a permit to rebuild, but received a
response of disapproval letter response for a nonconforming use. He stated that the owner would
like to replace the structure and continue the use at the property. Mr. Dietrich noted that this
same type circumstance happened with Cesco Solutions Inc. on Barkaloo Road and was
presented before Council. He stated that P&Z recommended approval from Council for
the business to continue operating within the neighborhood, but also recommended adding a
condition for reconstruction to include additional screening from the adjacent residential use to
the south, with a 3 ft. vegetative hedge.
Wanda Levy and Cynthia Leaks both registered to speak regarding agenda item 5.a.
Ms. Wanda Levy stated that she was available to answer any questions from Council and was
hoping for an approval, in order to resume business after being out of business for 10 months.
Mrs. Cynthia Leaks noted that she had no further comments.
At 7:32 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.a
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August 08, 2019
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b. Consider an ordinance approving a Special Use Permit (SUP) for the construction of
a structure with a nonconforming use for 0.12 acres, located at 412 North Jones Street,
zoned Mixed residential at low to medium densities (SF2), legally described as Lots 15 & 16
Block 5, Martin, Baytown, Harris County, Texas.
A motion was made by Council Member David Himsel and seconded by Council Member Chris
Presley approving Ordinance No.14,133, regarding agenda item 5.b. without the amendment
from the Planning and Zoning Commission of the 3 feet hedge. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tent Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT FOR THE CONSTRUCTION
OF A STRUCTURE WITH A NONCONFORMING USE FOR 0.12 ACRES,
LOCATED AT 412 NORTH JONES STREET, ZONED MIXED
RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2), LEGALLY
DESCRIBED AS LOTS 15 & 16 BLOCK 5, MARTIN, BAYTOWN, HARRIS
COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH
PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. SPECIAL DISTRICT BUDGETS FISCAL YEAR 2019-20
a. Conduct a public hearing on the Baytown Crime Control and Prevention District
("CCPD") Fiscal Year 2019-20 Proposed Budget. At 7:36 P.M., Mayor Capetillo opened
and conducted a public hearing regarding the Fiscal Year 2019-20 budget as adopted by
the CCPD Board of Directors.
Finance Director, Wade Nickerson presented the agenda item and summarized the public
hearing. He stated that the CCPD Board adopted the budget on July 09, 2019, and submitted it to
Council on July 11, 2019. He stated that the budget included revenues of $1,908,878
and expenditures of $2,414,682 leaving a fund balance of zero. Additionally, he noted that the
reason for the zero balance was because any leftover balance was put into the unforeseen
contingency.
Kwame' Chokwe', Krystal Muhammad, Kofi Taharka, George Milligan, Antoinette Dorsey,
Chelsie Rubin, Nikicia James all registered to speak at the public hearing regarding agenda item.
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August 08, 2019
Page 9 of 21
At 7:37 P.M., Mayor Capetillo closed the public hearing regarding agenda item 6.a
b. Conduct a public hearing on the Baytown Fire Control, Prevention, and Emergency
Medical Services District ("FCPEMSD") Fiscal Year 2019-20 Proposed Budget.
At 7:38 P.M., Mayor Capetillo opened and conducted a public hearing regarding the Fiscal Year
2019-20 budget as adopted by the FCPEMSD Board of Directors.
Mr. Nickerson summarized the public hearing and stated that the FCPEMSD Board adopted the
FCPEMSD Fiscal Year 2019-20 Proposed Budget on July 15, 2019, and submitted it to the
Council on July 26, 2019. He stated that the budget included revenues of $1,908,860
and expenditures of $3,141,922 leaving a fund balance of zero.
With the being no one registered to speak at the public hearing regarding agenda item 6.b.,
Mayor Capetillo closed the public hearing at 7:39 P.M.
7. MUNICIPAL BUDGET FISCAL YEAR 2019-20
a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2019-2020
Proposed Budget.
At 7:40 P.M., Mayor Capetillo opened and conducted a public hearing regarding the City of
Baytown Fiscal Year 2019-2020 Proposed Budget.
City Manager Davis summarized the public hearing and stated that the City of Baytown Fiscal
Year 2019-2020 Proposed Budget included necessary items that would address the
accommodations of $1.2 million of a one cent property tax reduction as discussed during the
work session. Additionally, he stated that the proposed budget would be submitted to the Council
for adoption at the next council meeting.
With there be no one registered to speak at the public hearing regarding agenda item Ta., Mayor
Capetillo closed the public hearing at 7:42 P.M.
b. Consider adopting or postponing the adoption of the City of Baytown Fiscal
Year 2019-20 Proposed Municipal Budget.
Mr. Nickerson recommended that Council postpone the adoption of the City of Baytown Fiscal
Year 2019-20 Proposed Municipal Budget to August 22, 2019, so that staff could update the
numbers for review.
A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving to postpone the adoption of the City of Baytown Fiscal Year 2019-20
Proposed Municipal Budget on or before August 31, 2019. The vote was as follows:
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August 08, 2019
Page 10 of 21
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
8. PROPOSED ORDINANCES
a. Consider an ordinance granting a variance to the maximum assistance limits of the
City's Owner -Occupied Housing Rehabilitation Program and awarding the housing
reconstruction projects located at 720 Bolster Street and 412 Stewart Street to R&R
Commercial & Residential Construction, LLC.
Director of Planning and Community Development, Tiffany Foster presented the agenda item
and stated that Ordinance No. 14,134 grants a variance that increases the maximum assistance
limits of the City's Owner -Occupied Housing Rehabilitation Program and awards two housing
reconstruction projects to R&R Commercial & Residential Construction, LLC, under the Owner -
Occupied Housing Rehabilitation Program for low-income persons, which is deemed eligible
through the Community Development Block Grant "CDBG". She noted that staff recommends
reconstruction properties that exceed rehabilitation limit of $25,000, in which were the cases for
the two (2) proposed houses. She stated that the variance request included the following:
• allows for an increase in the assistance from the 2010 standard of $64,600 to $97,200;
• allows the approval of a bid that is competitive with the 2019 housing construction market at
approximately $90 per square foot; and
• allows the maximum assistance to be more comparable to the average cost for home
construction that has occurred in the Revitalization Incentive Zone (RIZ) between 2017 and
2019, where the average is approximately $107,893.
Mrs. Foster stated that staff planned to further discuss the possibility of changing the guidelines
for implementing the housing program, as the rate for a single family residential was
approximately $90 per square foot, which is a little over $100,000 for construction. She stated
that in the States home program, in which staff seeks additional housing funds for rehabilitation,
the limit is $100,000 and further noted that in surveying other cities their limits were over
$100,000.
Council Member Johnson inquired if raising the amount would lessen the number of participants
to be awarded such funding assistance and what could he done to encourage those with the
governing authority to not decrease the funding amount for the program. In response to Council
Member Johnson's inquiries, Mrs. Foster stated that the number of participants would decrease
and it was noted that congress would be the authority to contact regarding the funding amount
for the program. Mrs. Foster further noted that supports letters are submitted annually for
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August 08, 2019
Page 11 of 21
the CDBG always done as it is in the same pot with the defense along with transportation, which
both has increased significantly while CDBG decreased.
Mayor Capetillo inquired if the funds could be used for City owned vacant property. Mrs. Foster
stated that CDBG funds could be used for City owned vacant property, but there was not a
program set aside for it.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Chris Presley approving Ordinance No. 14,134, 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 Heather Betancourth, Mayor Pro Tom Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A VARIANCE TO THE MAXIMUM ASSISTANCE
LIMITS FOR THE OWNER -OCCUPIED HOUSING REHABILITATION
PROGRAM; AWARDING THE CONTRACT FOR THE HOUSING
RECONSTRUCTION PROJECTS LOCATED AT 720 BOLSTER STREET
AND 412 STEWART STREET TO R&R COMMERCIAL & RESIDENTIAL
CONSTRUCTION, LLC, FOR THE SUM OF TWO HUNDRED TWENTYONE
THOUSAND EIGHT HUNDRED AND NO1100 DOLLARS ($221,800.00);
AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
9.
a. Consider a resolution supporting the retention of funding for Segments B, C, 1), and
1-1 of SH 99 (Grand Parkway) in the proposed 2020 Unified Transportation Program.
City Manager Davis presented the agenda item and stated that Resolution No. 2602 supports the
continuation of funding for Segments B, C, D, and 1-1 of SH 99 (Grand Parkway) in the
proposed 2020 Unified Transportation Program, as the Draft for such program calls for the
removal of the mentioned segments. Additionally, he stated that the completion of the remaining
segments of the Grand Parkway is important and necessary for the Baytown area region for
emergency, economic and environmental purposes.
City Council Regular Meeting Minutes
August08,2019
Page 12 of 21
Mayor Capetillo noted for informational purposes that the segments referenced south of the
Greater Houston area from the Hwy 288 and I59 corridor to Hwy 146 including up towards
Highway 146 north.
Council Member Hoskins noted that Baytown's membership on the Houston -Galveston Area
Council "H-GAC" approved a resolution regarding the need for this subject item.
A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
Heather Betancourth approving Resolution No. 2602, regarding agenda item 9.a. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
RESOLUTION NO.2602
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SUPPORTING THE RETENTION OF FUNDING CURRENTLY
IDENTIFIED FOR SEGMENTS B, C, D AND I-1 OF SH 99 (GRAND
PARKWAY) IN THE PROPOSED 2020 UNIFIED TRANSPORTATION
PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
10. REPORTS
a. Receive the Certification of the 2019 Anticipated Collection Rate from the City of
Baytown Tax Assessor/Collector.
Mr. Nickerson presented the agenda item and stated that the City of Baytown Tax
Assessor/Collector certified the anticipated tax collections for the 2019 tax year to be 100%.
11. CONSENT
Mayor Capetillo noted that consent agenda item 1 l.f. would be considered separately.
A motion was made by Council Member Chris Presley and seconded by Council Member David
Himsel approving consent agenda items 1 l.a. through 1 Lo. with the exception of consent agenda
item 111.. The vote was as follows:
City Council Regular Meeting Minutes
August 08, 2019
Page 13 of 21
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tent Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
a. Consider an ordinance for the acceptance and closeout of a portion of the San
Jacinto Blvd Phase 1 Project, and the partial release of retainage.
ORDINANCE NO. 14,135
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A PORTION OF THE SAN JACINTO BLVD PHASE 1
PROJECT; AUTHORIZING FINAL PAYMENT FOR SUCH PORTION IN
THE AMOUNT OF EIGHT HUNDRED EIGHTY-EIGHT THOUSAND
FORTY-THREE AND 41/100 DOLLARS ($888,043.41) TO ANGEL
BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance granting a pipeline permit to FLST, LLC d/b/a Lavaca LST
Pipeline LLC, for the installation of one (1) new 16-inch pipeline.
ORDINANCE NO. 14,136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO FLST LLC, DB/A LAVACA
LST PIPELINE LLC, TO INSTALL A NEW 16-INCH GASOLINE PIPELINE;
ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND
DIRECTING THE ACTING DIRECTOR OF ENGINEERING TO ISSUE THE
PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a Professional Services Agreement with KIT
Professionals, Inc., for permitting and compliance support services associated with the
Northeast District Wastewater Treatment Plant's Texas Pollutant Discharge Elimination
System Permit.
ORDINANCE NO. 14,137
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH KIT PROFESSIONALS, INC., FOR PERMITTING AND
COMPLIANCE SUPPORT SERVICES ASSOCIATED WITH THE
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August 08, 2019
Page 14 of 21
NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT'S TEXAS
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED SIXTY-ONE THOUSAND EIGHT HUNDRED TWENTY-
SIX AND NO/100 DOLLARS ($61,826.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance approving a Professional Service Agreement with HR Green,
Inc., for a Preliminary Engineering Report related to the CDBG Disaster Recovery
Program, Drainage System Improvements for Texas Ave.
ORDINANCE NO. 14,138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PROFESSIONAL SERVICES AGREEMENT
WITH FIR GREEN, INC., FOR PRELIMINARY ENGINEERING SERVICES
ASSOCIATED WITH THE CDBG DISASTER RECOVERY PROGRAM,
DRAINAGE SYSTEM IMPROVEMENTS PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWELVE THOUSAND EIGHTY-SIX AND 25/100
DOLLARS ($112,086.25); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the Second Amendment to the Standard Form of
Agreement for Professional Services with Resource Planning Architects, Inc., for
additional professional services associated with the Brunson Theater Renovation Project.
ORDINANCE NO. 14,139
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 STANDARD FORM OF AGREEMENT WITH
RESOURCE PLANNING ARCHITECTS, INC., FOR DESIGN, BID AND
CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE BRUNSON
THEATER RENOVATION PROJECT; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-ONE
THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS
($31,350.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
August 08, 2019
Page 15 of 21
g. Consider an ordinance renewing the Contract for the Collection of Delinquent
Taxes and Payment in Lieu of Taxes with Randall B. Strong.
ORDINANCE NO. 14,140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE AGREEMENT WITH RANDALL B. STRONG
FOR THE COLLECTION OF DELINQUENT TAXES AND PAYMENTS IN
LIEU OF TAXES AND BANKRUPTCY COLLECTIONS; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THE
ADDITIONAL PENALTY PROMULGATED BY THE CITY COLLECTED
PURSUANT TO THE TAX CODE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
h. Consider an ordinance authorizing payment to Goose Creek Consolidated
Independent School District for ad valorem tax assessment and collection services.
ORDINANCE NO. 14,141
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT FOR AD VALOREM TAX
ASSESSMENT AND COLLECTION SERVICES FOR FY 2018-2019 TO
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN
THE AMOUNT OF SEVENTY-THREE THOUSAND EIGHTY-FIVE AND
NO/100 DOLLARS ($73,085.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing an Interlocal Agreement with Harris County for
the exchange of information for public safety purposes through search engine queries of
databases.
ORDINANCE NO. 14,142
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 AN INTERLOCAL AGREEMENT WITH
HARRIS COUNTY FOR THE EXCHANGE OF INFORMATION FOR
PUBLIC SAFETY PURPOSES THROUGH SEARCH ENGINE QUERIES OF
DATABASES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider an ordinance authorizing the annual renewal of Versaterm software.
City Council Regular Meeting Minutes
August 08, 2019
Page 16 of 21
ORDINANCE NO. 14,143
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY-NINE
THOUSAND TWO HUNDRED NINETY-ONE AND NO/100 DOLLARS
($169,291.00) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND
SOFTWARE MAINTENANCE; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
k. Consider an ordinance authorizing the first renewal of the Annual Mosquito
Control Chemicals Contract to multiple vendors.
ORDINANCE NO. 14,144
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL MOSQUITO CONTROL CHEMICALS
CONTRACT WITH ADAPCO, INC., FOR ITEM NOS. 2, 16, 19, AND 22;
CLARKE MOSQUITO CONTROL PRODUCTS, INC., FOR ITEM NOS. 3, 5,
6, 8, 9, 11, 13, 14, 15, 18, AND 21; AND TARGET SPECIALTY PRODUCTS
FOR ITEM NOS. 1, 4, 7, 10, 12, 17, AND 20; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED FORTY-SEVEN THOUSAND AND NO/100 DOLLARS
($147,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
1. Consider an ordinance authorizing the purchase of one (1) Kubota KX-080 4SR3A
Track Excavator from Kubota Tractor Corporation through WOWCO Equipment
Company through the Texas Local Government Purchasing Cooperative (BuyBoard).
ORDINANCE NO. 14,145
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTEEN
THOUSAND SIX HUNDRED SIX AND 10/100 DOLLARS ($113,606.10) TO
KUBOTA TRACTOR CORPORATION THROUGH WOWCO EQUIPMENT
COMPANY THROUGH THE TEXAS LOCAL GOVERNMENT
PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF
ONE (1) KUBOTA KX080 S TRACK EXCAVATOR FOR THE PUBLIC
WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
M. Consider a resolution authorizing the City of Baytown to submit a grant application
to the U.S. Department of Justice, Bureau of Justice Assistance, for the FY19 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program on behalf of the Police
Department.
City Council Regular Meeting Minutes
August 08, 2019
Page 17 of 21
RESOLUTION NO. 2603
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S.
DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR
THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
("JAG") PROGRAM, FY2019 LOCAL SOLICITATION ON BEHALF OF THE
BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED
NINETEEN THOUSAND SEVEN HUNDRED EIGHTY-TWO AND NO/100
DOLLARS ($19,782.00); DESIGNATING AN AUTHORIZED
REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF
GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
n. Consider a resolution denying CenterPoint Energy Houston Electric, LLC's
application to increase rates submitted on or about April 5, 2019.
RESOLUTION NO.2604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DENYING THE APPLICATION OF CENTERPOINT ENERGY
HOUSTON ELECTRIC LLC, FOR AUTHORITY TO INCREASE RATES
SUBMITTED ON OR ABOUT APRIL 5, 2019; REQUIRING THE
REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; MAKING
OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
0. Consider a resolution repealing Resolution No. 1588 regarding the City of
Baytown's Mayoral Portraits Policy.
RESOLUTION NO. 2605
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING RESOLUTION NO. 1588 PASSED BY THE CITY
COUNCIL ON MAY 22, 2003, WHICH ESTABLISHED THE CITY OF
BAYTOWN MAYORAL PORTRAITS POLICY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
August 08, 2019
Page 18 of 21
11.f. Consider an ordinance accepting an easement for the Crockett Park/Baybrook
Place Blue Heron connecting trail from Harris County Flood Control District.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving to suspend consent agenda item 1 l.f. to a meeting no longer than September
30, 2019. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tent Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
12. APPOINTMENTS
a. Consider two (2) appointments to the Parks and Recreation Board.
City Clerk, Leticia Brysch presented the agenda item and considered the appointments of Mr.
Kevin Jones and Mr. Terry Sain to the Parks and Recreation Board. Both members term were set
to expire on August 31, 2019, but they desired reappointment for another three (3) year term
beginning on September 01, 2019, and ending on August 31, 2022.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Chris Presley approving the appointment Mr. Kevin Jones and Mr. Terry Sain to the Parks and
Recreation Board. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins,
Council Member David Hintsel
Nays: None
Approved
b. Consider three (3) appointments to the Baytown Area Water Authority (BAWA)
Board.
Mrs. Brysch presented the agenda item and considered the appointments of Mr. Mike Wilson,
Mr. Frank McKay III, and Mr. Harland Forrest, Jr. to BAWA Board. She stated that their terms
were set to expire on August 31, 2019, and they desired reappointment to serve another two
(2) year term which would begin September 01, 2019, and end on August 31, 2021.
City Council Regular Meeting Minutes
August 08, 2019
Page 19 of 21
A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member
Chris Presley approving the appointments of Mr. Mike Wilson, Mr. Frank McKay III, and Mr.
Harland Forrest, Jr. to BAWA Board. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
C. Consider three (3) appointments to the Baytown Fire Control, Prevention, and
Emergency Medical Services District (FCPEMSD) Board.
Mrs. Brysch presented the agenda item and considered the appointments of Mr. Gerald Baldwin,
District 4 and Mr. Maurice Watts, District 6 to the FCPEMSD Board. She stated that both of
their terms were set to expire on August 31, 2019, and they requested reappointment for another
two (2) year term which would commence on September 01, 2019, and expires on August 31,
2021. She further stated that Ms. Adelina Gomez-Abshire a District 3 appointee, term was also
set to expire on August 31, 2019, but she requested not to be re -appointed, leaving one (1)
vacancy on this board.
A motion was made by Council Member Chris Presley and seconded by Council Member David
Himsel approving the appointments of Mr. Gerald Baldwin, District 4 and Mr. Maurice Watts,
District 6 to the BAWA Board. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
d. Consider three (3) appointments to the Baytown Crime Control and Prevention
District (CCPD) Board.
Mrs. Brysch presented the agenda item and considered the appointments of Mr. Lloyd J. Herrera
(Mayor Appointee); Mr. Randall B. Strong (District 4 Appointee); and Mr. James Coker (District
6 Appointee) to the CCPD Board. She stated that their terns were set to expire on August 31,
2019, and they requested reappointment for another two (2) year term, which would commence
on September 01, 2019, and end on August 31, 2021.
City Council Regular Meeting Minutes
August 08, 2019
Page 20 of 21
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Laura Alvarado approving the appointments of Mr. Lloyd J. Herrera, Mayor Appointee;
Mr. Randall B. Strong, District 4 Appointee; and Mr. James Coker, District 6 Appointee to the
CCPD Board. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
e. Consider four (4) appointments to the Tax Increment Reinvestment Zone No. One,
City of Baytown, Texas (TIRZ).
Consider four (4) appointments to the Baytown Redevelopment Authority.
Mayor Capetillo requested that agenda items 12.e. and 121 be considered altogether.
Mrs. Brysch presented the agenda item and considered the appointments of Ms. Margie Grimes,
City Council Nomination; Mr. Terry Sain, District 2 Nomination; Ms. Shannon Ramirez, District
4 Nomination; and Mr. Mike Wilson, District 6 Nomination to the TIRZ and the BRA. She
stated their terms were set to expire on August 31, 2019, and requested reappointment to another
two-year term which would commence on September 01, 2019, and expire on August 31, 2021.
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem Robert
C. Hoskins approving the appointments of Ms. Margie Grimes, City Council Nomination; Mr.
Terry Sain, District 2 Nomination; Ms. Shannon Ramirez, District 4 Nomination; and Mr. Mike
Wilson, District 6 Nomination to the TIRZ and the BRA. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
13. MANAGER'S REPORT
City Manager Davis recognized Deputy City Manager Ron Bottoms for his years of service and
wished him the best during his retirement.
City Council Regular Meeting Minutes
August 08, 2019
Page 21 of21
Council Member Johnson acknowledged City staff for the success of the City sponsored back to
school supply event.
14. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Sections 551.071 and
551.087 of the Texas Government Code to deliberate the offer of a financial or other
incentive to a business prospect and to seek the advice of the City's attorneys on legal
matters related thereto.
At 8:08 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to
Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a
financial or other incentive to a business prospect and to seek the advice of the City's attorneys
on legal matters related thereto.
At 9:01 P.M., Mayor Capetillo reconvened the Open Meeting of the Regular Meeting and
announced that in accordance with Section 551.102 of the Texas Government Code, no action
was taken in the Executive Session.
15. ADJOURN
With there being no further business to discuss, Mayor tillo adjourned the August 08,
2019, City Council Regular Meeting at 9:01 P.M. yawl d0
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Leti a Brysch, City Cler
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City of Baytown