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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. City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes August 08, 2019 Page 8 of 21 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. City Council Regular Meeting Minutes 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: City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 Y �( M t0 -Ad P4 Leti a Brysch, City Cler '0O1Ays�' City of Baytown