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2019 09 26 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 26, 2019 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 26, 2019, at 6:43 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 Brandon Capetillo Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the September 26, 2019, City Council Regular Meeting with a quorum present at 6:43 P.M., all members were present with the exception of Council Member Himsel who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins. 1. MINUTES Mayor Capetillo requested that agenda items La. and Lb. be considered together. a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on August 08, 2019. b. Consider approving the minutes of the City Council Special Meeting held on September 04, 2019. A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley approving the August 08, 2019, City Council Work Session and Regular Meetings, as well as, the September 04, 2019, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins City Council Regular Meeting Minutes September 26, 2019 Page 2 of 29 Nays: None Other: Council Member David Himsel (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Presentation regarding the 2019 Muscular Dystrophy Awareness (MDA) Month and Fill the Boot Campaign in Baytown. Ms. Came Dalton presented the agenda item and stated that the year 2019 marked the 65'a Anniversary of the fundraising efforts from the firefighters. She noted that over the 65 years, $650 million was raised and of that amount, $386,276 was raised from the citizens of Baytown. She stated that MDA was an umbrella organization, which covered 43 types of muscular dystrophy with ALS/Lou Gehrig's Disease being the most aggressive form. Additionally, she noted that within the past four (4) years, they had eight (8) drugs approved by the FDA, which possibly helped in the newborn screening registry to stop the progression of the disease. Mr. Daniel Calhoun, Baytown firefighter and Union Coordinator, expressed appreciation for being able to participate in the fundraising program for the MDA cause and fiuther noted that the collections would be during the first three (3) Saturday's in October. Agenda was taken out of order and agenda item 2.b. was suspended to another meeting due to the proclamation not being available. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Heather Betancourth approving to suspend agenda item 2.b. no later than October 30, 2019, as there was no proclamation. 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 Nays: None Other: Council Member David Himsel (Absent) Approved 2.c. The 14th Annual Grito Fest is scheduled for Saturday, October 05, 2019, at Bicentennial Park. City Council Regular Meeting Mmutes September 26, 2019 Page 3 of 29 Parks and Recreation Marketing and Special Events Coordinator, Tara Barton introduced Jacob Schaffer to provide the details of the agenda item. Mr. Schaffer expressed appreciation to the Council for their support of the Grito Fest which grew over the years. Additionally, he noted that the event would feature Mariachis, Kid's Activities, Jalapefio Eating Contest, Salsa Contest, Accordion Competition, a Crrito Competition, along with performances from dancers and Solido. d. 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 Johnny Brewer, BAWA Maintenance Technician 10 Years Jessica Gallegos, Police Patrol Officer 3. CITY OF BAYTOWN PROPOSED TAX RATE a. Conduct a public hearing at 6:45 P.M. on a proposal to adopt a tax rate of $0.80203, which is effectively a 5.34 percent increase in the tax rate. At 6:53 P.M., Mayor Capetillo opened and conducted a public hearing on a proposal to adopt a tax rate of $0.80203, which is effectively a 5.34 percent increase in the tax rate. Finance Director, Wade Nickerson presented a summary of the agenda item and stated that there was a 5.34 percent increase in the tax rate. Additionally, he stated that the tax rate was lowered at the request of Council from $0.8103 down to $0.80203, in which the adoption of such would take place on October 03, 2019. Council Member Hoskins inquired for clarity if the tax increase was on the revenue and if a home value did not increase what would happen to the tax rate. In response to Council Member Hoskins inquiry, Mr. Nickerson stated the tax increase was on the revenue and if the value on a home did not increase, the taxes, with regards to the City of Baytown portion, would decrease. Council Member Hoskins clarified that if the property value increased, the home owner would pay more per dollar for the increase in the value of the property, but that the tax rate itself would decrease. Council Member Hoskins noted that per the law the rate must be reported as a tax rate even though it was not. Council Member Hoskins further inquired where the largest percentage of revenue increases in Baytown was. Mr. Nickerson stated that there was an increase in commercial. With there being no one registered to speak regarding agenda item Is., Mayor Capetillo closed the public hearing at 6:55 P.M. City Council Regular Meeting Minutes September 26, 2019 Page 4 of 29 4. PROPOSED AMENDMENTS TO CHAPTER 126 "SUBDIVISIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS a. Conduct a public hearing concerning a request to amend the Chapter 126 "Subdivisions" of the Code of Ordinances, Baytown, Texas, (i) to establish fling dates for submissions and re -submissions of plats and (ii) to add and use associated defined terms. At 6:56 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the Chapter 126 "Subdivisions" of the Code of Ordinances, Baytown, Texas, (i) to establish filing dates for submissions and re -submissions of plats and (ii) to add and use associated defined terns. Senior Planner Manager, Nathan Dietrich presented a summary of the agenda item and stated that HB 3167 established approval procedures for plats associated with the City's subdivision regulations, specifically, requiring that the City enumerate the reasons for denial of a plat, as well as, include citations to the applicable law in its response to the applicant. Additionally, he stated that this change would encourage speed with regards to reviewing the plats within a City structure and further noted that staffs recommended amendments met such requirements. Mayor Capetillo requested details on the timeline. Mr. Dietrich stated that because a time clock is associated with the submission of a plat request, an adjustment was made to the term "filed", which means that the time clock starts when all of the comments generated from the departments are met. Additionally, he noted that, as it relates to the current process, 4 to 6 days prior to the Planning and Zoning Commission meeting all of the laws would be met. With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed the public hearing at 6:59 P.M. b. Consider an ordinance amending Chapter 126 "Subdivisions" of the Code of Ordinances, Baytown, Texas, (i) to establish filing dates for submissions and re - submissions of plats and (ii) to add and use associated defined terms. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Robert C. Hoskins approving Ordinance No. 14,175, 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, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes September 26, 2019 Page 5 of 29 ORDINANCE NO. 14,175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN GENERAL," SECTION 126-1 'DEFINITIONS," SECTION 126-2 'PLAT REQUIRED," SUBSECTION (D), SECTION 126-5 "ENFORCEMENT; PENALTIES," SUBSECTIONS (A) AND (G), SECTION 126-6 "APPEAL OF COMMISSION DECISION," SUBSECTION (A), AND SECTION 126-7 "UTILIZATION; ARTICLE II "ADMINISTRATION," DIVISION 3.7 "AMENDING PLATS," SECTION 126-115 'DEFINITIONS" AND SECTION 126-116 'PURPOSE OF AMENDING PLAT"; DIVISION 4 'REVIEW PROCEDURE," SUBDIVISION I "IN GENERAL," SECTION 126-126 "PROCESS"; SUBDIVISION II "DEPARTMENTAL REVIEW," SECTION 126-147 'PRELIMINARY APPROVAL APPLICATION"; SUBDIVISION IV "FINAL APPROVAL," SECTION 126-189 "CONTENTS OF FINAL PLAT; CONSTRUCTION APPROVAL," SUBSECTION (B); AND ARTICLE IV "IMPROVEMENTS," DIVISION 2 'DESIGN STANDARDS," SUBDIVISION IV 'BASEMENTS," SECTION 126-583 "PRIVATE EASEMENTS," SUBSECTION (4) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE II "ADMINISTRATION;" DIVISION 1 "GENERALLY" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 126-37 'PROCEDURES FOR SUBMISSIONS AND RESUBMISSIONS" (I) TO ESTABLISH FILING DATES FOR SUBMISSIONS AND RE -SUBMISSIONS OF PLATS AND (II) TO ADD AND USE ASSOCIATED DEFINED TERMS; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED REZONING AND PLANNED UNIT DEVELOPMENT OF APPROXIMATELY 7.04 ACRES OF LAND, 4300 NORTH MAIN STREET a. Conduct a public hearing concerning a request to amend the official zoning map to rezone an approximately 7.04 acre portion of 13.47 acres, located at 4300 North Main Street, legally described as part of and out of Tract 17 Abstract 709 J W Singleton, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a General Commercial (GC) Zoning District. At 7:00 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the official zoning map to rezone an approximately 7.04 acre portion of 13.47 acres, located at 4300 North Main Street, legally described as part of and out of Tract 17 Abstract 709 J W Singleton, Hams County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a General Commercial (GC) Zoning District. City Council Regular Meeting Minutes September 26, 2019 Page 6 of 29 Planning and Community Development Director, Tiffany Foster requested to summarize agenda items 5.a., 5.b., 5.c., and 5.d. altogether, as they were all related to the same topic. She stated that agenda item 5.a. requested to change a portion of the larger tract of over 13 acres to GC, which is in conjunction with an application for a planned unit development (PUD), whereby staff recommended to have one consistent underlining zoning district and then have a PUD also. She stated that the existing property of the total of more than 13 acres was GC on the portion that fronts on North Main and the portion further down Blue Herron was SF2. She noted that agenda item 5.a. was basically a request to rezone all of the property to GC in order to establish the base district for the PUD. Mrs. Foster stated that the PUD application was for the future construction of a luxury active senior living facility with commercial uses and recreation space along North Main Street. She stated that the living facility would be composed of 200 dwelling units with on -site amenities for the residents including: an activity and event center; a health, fitness and wellness center; a concierge and valet office; beauty salon; and a pet grooming salon. She stated that PUD established over an acre of green space, trails, connection to the commercial fronting North Main, as well as, other amenities on -site for the residents. Mrs. Foster stated that agenda item 5.d. considered the ordinance that blends in the development standards for the entire PUD. She stated that anything not mentioned in the variation table meant that they would revert to the minimum standards of the Unified Land Development Code (ULDC) for development. She stated that at a minimum there would everything in the ULDC for multi -family and commercial except those things that were deviated. She noted that in the GC portion the more intense commercial uses were removed, so the uses in the PUD for commercial would be things that complement the residential portion of the project. Additionally, Mrs. Foster requested that Mr. Charles Leyendecker, the applicant, provide Council with details of the project. Mr. Charles Leyendecker stated that the rental project would include 157 suites for active adults age 55 and older, 47 single story cottages with drive in garages, a large detention area, walking trails, dog park, along with other amenities mentioned by Mrs. Foster. He stated that the project would generate substantial revenue for Baytown and would be compatible with the Baytown 2025 Plan with regards to infill of vacant land within the City. He stated that there were three (3) age restricted projects in Baytown, which were all tax credit with one being full already. Additionally, he noted that Baytown had the best planning department and further noted that the project would possibly be sold, in which the age restriction could change. Council Member Presley inquired for clarity if the age restriction condition was included in the PUD. Mrs. Foster stated that the condition for the age restriction was included in the PUD. With there being no one registered to speak regarding agenda item 5.a., Mayor Capetillo closed the public hearing at 7:14 P.M. It. Conduct a public hearing concerning a request for a Planned Unit Development (PUD) for approximately 13.47 acres of land, located at the southeast corner of the Blue City Council Regular Meeting Minutes September 26, 2019 Page 7 of 29 Heron Parkway and North Main Street intersection, addressed as 4300 North Main Street, and legally described as Tract 17 Abstract 709 J W Singleton, Harris County, Texas. At 7:14 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request for a Planned Unit Development (PUD) for approximately 13.47 acres of land, located at the southeast corner of the Blue Heron Parkway and North Main Street intersection, addressed as 4300 North Main Street, and legally described as Tract 17 Abstract 709 J W Singleton, Harris County, Texas. Mrs. Foster noted that the summary remained the same as provided during agenda item 5.a., which was for the zoning change from SF2 to GC and agenda item 5.b. was for the PUD. Charles Leyendecker registered to speak regarding agenda item 5.b., but provided his comments during the public hearing regarding agenda item 5.a. At 7:15 P.M., Mayor Capetillo closed the public hearing regarding agenda item 5.b. C. Consider an ordinance amending the City of Baytown's official zoning map to rezone an approximately 7.04 acre portion of 13A7 acres, located at 4300 North Main Street, legally described as part of and out of Tract 17 Abstract 709 J W Singleton, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Chris Presley and seconded by Council Member Laum Alvarado approving Ordinance No. 14,176, regarding agenda item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Lama Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,176 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 7.04 ACRE PORTION OF 13.47 ACRES, LOCATED AT 4300 NORTH MAIN STREET, LEGALLY DESCRIBED AS PART OF AND OUT OF TRACT 17, ABSTRACT 709 J W SINGLETON, HARRIS COUNTY, TEXAS, FROM MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) TO GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF City Council Regular Meeting Minutes September 26, 2019 Page 8 of 29 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. d. Consider an ordinance approving a Planned Unit Development (PUD) for approximately 13.47 acres of land, located at the southeast corner of the Blue Heron Parkway and North Main Street intersection, addressed as 4300 North Main Street, and legally described as Tract 17 Abstract 709 J W Singleton, Harris County, Texas. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson approving Ordinance No. 14,177, regarding agenda item 5.d. 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 Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE DETAIL PLAN TO CREATE THE PLANNED UNIT DEVELOPMENT DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN CONCERNING APPROXIMATELY 13.47 ACRES OF LAND, LOCATED AT THE SOUTHEAST CORNER OF THE BLUE HERON PARKWAY AND NORTH MAIN STREET INTERSECTION, ADDRESSED AS 4300 NORTH MAIN STREET, AND LEGALLY DESCRIBED AS TRACT 17 ABSTRACT 709 J W SINGLETON, HARRIS COUNTY, TEXAS, AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS FOR THE PLANNED UNIT DEVELOPMENT DISTRICT; AUTHORIZING DEVIATIONS FROM AND ADJUSTMENTS TO DESIGN AND COMPATIBILITY STANDARDS OF THE UNIFIED LAND DEVELOPMENT CODE CONSISTENT WITH THE PLANNED UNIT DEVELOPMENT DISTRICT CREATED HEREIN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Agenda item 2.b. was reconsidered due to the proclamation becoming available. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to reconsider agenda item 2.b. The vote was as follows: City Council Regular Meeting Minute, September 26, 2019 Page 9 of 29 Ayes: Mayor Brandon Capefillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved 2.b. Present a proclamation designating October 6-12, 2019 as Fire Prevention Week Mayor Capetillo presented to Fire Chief Dobson a proclamation designating October 6-12, 2019 as Fire Prevention Week. Council Member Presley exited the meeting at 7:20 P.M. 6. PROPOSED ORDINANCES a. Consider an ordinance authorizing the issuance of the City of Baytown, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2019A, for the costs associated with City's animal control and adoption facilities and related infrastructure. Mr. Nickerson presented the agenda item and stated that Ordinance authorizes the issuance of the City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 2019A, for the costs associated with the City's animal control and adoption facilities in an amount not to exceed $7,250,000. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson approving Ordinance No. 14,178, regarding agenda item 6.a. The vote was as follows: Ayes: Mayor Brandon Capefillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,178 City Council Regular Meeting Minutes September 26, 2019 Page 10 of 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2019A; LEVYING A TAX IN PAYMENT THEREOF; SETTING CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Is. Consider an ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 2019A, to refund outstanding General Obligation and Refunding Bonds, Series 2011. Mr. Nickerson presented the agenda item and noted that the two (2) bonds were considered together for a cost savings. He stated that $10.8 million debt would be refunded, a savings of approximately 9.5% mostly in interest, on the debt over the next 10 years. Additionally, he stated that debt would be issued in an amount not to exceed $10,750,000. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Charles Johnson approving Ordinance No. 14,179, regarding agenda item 6.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tom Robert C. Hoskins Nays: None Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2019A; LEVYING A TAX IN PAYMENT THEREOF; AUTHORIZING THE ISSUANCE OF THE BONDS IN ACCORDANCE WITH SPECIFIED PARAMETERS; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2019 Page 11 of 29 C. Consider an ordinance approving the continued receipt of the share of bingo prize fee funds collected on charitable bingo activity that occur within the city limits of Baytown. A motion was made by Mayor Pro Tent Robert C. Hoskins and seconded by Council Member Charles Johnson approving agenda item 6.c. City Attorney, Ignacio Ramirez presented the agenda item and stated that pursuant to House Bill (HB) 914 enacted by the 86th Texas Legislature, in order to continue to receive a share of bingo prize fees after Jan. 01, 2020, the City Council would have to affirmatively vote to continue said collection. He stated that currently non-profit organizations that conduct bingo collected a 5% fee paid to the state, in which the state would then disburse a portion to the counties and cities. He stated that this statue required the City to say that they would continue receiving such portion; however the bingo operator would submit the fee to the City directly rather than sending to the state and then the state sending it to the City. Additionally, he noted that the surrounding cities of Seabrook, Galveston, La Marque, Houston, and Pasadena all voted to continue the collection of such fees. Mayor Capetillo inquired for clarity that the bill was passed to remove the state from collecting the fees so that the transaction would go directly from the charitable bingo operator to the municipality and nothing else would change. Mr. Ramirez agreed with Mayor Capetillo's inquiry clarification statement and further clarified that the City would receive 50% of the fee collected, which is what would have been sent to the state. Mayor Capetillo inquired of the amount collected indirectly from the state regarding this type of operation. Mr. Nickerson responded to Mayor Capetillo's inquiry and stated that within the last five (5) years, the City collected $172. Mr. Ramirez noted that in the recent years, the City was not aware that there was an election in Baytown to allow bingo and even through research with the County there was no record of such; therefore, the Baytown City Clerk's office was not granting bingo permits. Mr. Ramirez stated that it was later determined there was an election in Baytown approximately 1983. Additionally, City Clerk, Leticia Brysch noted that a permit would be issued for charitable bingo within the City limits of Baytown in Hams County. Jerry Johnson and Yvonne Thomas both registered to speak regarding agenda item 6.c. Ms. Yvonne Thomas, a representative of the Baytown Junior Forum, stated that the organization had been in Baytown since 1964 and 1000% of their funds goes back into the community, such as Habitat for Humanity, Goodfellas Toy Program, Pregnancy Resource Center, Art League of Baytown, Special Needs Program, just to name a few. She stated that they hosted bingo for the last few years, in which the last year $30,000 was raised. She stated that due to the permit issue, they had to go outside of Baytown, in which they also lost their reservation deposit of $950 from Nuevo Leon because of such. Council Member Betancourth stated that she encouraged the organization to host the event in Baytown and in doing so, with approval from City Manager Davis; their deposit of $950 would be credited towards their rental fees at a City facility due to the denial of the permit. City Council Regular Meeting Minutes September 26, 2019 Page 12 of 29 Mayor Capetillo inquired for clarity if the entire fee would be submitted to the City. Mr. Nickerson stated that the City's portion of the fee would be directly submitted to the City and further noted that the amount received would only be a portion of the amount charged to play. Council Member Alvarado inquired if the permit was only for non-profit organizations. Mr. Ramirez stated that bingo is a form of gambling, with the exception for non -profits. Mr. Jerry Johnson, the current Commander New Orleans Post 912, stated that they have a bingo in Baytown, in which has been in existence for years. He stated that the fee collected was 5% of the prizes awarded and that if the City opted out of this ordinance, any monies due to the municipality would remain with the charitable organization. Mayor Capetillo recommended that clarity be provided with regards to the fee disbursement before making a decision. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Charles Johnson approving to suspend agenda item 6.c. no later than October 30, 2019. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Mayor Pro Tem Robert C. Hoskins Nays: Council Member Heather Betancourth Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved d. Consider an ordinance authorizing a Professional Service Agreement with Fivengineering, LLC for the Barkuloo and Connally Area Water and Wastewater Annexation Project. Director of Public Works and Engineering, Frank Simoneaux presented the agenda item and stated that Ordinance No.14,180, authorizes a Professional Service Agreement with Fivengineering, LLC for the Barkuloo and Connally Area Water and Wastewater Annexation Project in an amount not to exceed $986,730.41. He stated that the proposed project was for an area annexed into the City limits in 2017, included the design and consulting services for water and wastewater facilities, a lift station design, survey, environmental and geotechnical studies, traffic control, and some tree protection. Additionally, he stated that staff reviewed rankings of consultants with the A&E Committee on July 18, 2019 and recommended approval. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 14,180, regarding agenda item 6.d. The vote was as follows: City Council Regular Meeting Minutes September 26, 2019 Page 13 of 29 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,180 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 PROFESSIONAL SERVICES AGREEMENT WITH FNENGINEERING, LLC, FOR ENGINEERING SERVICES ASSOCIATED WITH THE BARKULOO AND CONNALLY AREA WATER AND WASTEWATER ANNEXATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINE HUNDRED EIGHTY-SIX THOUSAND SEVEN HUNDRED THIRTY AND 41/100 DOLLARS ($986,730.41); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an Agreement for Administrative Services with MuniCap, Inc., related to public improvement districts and the issuance of public improvement district bonds. Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that although Baytown was not lacking in residential growth, there were three (3) challenges that included the quality and diversity in housing options; amenities in neighborhoods; and the current financing mechanism used for most projects being the municipal utility district. He stated that staff recommended the PID as a resolution to the challenges, which is a benefit as they are City controlled. He stated that Ordinance No. 14,181, authorizes an agreement for administrative services with MuniCap, Inc. ("MuniCap") related to public improvement districts ("PIDs") and the issuance of PID bonds. Additionally, he introduced Abdi Asim, Senior Vice President from MuniCap to provide more details of thew services. Mr. Abdi Asim stated that MumCap was a public financing consulting firm that works with cities, counties, and developers to create a public/private partnership to develop and redevelop projects. He stated that they've worked in PID in Texas since 2006, in which the PID was a special district self-financing tool available to developers and local governments to finance new or redevelopment projects. He stated that Chapter 372 of the Texas Local Govemment Code, as amended (the "PID Act") govems the creation and operation of PIDs, but is created by the City. He stated that the PID impacts property in such a way that a property owner would pay City Council Regular Meeting Minutes September 26, 2019 Page 14 of 29 an assessment yearly as part of their property tax, in which PID terms vary and were limited. He stated that there was no cost collateral, whereas, a property owner would only be responsible for their own assessment and could pay out their portion at any time. He stated that there was no financial obligation to the City for issuing a PID debt, but the City would be responsible for making sure that the assessments were paid on time. He stated that the PID creation would include a petition from owners of more than 50% of the appraised value of taxable property in the PID, mailings and publications of notices, a service and assessment plan, and would be collaboration between various City departments. He noted that the PID could be created within the City limits or the ETJ. Mr. Asim stated that prior to the district formation, they would work with staff to formulate a development agreement and district formation, provide an assessment plan, and bond issuance. He stated that under the terms of this agreement, MuniCap would serve as the City's administrator for public improvement districts and provide the following services: • Consulting services related to service and assessment plan and bond issuance (MuniCap will work with developers and the City to prepare a service and assessment plan for the district (ensuring the plan is in compliance with City Council's PID policy), and will assist in the preparation and issuance of bonds for the public improvements). • Administrative support services related to the special assessments (MuniCap will provide services associated with the annual determination of the special assessments to be collected from each parcel, updating the service and assessment plan and the special assessment roll, management of assessment funds and accounts, and providing public information). • Other services as needed by the City (MuniCap will provide other services as needed by the City, including delinquency management, prepayments of special assessments, arbitrage rebate services, continuing disclosure services, IRS compliance monitoring, and accounting services). Council Member Hoskins inquired if a PID could buy out a MUD. Mr. Asim stated that the City could replace a MUD with a PID, but noted that the City should keep in mind of the obligations associated with the bond. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado approving Ordinance No. 14,181, regarding agenda item 6.e. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes Septernber 26, 2019 Page 15 of29 ORDINANCE NO. 14,181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR ADMINISTRATIVE SERVICES WITH MUNICAP, INC., FOR (I) CONSULTING SERVICES RELATED TO SERVICE AND ASSESSMENT PLAN AND BOND ISSUANCE, (II) ADMINISTRATIVE SUPPORT SERVICES RELATED TO THE SPECIAL ASSESSMENTS, (III) DELINQUENCY MANAGEMENT, (IV) PREPAYMENT OF SPECIAL ASSESSMENTS, (V) ARBITRAGE REBATE, (VI) CONTINUING DISCLOSURE, (VII) IRS COMPLIANCE MONITORING, AND (VIII) ACCOUNTING SERVICES RELATED TO PUBLIC IMPROVEMENT DISTRICTS ("PIDS") AND THE ISSUANCE OF PID BONDS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Betancourth left the meeting at 7:48 P.M. and returned at 7:51 P.M. 7. CONSENT Council Member Hoskins requested that consent agenda items 7s., 7kk., Inn. through 7qq., and 7ss. through 7w. be pulled from the consent agenda. A motion was made by Mayor Pro Tom Robert C. Hoskins and seconded by Council Member Charles Johnson approving to pull consent agenda items Ts., 7kk., Inn. through 7qq., and 7ss. through 7w. and approve the remaining consent agenda items. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins Nays: None Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved a. Consider an ordinance renewing the 2018 Annual Waterline Rehabilitation Project with SKE Construction, LLC. ORDINANCE NO. 14,182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2018 ANNUAL WATERLINE REHABILITATION PROJECT FOR YEAR 3 WITH SKE CONSTRUCTION LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN City Council Regular Meeting Minutes September 26, 2019 Page 16 of 29 AMOUNT NOT TO EXCEED ONE MILLION AND NO1100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance approving Change Order No. 12 and final closeout of the San Jacinto Blvd. Phase 1 Project. ORDINANCE NO. 14,183 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 12WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE SAN JACINTO BLVD PHASE 1 PROJECT, DECREASING THE CONTRACT AMOUNT BY SIXTY-THREE THOUSAND AND N0/100 DOLLARS ($63,000.00); AUTHORIZING THE CLOSEOUT OF THE SAN JACINTO BLVD PHASE 1 PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a professional service agreement with Caroni Engineerings, Inc. to update the City of Baytown's Alternative Capacity Requirements with the Texas Commission on Environmental Quality (TCEQ). ORDINANCE NO. 14,184 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC., TO UPDATE THE CITY OF BAYTOWN'S ALTERNATIVE CAPACITY REQUIREMENTS WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND FOUR HUNDRED NINETY- SEVEN AND NO1100 DOLLARS ($102,497.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Professional Service Agreement with Binkley & Barfield, Inc., for the 2019 Street Reconstruction Project. ORDINANCE NO. 14,185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BINKLEY & BARFIELD, INC., FOR THE 2019 STREET RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED FORTY-TWO THOUSAND FOUR HUNDRED EIGHTY AND NO1100 City Comeil Regular Meeting Minutes September 26, 2019 Page 17 of 29 DOLLARS ($442,480.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordnance authorizing the purchase of five (5) Ford Trucks from Silsbee Ford, through GoodBuy Purchasing Cooperative, for the Public Works Department. ORDINANCE NO. 14,186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY- SEVEN THOUSAND ONE HUNDRED TWENTY-THREE AND 25/100 DOLLARS ($157,123.25) TO SILSBEE FORD INC., THROUGH GOODBUY PURCHASING COOPERATIVE, FOR THE PURCHASE OF FIVE (5) FORD TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the purchase of one (1) 2019 Model No. 7934 Pipehunter with tandem trailer from Texas Underground, Inc., through BuyBoard, for the Public Works Department. ORDINANCE NO. 14,187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-TWO THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($62,5W.00) TO TEXAS UNDERGROUND, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE (1) 2019 MODEL NO. 7934 PIPEHUNTER WITH TANDEM TRAILER FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of one (1) John Deere 5090E Tractor with batwing and one (1) John Deere 6X4 Gator from Brookside Equipment through the Texas Local Government Purchasing Cooperative (BuyBoard) for the Public Works Department. ORDINANCE NO. 14,188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-NINE THOUSAND THREE HUNDRED FOURTEEN AND 66/100 DOLLARS ($79,314.66) TO BROOKSIDE EQUIPMENT, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE City Council Regular Meeting Mmutes September 26, 2019 Page 18 of29 PURCHASE OF ONE (1) JOHN DEERE 5090E TRACTOR WITH BATWING AND (1) JOHN DEERE 6X4 GATOR FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the renewal of the Annual Sludge Disposal Contract with Sprint Transport, LLC. ORDINANCE NO. 14,189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH SPRINT TRANSPORT, LLC, F/K/A RUSTIN TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF TWO HUNDRED THIRTY-FIVE THOUSAND THREE HUNDRED SEVENTY-NINE AND 52/100 DOLLARS ($235,379.52); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing Amendment No. 1 to the Services Agreement with The University of Texas M.D. Anderson Cancer Center in furtherance of its Healthy Communities initiatives. ORDINANCE NO. 14,190 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 FIRST AMENDMENT TO THE SERVICES AGREEMENT WITH THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the sole source purchase of Axiall Accu-Tab Hypochlorite Solution Tablets from Progressive Commercial Aquatics, Inc., for water park maintenance. ORDINANCE NO.14,191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($140,000.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR THE SOLE - SOURCE PURCHASE OF AXIALL ACCU-TAB HYPOCHLORITE SOLUTION TABLETS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2019 Page 19 of 29 k. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts, and supplies for meter maintenance from Core & Main LP. ORDINANCE NO. 14,192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($290,000.00) TO CORE & MAIN LP, FOR THE PURCHASE OF NEPTUNE WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance approving a contract with the Bay Area Rehabilitation Center for park cleaning, janitorial services and titter removal. ORDINANCE NO. 14,193 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 CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING, JANITORIAL SERVICES, AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FOUR THOUSAND NINE HUNDRED NINETY- TWO AND NO/100 DOLLARS ($104,992.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Consider an ordinance authorizing an Industrial District Agreement with Lone Star NGL Asset Holdings II, LLC. ORDINANCE NO. 14,194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH LONE STAR NGL ASSET HOLDINGS II, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing an industrial District Agreement with HMT LLC. ORDINANCE NO. 14,195 City Council Regular Meeting Minutes September 26, 2019 Page 10 of 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HMT LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing an Industrial District Agreement with West Texas Drum Company, LTD. ORDINANCE NO. 14,196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH WEST TEXAS DRUM COMPANY, LTD.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing an Industrial District Agreement with Air Products, LLC. ORDINANCE NO. 14,197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR PRODUCTS LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing an Industrial District Agreement with Monument Chemical Baytown, LLC. ORDINANCE NO. 14,198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH MONUMENT CHEMICAL BAYTOWN, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 1, LLC. ORDINANCE NO. 14,199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE City Council Regular Meeting Minutes September 26, 2019 Page 21 of 29 AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERIPORT BUILDING 1, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing an Industrial District Agreement with Duna USA, Inc. ORDINANCE NO. 14,200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH DUNA USA, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance authorizing an Industrial District Agreement with NRG Texas Power LLC. ORDINANCE NO. 14,201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH NRG TEXAS POWER LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider an ordinance authorizing an Industrial District Agreement with Taylor -Wharton America, Inc. ORDINANCE NO. 14,202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH TAYLOR-WHARTON AMERICA INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. W. Consider an ordinance authorizing an Industrial District Agreement with Pure Salt Baytown LLC. ORDINANCE NO. 14,203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT City Council Regular Meeting Minutes September 26, 2019 Page 22 of 29 AGREEMENT WITH PURE SALT BAYTOWN, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. X. Consider an ordinance authorizing an Industrial District Agreement with Sumner Baytown Buildings, LLC. ORDINANCE NO. 14,204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH SUMNER BAYTOWN BUILDINGS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. y. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 11, LLC. ORDINANCE NO. 14,205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERIPORT BUILDING 11, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Z. Consider an ordinance authorizing an Industrial District Agreement with CP Chambers Land Development, LLC. ORDINANCE NO. 14,206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CP CHAMBERS LAND DEVELOPMENT, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. aa. Consider an ordinance authorizing an Industrial District Agreement with NSN Properties, LLC. ORDINANCE NO. 14,207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH NSN PROPERTIES, L.L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2019 Page 23 of 29 bb. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 8, LLC. ORDINANCE NO. 14,208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERIPORT BUILDING 8, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. CC. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 7, LLC. ORDINANCE NO. 14,209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERIPORT BUILDING 7, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. dd. Consider an ordinance authorizing a Payment in Lieu of Taxes Agreement with S.A.F.E. Chemicals, LLC. ORDINANCE NO. 14,210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH S.A.F.E. CHEMICALS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ft. Consider an ordinance authorizing a Payment in Lieu of Taxes Agreement with Alajen Bay 10 Properties, LLC. ORDINANCE NO. 14,211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH ALAIEN BAY 10 PROPERTIES, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ff. Consider an ordinance authorizing a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with MSM Resources Corporation. City Couucil Regular Meeting Minutes September 26, 2019 Page 24 of 29 ORDINANCE NO. 14,212 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 A PROFESSIONAL SERVICES AGREEMENT WITH MSM RESOURCES CORPORATION; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. gg. Consider an ordinance authorizing an Interlocal Cooperation Contract with the Texas Department of Public Safety regarding the Failure to Appear Program. ORDINANCE NO. 14,213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY REGARDING THE FAILURE TO APPEAR PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. hh. Consider an ordinance authorizing the extension of a Services Agreement with CareHere Management, PLLC, for the administration of an employee wellness clinic, including medical services and supplies. ORDINANCE NO. 14,214 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 SECOND AMENDMENT TO AND EXTENSION OF THE AGREEMENT WITH CAREHERE MANAGEMENT, PLLC, FOR THE ADMINISTRATION OF AN EMPLOYEE HEALTH CLINIC, INCLUDING MEDICAL SERVICES AND SUPPLIES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO1100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance authorizing the City Manager to negotiate with Concentra Health Services, Inc., for the administration of an employee health clinic, including medical services and supplies for the one-year term commencing January 01, 2020. ORDINANCE NO. 14,215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A SERVICES AGREEMENT WITH CONCENTRA HEALTH City Council Regular Meeting Minutes September 26, 2019 Page 25 of 29 SERVICES INC., FOR AN EMPLOYEE HEALTH CLINIC, INCLUDING MEDICAL SERVICES, SUPPLIES AND LOCATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED TWENTY-EIGHT THOUSAND AND NO/100 DOLLARS ($528,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. jj. Consider an ordinance authorizing an Interlocal Agreement with Lee College District for the use of their Wellness Center and Swimming Pool by the City Council Members and City employees. ORDINANCE NO. 14,216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE USE OF THE WELLNESS CENTER AND SWIMMING POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel Fuel Contract to Gold Star Petroleum, Inc. ORDINANCE NO. 14,217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT WITH GOLD STAR PETROLEUM, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($1,200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. mar. Consider an ordinance authorizing a License Agreement with Harold I. Maris to allow a certain awning at 207 W. Defee to protrude into the right-of-way. ORDINANCE NO. 14,218 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 LICENSE AGREEMENT WITH HAROLD I. MARIS TO ALLOW AN AWNING AT 207 W. DEFEE AVENUE TO PROTRUDE INTO THE RIGHT-OF-WAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 26, 2019 Page 26 of 29 rr. Consider a resolution directing the preparation of a service plan for the involuntary annexation of certain property situated in Industrial District No. 3, Chambers County, Texas, and formerly subject to an industrial district agreement between the City of Baytown and CenterPoint Energy Houston Electric, LLC. RESOLUTION NO.2613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF CERTAIN PROPERTY OWNED BY CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, AND DESCRIBED AS APPROXIMATELY 10.304 ACRES OUT OF THE J ARMSTRONG SURVEY, CHAMBERS COUNTY, TEXAS; APPROXIMATELY 15.950 ACRES OUT OF THE WILLIAM BLOODGOOD SURVEY, CHAMBERS COUNTY, TEXAS; APPROXIMATELY 33.172 ACRES OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 22, CHAMBERS COUNTY TEXAS; APPROXIMATELY 0.530 ACRES OUT OF THE J. STEELE SURVEY, ABSTRACT 227, CHAMBERS COUNTY, TEXAS; APPROXIMATELY 4.421 ACRES OUT OF THE J. STEELE SURVEY, ABSTRACT 227, CHAMBERS COUNTY, TEXAS; APPROXIMATELY 15.780 ACRES OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 22, CHAMBERS COUNTY TEXAS; APPROXIMATELY 10.870 ACRES OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 22, CHAMBERS COUNTY TEXAS; APPROXIMATELY 1.52 ACRES OUT OF THE J GRANT SURVEY, ABSTRACT 102, CHAMBERS COUNTY, TEXAS; AND APPROXIMATELY 59.83 ACRES OUT OF THE CHRISTIAN SMITH SURVEY, ABSTRACT 22, CHAMBERS COUNTY TEXAS; ALONG WITH SUCH PROPERTY, IF ANY, NECESSARY TO MAKE SUCH PROPERTY CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ww. Consider a resolution nominating a person to serve on the Board of Directors of the Chambers County Appraisal District, RESOLUTION NO, 2614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING ONE OR MORE CANDIDATES FOR POSITIONS ON THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Mayor Pro Tem Robert C. Hosicins and seconded by Council Member Heather Betancourth approving to suspend consent agenda items 7,s. and 7kk, to a meeting no later than November 30, 2019. The vote was as follows: City Council Regular Meeting Minutes September 26, 2019 Page 27 of 29 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved 7.s. Consider an ordinance authorizing an Industrial District Agreement with CenterPoint Energy Houston Electric, LLC. 7.kk. Consider an ordinance authorizing the purchase of Microsoft Office 2019 from SHI Government Solutions. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Heather Betancourth approving to suspend indefinitely consent agenda items 7nn. through 7qq. and 7ss. through 7w. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins Nays: None Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved 7.nn. Consider a resolution directing the preparation of a service plan for the involuntary annexation of certain property described 70.259 acres of land situated in the John Ijams Survey, Abstract Number 15 and the John Steel Survey, Abstract Number 227, Chambers County, Texas, which property is in Industrial District No. 3 and owned by Sumner Baytown Buildings, LLC, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown. 7.00. Consider a resolution directing the preparation of a service plan for the involuntary annexation of certain property situated in Industrial District No. 3 and owned by Pure Salt Baytown, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown. 7.pp. Consider a resolution directing the preparation of a service plan for the involuntary annexation of the property described as 11.568 acres of land situated in the W.D. Smith City Commis Regular Meeting Minutes September 26, 2019 Page 28 of 29 Survey, Abstract 23, Chambers County, Texas, and formerly subject to an industrial district agreement between the City of Baytown and NSN Properties, LLC. 7.qq. Consider a resolution directing the preparation of a service plan for the involuntary annexation of certain property situated in Industrial District No. 3, Chambers County, Texas, owned by CP Chambers Land Development, LLC, and described as approximately (1) 350.685 acres out of the Thomas Shepherd Survey, Abstract 229, (ii) 10 acres located within the Thomas Shepherd Survey, Abstract 229, and (111) 9.082 acres out of the C. Smith Survey, Abstract 22, Chambers County, Texas, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown. 7.ss. Consider a resolution directing the preparation of a service plan for the involuntary annexation of certain property situated in Industrial District No. 3, owned by Ameriport Building 8, LLC, and described as approximately 3.559 acres of land situated in the George L Short Survey, Abstract 228, Chambers County, Texas, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown. 71t. Consider a resolution directing the preparation of a service plan for the involuntary annexation of the property situated in Industrial District No. 3, owned by Ameriport Building 11, LLC, and described as approximately 14.167 acres of land situated in the R A Porter Survey, Abstract 205, Chambers County, Texas, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown. 7.uu. Consider a resolution directing the preparation of a service plan for the involuntary annexation of the property situated in Industrial District No. 3, owned by Ameriport Building 7, LLC, and approximately 17.110 acres of land, being all or a part of Restricted Reserve A out of the Section 8 of the Ameriport Minor Plat, Chambers County, Texas, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown. 7.w. Consider a resolution directing the preparation of a service plan for the involuntary annexation of certain property described as 11.2600 acres of land situated in the R.A. Porter Survey, Abstract No. 205, Chambers County, Texas, and formerly subject to an industrial district agreement between the City of Baytown and Ameriport Building 1, LLC, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown. 8. APPOINTMENTS a. Consider confirmation of the City Manager's appointment of an Assistant City Manager. City Manager Davis presented the agenda item to consider his appointment of Nick Woolery as an Assistant City Manager. City Council Regular Meeting Minutes September 26, 2019 Page 29 c,1729 A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem Robert C. Hoskins approving City Manager Davis' appointment of Nick Woolery as an Assistant City Manager. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pm Tem Robert C. Hoskins Nays: None Other: Council Member Chris Presley (Not Present for Vote), Council Member David Himsel (Absent) Approved 9. MANAGER'S REPORT a. The Annual Nurture Nature Festival will be held at the Baytown Nature Center on Saturday, October 12, 2019, from 10:00 A.M. to 4:00 P.M. Ms. Barton presented the agenda item and stated that the annual Nurture Nature Festival returns to the Baytown Nature Center, 6213 Bayway Drive on Saturday, October 12, from 10:00 A.M. to 4:00 P.M.; additionally, she noted that offsite parking and shuttle transportation would be available. 10. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the September 26, 2019, City Council Regular Meeting at 8:20 P.M. 4x .. 31 pm,aaaeuu� ^ x Leticia Brysch, City Cler Nd�e City of Baytown f1y',.r ,,