2019 12 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
December 12, 2019
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
December 12, 2019, at 6:32 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 Arms
Mayor Capetillo convened the December 12, 2019, City Council Regular Meeting with a quorum
present at 6:32 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 September 12, 2019.
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem
Robert C. Hoskins approving the September 12, 2019, City Council Work Session and Regular
Meeting minutes. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pm Tern Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
December 12, 2019
Page 2 of 18
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms. Samantha Eromenok has requested to appear before the City Council
regarding the homeless population and drug issues in parts of the City.
Ms. Samantha Eromenok stated that she lives in the Eva Maude Subdivision and noted that for
some time a homeless man was occupying the median of North Alexander and Lanier Drive. She
stated that she contacted Ms. Garcia, the assistant to the Chief of Police, with this concern and
was informed that nothing could be done. She stated that contact was also made to her district
council member, in which her husband received notice that the council member was aware of the
concern. Additionally, Ms. Eromenok requested that the homeless individual be removed as the
area had accumulated litter and visible drug transactions.
Mayor Capetillo noted that he was made aware of the situation and it would be addressed.
b. Houston/Galveston StormReady Advisory Board would like to congratulate the City
of Baytown on StormReady Recognition. The success is clearly a result of leadership, hard
work and commitment to the safety of the residents of Baytown.
Dan Riley, National Weather Service Warning Coordination Meteorologist, presented the agenda
item and stated that StonnRcady was a certification program from the national weather
service to give credit to communities that go the extra mile regarding weather planning. He noted
that the City of Baytown communicated greatly with the national weather service, as well as, the
public and kept the community informed of the weather headed to the area. He stated that the
emergency management team continued to be active regarding weather related outreach,
hurricane preparedness, and flood preparedness. Mr. Riley stated that Baytown was one of the
first communities in southeast Texas to become a Weather Ready Nation Ambassador, which is a
program of weather service directed at educating the public on what to do in the event of severe
weather. Additionally, he presented the City of Baytown with a StormRcady sign.
C. Presentation of a Certificate of Distinction in Performance Management to the City
of Baytown from the International City/County Management Association (ICMA).
Public Affairs Director, Mark Miller, presented the agenda item and stated that Baytown was one
of 63 cities nationwide recognized for performance management by the 1CMA. Additionally, he
stated that as pan of ICMA's efforts to advance the practice of professional local government
management, ICMA awards certificates each year to recognized programs that instill a culture of
such performance.
d. Recognize City of Baytown Employees for their Years of Service.
Director of Human Resources, Carol Flynt presented the City of Baytown employees for their
years of service.
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December 12, 2019
Page 3 of 18
25 Years
John Lansford, Police Patrol Officer
Derrick Gaskin, Fire Battalion Chief
30 Years
Minh Kotlarz, Parks Foreman
3. PROPOSED ORDINANCES
a. Consider an ordinance amending the City of Baytown's official zoning map to
rezone approximately 3.67 acres, located at 6700 Interstate Highway 10, and legally
described as Tract IA-1 Abstract 683 W Ritchie Harris County, Texas, from an Open
Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District.
Director of Planning and Community Development, Tiffany Foster, presented the agenda item
and stated that this item was previously held over from the last City Council meeting since the
property owner was unable to attend. Additionally, she stated that there was an existing building,
along with an improved parking area, on the property and the owner requested to rezone the
property from Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning
District.
Council Member Presley inquired of the approximate square footage of the building. Mrs. Foster
noted that the building was approximately 8,500 square feet.
Council Member Himsel inquired as to how long the building was abandoned. Mrs. Foster stated
that the building was abandoned prior to the year 2017, but noted that she was not certain m to
how long.
Mayor Capetillo inquired if LI uses would be available for the existing building and if future
expansion of the building would be allowed. Mrs. Foster stated that LI uses would be allowed as
the building currently existed and with regards to future expansion she noted that all
development standards with LI would come in to play; therefore, with the OR zoning being
around this particular parcel, the buffers would make it not possible. Additionally, Mrs.
Foster noted that if the rezoning did not occur, LI uses would not be allowed in the building and
if zoned for General Commercial (GC) some uses would be limited.
During further discussion, Mrs. Foster stated that the property owner was seeking to lease or sale
with the intent for an equipment rental business which was not allowed, as this type of outdoor
storage use was only accessory in GC.
Mayor Capetillo inquired if any type of screening in LI use would be required. Mrs. Foster stated
that some of the uses in LI require screening, but it would depend on the exact uses on all of the
conditions that would be included.
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December 12, 2019
Page 4 of 18
Council Member Alvarado inquired if there were comments from any of the surrounding area
property owners. Mrs. Foster noted that they were aware of a project in the design phase to the
west; whereas, the property owners were informed of each other's projects and were given
contact information for one another. Mrs. Foster further noted that the existing uses going
towards the east side were industrial in nature, but there were no questions received from the
owner of such.
Council Member Betancourth inquired as to how LI aligned with the Future Land Use Plan
(FLUP). Mrs. Foster stated that LI was consistent with the FLUP and noted that in August there
was an amendment to the FLUP that extended a business park, which is a designation to allow LI
use to this property.
David Evegliate registered to speak regarding agenda item 3.a.
Mr. Evegliate, the property owner, stated that they were trying to stay consistent with the
existing use and the FLUP until they were annexed. He clarified that the previous building,
which is no longer there, was 16,000 square feet, but currently there was a 16,000 square feet
slab and an 8,000 square feet building. Mr. Evegliate further inquired of the definition of
expansion of the building. In response to Mr. Evegliate's inquiry, Mrs. Foster stated that she
would not be able to provide an answer without an actual layout of the subject.
Council Member Hoskins inquired if the fees associated with the item were waved. Mrs.
Foster stated that there was an ordinance that waived the fees in this area.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving Ordinance No. 14,285, 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, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,285
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 3.67 ACRES, LOCATED AT
6700 INTERSTATE HIGHWAY 10, AND LEGALLY DESCRIBED AS
TRACT IA-1, ABSTRACT 683, W. RITCHIE, HARRIS COUNTY, TEXAS,
FROM AN OPEN SPACEIRECREATION (OR) ZONING DISTRICT TO A
LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS
City Council Regular Meeting Minutes
December 12, 2019
Page 5 of 18
($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing an Interlocal Agreement with Harris County
Flood Control District for the South Main Storm Sewer Project.
Public Works and Engineering Director, Frank Simoncaux presented the agenda item and stated
that Ordinance No. 14,286 authorizes an Interlocal Agreement with Harris County Flood Control
District (the "District") for the South Main Storm Sewer Project (the "Project"). He stated that
the project was broken into two phases with the first phase being primarily funded through the
Community Development Block Grant (CDBG) that included 750 feet of street storm drainage
and detention along South Main. He stated that the second phase would be mostly funded by
the Harris County Flood Control District Grant, in which the grant requires 50% participation
from the City of Baytown, in which the CDBG grant from phase one would go towards the 50%
match. Mr. Simoneaux stated that phase two included improvements to South Main street from
the point where phase one terminated to Republic Avenue, along with a detention pond. He
stated that the CDBG was approximately $1.8 million and the Harris County Flood Control
District grant was $2.26 million. He further stated that the combined project was estimated to
cost $4.52 million for construction and there was a design contract for preliminary engineering
for both phases for $112,000, along with, a final design for phase one of $285,000. Additionally,
Mr. Simoneaux stated that the City of Baytown would have to fimd the design portion of phase
two, which Council would see in the year 2020.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving Ordinance No. 14,286, regarding agenda item 3.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,286
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 INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR
THE SOUTH MAIN STORM SEWER PROJECT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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December 12, 2019
Page 6 of 18
C. Consider an ordinance authorizing the Professional Service Agreement with
5engineering, LLC., for the Sjolander and Crosby Cedar Bayou Water and Wastewater
Annexation Project.
Mr. Simoneaux presented the agenda item and stated that Ordinance No. 14,287 authorizes a
Professional Service Agreement with 5engineering, LLC, for the Sjolander and Crosby Cedar
Bayou Water and Wastewater Annexation Project, in an amount not to exceed $917,221.66.
Additionally, he stated that this area was annexed in the year 2017, and the City is required to
provide the area with utility services.
Council Member Johnson inquired as to how long after being annexed does the City have to
provide services. Mrs. Foster stated that upon annexation the City has to provide similar utilities
to the type of land between 2 1/2 to 4 1/2 years.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Charles Johnson approving Ordinance No. 14,287, regarding agenda item 3.c. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,287
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 FIVENGINEERING, LLC, FOR
ENGINEERING SERVICES ASSOCIATED WITH THE SJOLANDER AND
CROSBY CEDAR BAYOU WATER AND WASTEWATER ANNEXATION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED NINE HUNDRED SEVENTEEN
THOUSAND TWO HUNDRED TWENTY-ONE AND NO/100 DOLLARS
($917,221.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. PROPOSED RESOLUTIONS
a. Consider a resolution accepting a donation from Exxon Mobil Corporation in
support of a community project located in West Baytown.
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December 12, 2019
Page 7 of 18
Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the
City of Baytown accepted a $15,000 donation in support of a community project located in West
Baytown.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
David Himsel approving Resolution No. 2627, regarding agenda item 4.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
RESOLUTION NO.2627
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF SIXTEEN
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($16,500.00) FROM
EXXON MOBIL CORPORATION FOR PARKS IN COUNCIL DISTRICT NO.
1: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution granting the petition of Andal Saw USA LLC, for the
proposed annexation of approximately 63.57 acres, located along the northern boundary of
FM 565 Road approximately 1,000 feet east of FM 1405 Road, addressed as 1411 S. FM
565, and situated in the R.A. Porter Survey, Abstract 205 and the B.B.B. & C. Railroad
Survey, Abstract 61, Chambers County, Texas.
Mrs. Foster presented the agenda item and stated that the petitioner requested to annex the
subject property, in which there was development on it. She noted that the petitioner had a large
portion of land already in the City limits. Additionally, she stated that after receiving the
petitioner's request, staff would work with the departments to do a service plan with the hearings
and readings to follow.
A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
David Himsel approving Resolution No. 2628, 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 Tern Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
RESOLUTION NO.2628
City Council Regular Meeting Minutes
December 12, 2019
Page 8 of 18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING THE PETITION OF JINDAL SAW USA, LLC, FOR THE
PROPOSED ANNEXATION OF APPROXIMATELY 63.57 ACRES,
LOCATED ALONG THE NORTHERN BOUNDARY OF FARM -TO -
MARKET 565 ROAD APPROXIMATELY 1,000 FEET EAST OF FARM -TO -
MARKET 1405 ROAD, ADDRESSED AS 1411 S. FARM -TO -MARKET 565
ROAD, AND SITUATED IN THE R.A. PORTER SURVEY, ABSTRACT 205
AND THE B.B.B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS
COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE
PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. REPORTS
a. Receive and discuss a report regarding the Brunson Entrepreneurial Center.
At 7:27 P.M., Mayor Capetillo left the meeting and Mayor Pro Tern Hoskins presided in his
stead.
At 7:30 P.M., Mayor Capetillo returned to the meeting.
Mr. BJ Simon of the Baytown -West Chambers County Economic Development Foundation
presented the report concerning the Brunson Entrepreneurial Center. He noted that the project
was rebranded to the Brunson Entrepreneurial Center and in 2017, a survey was done to
understand what the ecosystem to entrepreneurship was, in which the items reviewed of such
included technical assistance, networks, capitalization, and community infrastructure. He further
noted that incubation space, along with, co -working space was lacking. He explained that
incubation offered space, flexible lease terms, access to technology, and technical assistance and
proximity to other same like entrepreneurs. He stated that some of the types of incubators that
exist across the country included mixed use, technology, manufacturing, and service. He noted
that the hybrid was the most appropriate for the marketing opportunity in Baytown. Mr. Simon
stated that the Brunson Entrepreneur Center was a co -working space and entrepreneur
development consistent with the EDF's Economic Vitality Program (EVP) that was adopted in
2017. He stated that the biggest challenge was getting Brunson stabilized and finding
it's most appropriate management, but noted that the foundation was moving forward. He stated
that the entrepreneur development recommendation came from the EVP with the timeline to start
in 2020. He defined co -working as an environment for the use to share equipment, ideas, and
knowledge. He stated that according to the Houston Chronicle, co -working space and other work
environments occupy more than 1.4 million square feet in buildings throughout the Houston
area, which is three times as much since 2010. He further stated that CBRE estimated that by
2030, there would be approximately 600 million square feet of flexible space.
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December 12, 2019
Page 9 of 18
Mr. Simon stated that the targeted space for such users included finance, insurance, and real
estate professionals, in which potential employment would increase with such use. He noted that
potential users may also include e-learners, artists, direct sales professionals, instructional
designers, coaches/speakers, trainers, consultants, software developers, social media consultants,
content writers/bloggers, project professionals, community development experts, creative
professionals and real estate agents/brokers. He stated that the point of obtaining access to a unit
would be through the Nexudus portal with the proposed cost for part-time access of $125
monthly and full-time access of $175 monthly. He stated that other proposed access fees
included dedicated full-time desk at $275 monthly, a ten day pass at $8.50 a day or a 41 day pass
at a cost of $10 a day.
Further during the presentation, Mr. Simon stated that the plan was to utilize the market platform
for this program through Houston Business Journal, ABC 13, SBDC Network, and possibly
coworker.com.
Council Member Johnson recommended having designated parking for the renters. Additionally,
Council Member Alvarado recommended having a fee for such designated space.
b. Receive and discuss a presentation regarding the Imagine Baytown Strategic Plan
Year 2 Progress Report.
Assistant City Manager, Nick Woolery presented the agenda item and stated that in 2017, City
Council adopted a 5-year Strategic Plan based on the input from citizens during the Imagine
Baytown process. He stated that Year 1 was implemented from October 2017 through September
2018 and Year 2 was completed in October 2019. He noted that the Strategic Planning Advisory
Committee was presented with a similar report and the feedback was positive. Mr. Woolery
stated that there was significant progress on the Year 2 strategies that were still in progress,
which included revisiting franchise agreements to address low -hanging wires and leaning
poles; augmenting the egress safety at Fire Station 1, augmenting Animal control officer
deployment to potentially include evenings, and stiffening the penalties for loose/stray animals.
With regards to community reputation and image, Mr. Woolery noted that some of the key
successes for Year 2 included the implementations of the new Public Affairs team, the second
phase of Here, We Grow Giants campaign, as well as, a mini mural program; the replacement of
street signage; median landscaping improvements on Garth Road and Rollingbrook; the
installation of trash fences at several prominent commercial locations; funding secured and
design started on the new Animal Control & Adoption Center; and the addition of a new TxDOT
right-of-way maintenance crew. He noted that the decrease in crime rate continues to be a
positive trend. Additionally, he stated that the three main initiatives for Year 3 regarding
reputation and image was to build relationships to attract and market high quality housing in
Baytown, continue to enrich the marketing of Baytown's unique qualities, and enhance overall
City appearances through targeted infrastructure.
With regards to infrastructure and mobility, Mr. Woolery stated that the key successes included
the completions of San Jacinto Boulevard, Hunt Road from John Martin to North Main, and the
Centerpoint LED conversion; the secured approval for a SEP project to assist homeowners in
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Dmetuber 12, 2019
Page 10 of 18
repairing private sewer lines, as well as, the secured grant funding for major drainage
improvements near West Texas and South Main; major progress on a new surface water
treatment plant; and the continued implementation of new pavement management techniques. He
noted that improvements on traffic and congestion management was still in progress and further
noted that the roadway accident rate continued to decrease with a 15% reduction over the past
years. Additionally, he stated that the main initiatives for Year 3 regarding infrastructure and
mobility included the continued expansion of marketing the trail system and implementing
strategies to facilitate safe and efficient traffic flow in and around Baytown.
With regards to community amenities, Mr. Woolery stated that the key successes included the
completion of the redevelopment of Brunson; improvements to Holloway and Central Heights
Parks, Jenkins Dog Park, Hutto Parkway Trail, and the San Jacinto Mall demolition; the Hotel
Convention Center redesign with final agreements nearing completion; additional events to
Town Square; and the addition of a Marketing/Outdoor Event Coordinator. He noted that the
hotel occupancy rate was trending down, but started to trend upward. Additionally, he stated that
the Year 3 initiatives and strategies for community amenities were to implement strategies that
further the revitalization of the Downtown Arts District, continue to increase the amount and
variety of community events, and to continue to pursue redevelopment in targeted areas
throughout the community.
With regards to neighborhood quality, Mr. Woolery stated that the key successes included the
continuation of proactive enforcement of city codes, an additional Community Engagement
Coordinator position, completion of a Market Street Corridor plan, funding for the Bayway
Corridor Plan, four additional Animal Control Officers, and a pilot program to create
neighborhood associations in older areas of the City. He noted that there was an incline in the
average sales price of residential units. Additionally, he stated that the Year 3 initiatives and
strategies for neighborhood quality included continuing to enhance community engagement in
Baytown, as well as, efforts to improve compliance with City codes.
With regards to operational excellence, Mr. Woolery stated that the key successes included the
securing of $66 million in funding from Enterprise Products to build a new Public Safety
Headquarters facility, implementation of an emergency response improvement plan, continued
implementation of the Process Improvement & People Empowerment (PIPE) program, and the
City receiving the Certificate of Distinction in Performance Management from ICMA. He stated
that the initiatives and strategies for operational excellence included continuing to look at
development and permitting processes. Additionally, he noted that the City's Imagine Baytown
Community Scorecard could be viewed at www.imaginebavtown.com.
Council Member Alvarado inquired as to when the plan to begin the next five years would start.
Mr. Woolery stated the beginning of Year 5, the process for the next five years would start.
City Manager Davis stated that he would like to expand on citizen's participation
6. CONSENT
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December 12, 2019
Page 11 of 18
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Charles Johnson approving consent agenda items 6.a. through 6.n. 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
a. Consider an ordinance approving a construction contract between the Baytown
Area Water Authority and LEM Construction Co., Inc., for the Fritz Lanham Surface
Water Treatment Plant Chemical Improvements Project.
ORDINANCE NO. 14,288
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE CONSTRUCTION CONTRACT AGREEMENT
BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND LEM
CONSTRUCTION CO., INC., FOR THE FRITZ LANHAM SURFACE WATER
TREATMENT PLANT CHEMICAL IMPROVEMENTS PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance approving Change Order No. 7 between the Baytown Area
Water Authority and Pepper Lawson Waterworks, LLC, for the BAWA 6 MGD Surface
Water Treatment Plant.
ORDINANCE NO. 14,289
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING CHANGE ORDER NO. 7 TO THE BAYTOWN AREA
WATER AUTHORITY 6 MOD SURFACE WATER TREATMENT PLANT
PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND
PEPPER LAWSON WATERWORKS, LLC; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance rejecting the bids for the N. Main Concrete, Paving and
Preservation Project received on November 19, 2019.
ORDINANCE NO. 14,290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING THE BIDS RECEIVED FOR THE N. MAIN
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December 12, 2019
Page 12 of 18
CONCRETE, PAVING AND PRESERVATION PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance renewing the 2018 Annual Sanitary Sewer Rehabilitation
Project with Texas Pride Utilities, LLC.
ORDINANCE NO. 14,291
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE 2018 ANNUAL SANITARY SEWER
REHABILITATION PROJECT FOR YEAR 2 WITH TEXAS PRIDE
UTILITIES, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION
AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
e. Consider an ordinance approving the payment to the Texas Commission on
Environmental Quality for the City of Baytown's water system fee.
ORDINANCE NO. 14,292
AN ORDINANCE OF THE Crl'Y COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF EIGHTY-
FIVE THOUSAND ONE HUNDRED FIFTY-FOUR AND 65/100 DOLLARS
($85,154.65) TO THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY FOR THE ANNUAL FEE FOR THE CITY'S WATER SYSTEM;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing the purchase of (i) one (1) Ford F-150 crewcab,
(ii) two (2) F-250 supercab Trucks with SWAB Animal Transport Bodies from Silsbee
Ford Inc., through GoodBuy Purchasing Cooperative, for the Public Works Department
and the Health Department's Animal Control Division.
ORDINANCE NO. 14,293
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY-
FIVE THOUSAND SEVEN HUNDRED SIXTEEN AND 75/100 DOLLARS
($125,716.75) TO SILSBEE FORD INC., THROUGH GOODBUY
PURCHASING COOPERATIVE, FOR THE PURCHASE OF ONE (1) FORD
F-150 CREWCAB AND TWO (2) F-250 SUPERCABS WITH SWAB ANIMAL
TRANSPORT BODIES FOR THE PUBLIC WORKS DEPARTMENT AND
THE HEALTH DEPARTMENT'S ANIMAL CONTROL DIVISION; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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December 12, 2019
Page 13 of la
g. Consider an ordinance authorizing the Second Amendment to the Lease of Premises
with Solid Waste, Ltd. Inc., for the Baytown Marina.
ORDINANCE NO. 14,294
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 LEASE OF PREMISES WITH SOLID WASTE, LTD.
INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing the First Amendment to the Collective
Bargaining Agreement with the Baytown Professional Firefighters' Association to delay the
TCFP Driver/Operator-Pumper Certification promotional eligibility requirement until
July 01, 2020.
ORDINANCE NO. 14,295
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN,
TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL It 73; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing the purchase of ninety-one (91) sets of bunker
gear and nine (9) pair of harnessed pants from Casco Industries, Inc., through the Texas
Local Government Purchasing Cooperative (BuyBoard) for the Fire Department.
ORDINANCE NO. 14,296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FORTY-
EIGHT THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($248,600.00)
TO CASCO INDUSTRIES, INC., THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE
PURCHASE OF NINETY-ONE (91) SETS OF BUNKER GEAR AND NINE (9)
PAIRS OF HARNESSED PANTS FOR THE FIRE DEPARTMENT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance renewing an agreement with The Lincoln National Life
Insurance Company as the carrier/administrator for the City of Baytown's long-term
disability benefits.
City Council Regular Meeting Minutes
December 12, 2019
Page 14 of 1s
ORDINANCE NO. 14,297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE AGREEMENT WITH THE LINCOLN NATIONAL
LIFE INSURANCE COMPANY AS THE CARRIER/ADMINISTRATOR FOR
THE CITY OF BAYTOWN'S LONG-TERM DISABILITY BENEFITS;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND AND NO1100
DOLLARS ($180,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
k. Consider an ordinance authorizing a Service Agreement with ReliaStar Life
Insurance Company, as the carrier/administrator for the City of Baytown's stop loss
coverage.
ORDINANCE NO. 14,298
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 SERVICE AGREEMENT WITH
RELIASTAR LIFE INSURANCE COMPANYNOYA FINANCIAL AS THE
CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S STOP LOSS
COVERAGE; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO
EXCEED ONE MILLION NINE HUNDRED THIRTY THOUSAND AND
NO/100 DOLLARS ($1,930,000.00) FOR THE SPECIFIC AND AGGREGATE
STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
1. Consider an ordinance authorizing the payment of an annual assessment to
the Harris County Appraisal District.
ORDINANCE NO. 14,299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT
TO THE HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL
SERVICES FOR THE 2020 TAX YEAR IN AN AMOUNT NOT TO EXCEED
TWO HUNDRED THIRTY-THREE THOUSAND ONE HUNDRED FOUR
AND NO/100 DOLLARS ($233,104.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
In. Consider an ordinance authorizing the purchase of a mobile command center from
LDV, Inc., through Houston -Galveston Area Council (H-GAC) for the Police Department.
City Council Regular Meeting Minutes
December 12, 2019
Page 15 of 18
ORDINANCE NO. 14,300
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED
SEVENTY-ONE THOUSAND TWO HUNDRED FIVE AND NO/100
DOLLARS ($371,205.00) TO LDV, INC., THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL FOR THE PURCHASE OF A MOBILE
COMMAND CENTER FOR THE POLICE DEPARTMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
n. Consider a resolution opposing any federal legislation that further infringes upon
local government's ability to manage its public rights -of -way, to provide for local media
through PEG channel obligations, and to receive appropriate fees and in -kind
contributions for the use of the public rights -of -way by cable companies.
RESOLUTION NO.2629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, OPPOSING FEDERAL LEGISLATION THAT INFRINGES UPON
LOCAL GOVERNMENT'S ABILITY TO MANAGE ITS PUBLIC RIGHTS -
OF -WAY, TO PROVIDE FOR LOCAL MEDIA THROUGH PEG CHANNEL
OBLIGATIONS, AND TO RECEIVE APPROPRIATE FEES AND IN -KIND
CONTRIBUTIONS FOR THE USE OF THE PUBLIC RIGHTS -OF -WAY BY
CABLE COMPANIES; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
7. APPOINTMENTS
a. Consider three (3) appointments to the Community Development Advisory
Committee (CDAC).
City Clerk, Leticia Brysch presented the agenda item to consider the appointments of Mr.
Antonio Hinojosa, District 1; Mr. Roberto Diaz, District 2; and Ms. Lauren Heffernan, District 4
to the Community Development Advisory Committee.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Heather Betancourth approving the appointments of Mr. Antonio Hinojosa, District 1; Mr.
Roberto Diaz, District 2; and Ms. Lauren Heffernan, District 4 to the CDAC. 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
City Council Regular Meeting Minutes
December 12, 2019
Page 16 of 18
Nays: None
Approved
b. Consider five (5) appointments to the Planning and Zoning Commission.
Mrs. Brysch presented the agenda item to consider the appointments of Jeffrey Walters, Mayor
At Large; Agustin Loredo, District l; Tracey Wheeler, District 3; and Shawn McDonald, District
5. Additionally, she noted that there was still a vacancy for the City Manager ETJ position.
A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member
Charles Johnson approving the appointments of Jeffrey Walters, Mayor; Agustin Loredo, District
1; Tracey Wheeler, District 3; and Shawn McDonald, District 5 to the Planning and Zoning
Commission. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourtb, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
Consider one (1) City Manager's appointment to the Civil Service Commission.
Mrs. Brysch presented the agenda item to consider the appointment of Mr. David Jirrels to the
Civil Service Commission. She stated that Mr. lirrels served his sixth consecutive term as a civil
service commissioner; therefore, per the rules, his appointment would have to be confirmed by
two-thirds majority vote of all the members of Council.
A motion was made by Council Member Chris Presley and seconded by Council Member Laura
Alvarado approving the appointment of Mr. David Jirrels to the Civil Service Commission. The
vote was confirmed by raising the right hand as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancwurth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
8. MANAGER'S REPORT
City Council Regular Meeting Minutes
December 12, 2019
Page 17 of 18
City Manager Davis recognized Officers Bryce Perkins and Kevin Zinter for being instrumental
after responding to a suicide attempt. He also recognized Officers Natalie Robinson and Robert
Parker for going over and beyond to assist an officer from the City of New Orleans who was
involved in an accident in Baytown. He further acknowledged Detective Nathan Gallop for
receiving his Master's Peace Officers Certificate. Additionally, City Manager Davis stated that
an individual, who decided to pursue a career as a paramedic because of the treatment received
by Engine 4 responders, EMS, and a life flight crew after being involved in a motor vehicle
crash, received a visit from the current Engine 4 responders at San Jacinto College.
9. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.074 to deliberate the annual performance evaluation of the Municipal Court
Judge.
At 8:14 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to
Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the
Municipal Court Judge.
At 8:50 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.
10. MOTIONS
a. Discuss and take appropriate action regarding the Municipal Court Judge's annual
performance evaluation.
Mrs. Brysch noted that the Municipal Court Judge's appointment would be considered at the first
meeting in January.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Chris Presley approving the salary increase of the Municipal Court Judge to midpoint of grade
E81. 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 Himsel
Nays: None
Approved
11. ADJOURN
City Council Regular Meeting Minutes
December 12, 2019
Page 18 of 18
With there being no further business to discuss, Mayor Capetillo adjourned the December 12,
2019, City Council Regular Meeting at 8:51 P.M.
LetABBrysch, City Clerk � y 30Citwn °°"