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2020 06 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 25, 2020 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June 25, 2020, at 6:34 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Mayor Pro Tern 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 Karen Horner Interim City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the June 25, 2020, City Council Regular Meeting with a quorum present at 6:34 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Heather Betancourth. Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing measures there was limited amount of space when maintaining the required 6-feet separation from others. However, the meeting allowed for two-way communications for members of the public who were not allowed to be physically present at this meeting. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director Carol Flynt presented the years of service awards to the following employee: 5 YEAR: MICHELLE GARCIA, ADMINISTRATIVE SPECIALIST CRISTIAN CARPIO, DETENTION SUPERVISOR RUOMING BI, PATROL OFFICER City Council Regular Meeting Minutes June 25, 2020 Page 2 of 21 10 YEAR: OMEGA JONES, RECORDS SPECIALIST KEVIN HARVILL, ASST. DIRECTOR OF PUBLIC WORKS JOHN HUGHES, FIRE EQUIPMENT OPERATOR EDWARD BAYLIS, FIREFIGHTER ANTHONY ROBLEDO, FIREFIGHTER 20 YEAR: KENNETH HAMPTON, POLICE SERGEANT RAY DERRINGTON, WASTEWATER OPERATOR II DAVID OYLER, SUPERINTENDENT 30 YEAR: DANIEL DANEK, PATROL OFFICER 2. GATEWAY 10 BUSINESS PARK Mayor Capetillo stated that there were a number of speakers noted for items 2.a through 2.d., then Council would hear from the speakers first, then staff, and finally take action on the items together or as needed. a. Consider an ordinance approving the Declaration of Covenants, Conditions and Restrictions for Gateway 10 Business Park, located on the southwest corner of Interstate Highway 10 and Sjolander Road. b. Consider a resolution granting consent to the inclusion of 58.71 acres, being Tract 11C., Abstract 954, A Smith Survey, Harris County, Texas, into Harris County Municipal Utility District No. 473. C. Consider an ordinance authorizing the Second Amendment to the Utility Functions and Services Allocation Agreement with Harris County Municipal Utility District No. 473. d. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 42.06 acres of a 58.7-acre tract, located on the southwest corner of Interstate Highway 10 and Sjolander Road, legally described as Tract 1K, Abstract 954, A Smith, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. Mayor Capetillo requested that the City Clerk unmute the persons signed up to speak on these items from the video/teleconference option first. Ms. Rollin stated that she spoke against the rezoning of this property at the last council meeting and had some questions for the developer to include: did they have a tenant in place yet, what they were going to do to handle the flooding and drainage issues on Sjolander, concerns with road congestion because of freight trucks and eighteen -wheelers, and upgrades to road in the area. City Council Regular Meeting Minutes June 25, 2020 Page 3 of 21 Mr. Greg Thompson, 3902 Lee Street, Alexandria, Louisiana, President of Ratcliff Development and the rezoning applicant made a presentation to the Council regarding his business experience, existing projects and the proposed project. Mr. Thompson noted that the reason that they chose this project was the easy transportation access to Interstate 10 and its close proximity to the Chevron Phillips Refinery. They wanted a location that would afford them transportation routes both east and west and after scouting out locations up and down Interstate 10, they settled on the Sjolander site. He noted that another part of the reason that they chose this site is because of the city's future land use plan that was adopted in September of 2019, which called for a business park in and around this property. Mr. Thompson noted that he wanted to address some of the misconceptions that have been introduced into this project, particularly those from the last few weeks. 1. This project is not a logistical warehouse, and is not what he is interested in developing. 2. They were not interested in competing with half a million square feet warehouse projects at just down the road. 3. This is not a 24-hour facility that will have excess lighting and noise. 4. This is not a high -turnover tenant base where there are multi -tenant buildings where people are in and out on twelve months or twenty -four -month leases; these are freestanding buildings which are occupied fifty percent of the time by the owning business; i.e., there are no short-term leases. 5. This is not an unrestricted business park, but is instead a highly restricted business park which has greater restrictions than what would be seen in most general commercial developments. 6. This is a land development project and the primary goal is to put the infrastructure in place to where employers can locate in a business park in the city. The vertical buildings are based on demand, and they usually build one maybe two buildings just to make sure that the data and the market are accurate and support the construction. 7. The project timeline will certainly be over a three to five-year period. 8. They do not have a tenant at this time, but are looking are recruiting certain types of businesses that are going to have to be either a global or a regional credit as they do not do one-off deals. 9. They are donating land to the City for future improvements. Mr. Thompson stated that Phase One of this project is land development and went over the most recent design of the project. He noted he has worked with staff to meet the desires and concerns of the Council and noted that there is still no access to the project off of Sjolander Road, there is still a 911 gate to all emergency vehicles to access the park, there is an adequate stormwater retention pond on the east side of the development, which is designed to create stormwater retention and mitigate flooding. Mr. Thompson noted that there are three separate jurisdictions that must review and approve these plans; the state, Harris County and the City, and he is confident that they will have a good product at the end of this process. Mr. Thompson noted that they have buildings that consist of the language in the development agreement that we have given the city. This particular site plan has a 15,000 square foot building City Council Regular Meeting Minutes June 25, 2020 Page 4 of 21 that can be used for light manufacturing or some type of office project. He noted that they agreed to limit the size of these buildings to 30,000, square feet and further noted that in the event that they would want a larger size building, they would to request a variance from the City Council, per the development agreement. Mr. Thompson further stated that the site plan has two buildings that front Interstate 10, with a size of those buildings to be no more than 50,000 square feet. He noted that as a result of their discussions with the city, they have modified the restrictive covenants on those two lots to be consistent with the City's general commercial zoning. They have agreed to eliminate any requirement or ability to have a laydown yard in conjunction with those two buildings and effectively what that does is it keeps it more of a general commercial type building. Mr. Thompson showed the Council some architectural renderings of the proposed development. Mr. Thompson stated that they have agreed to amend the development agreement to add a deed restriction against both distribution facilities and have agreed to a max building eave height of 35 feet. They have also agreed to eliminate any truck loading facility; i.e., roll -up doors; they have agreed to limit access to Sjolander Road, and to make soiree needed or snake some financial contributions to a turn lane on Needlepoint Drive. Mr. Thompson noted that the restrictive covenants that manage this particular industrial park requires an eight -foot -high opaque visual barrier on any type of a laydown yard that requires stored material, and in order to comply with that requirement, there is an eight -foot -high fence with slat fencing all the way around planned it, so from street level, people will not be able to see all the material that they have in the storage area. Mr. Thompson noted that as it relates to enforcement, they are kept to the covenants outlined in the development agreement which must be filed with the county and will remain with the land, even if it is sold to another party. He further noted that once these deed restrictions are filed, they cannot be undone without City Council's vote and the enforcement will be handled through the city council and/or the city and through what is known as the administrator which is Ratcliff Development as the developer of record through a landownership program consistent with what is traditionally called an HOA, except it is a LOA, a Landowner's Association. Mr. Thomas Parent, 6903 Hunters Way Lane, Baytown, signed up to speak on this item in favor of the development, even after first opposing it. He noted that he has been impressed with the developer, and how he almost bent over backward to make this project work, and has been very accommodating of the community's concerns. Mayor Capetillo asked the other two speakers if they wished to speak and Mr. Reid Wilson and Mr. Bob Leiper stated that did not wish to speak on the item any longer. Mayor Capetillo noted a couple of things and stated that it had been brought to his attention that the documents had already been executed and delivered and the language is very specific in their requiring a 6-foot black coated vinyl chain link fence with two rows of landscaping. He stated that he believed that the City ordinance required one row of landscaping as a buffer and they had City Council Regular Meeting Minutes June 25, 2020 Page 5 of 21 agreed to add a second row of landscaping for additional screening. Mayor Capetillo stated that he had a fencing contractor give him a quote on what the price would be to change that out with a wooden fence with some brick columns along appropriate lengths, and he stated that he is fine with whatever the city wants to do, but if the city thinks that it would be better to have a more of a residential looking fence, they can do away with the vinyl fence and with the second row of landscaping and the cost be neutral. Mayor Capetillo noted that it can be a little bit of a maintenance problem long tenn, but that was going to be the case anyway, and it is the Association's responsibility to maintain it, so because the documents have already been executed, he wanted to see what the Council wanted to do in this matter. Mayor Capetillo continued by noting that from his understanding, one of the large neighborhoods in the area just recently put in some type of additional fencing with stack stone or brick columns and then a few hundred feet of wood fencing, and so he thought it might work with this development in order to have a standardized corridor along Needlepoint, Hunters Creek and then on Sjolander, kind of like a master plan of fencing and kind of the aesthetics. Mr. Thompson stated that he was fine with that options as his budget would not be impacted. Interim City Attorney Karen Horner request that the motion to approve the items include the revised fencing that was not presented in the signed document. Mayor Capetillo asked for a motion approving the items include the addition of the fencing changes and asked that the developer and the staff be reasonable and have some common sense and please figure out the landscaping and the fencing. He further noted that he though the fencing would be closer to Sjolander, and so, it would actually kind of present more of a curtain in order to not see whatever may be behind the fence, but he wanted the sidewalk and some type of landscaping. Mayor Capetillo stated that he would entertain a motion for discussion to include a fence and some type of brick column and whatever other material would be best and easy to maintain by the developer along the Sjolander corridor for the entirety of the property. Council Member Betancourth made a motion for the purposes of discussion for items 2A through D with the fencing modifications as presented by the Mayor; Council Member Johnson seconded the motion. Council Member Alvarado stated that she really appreciated the length that the developers have gone through to meet some of the standards that not only the city was wanting, but also the surrounding neighborhoods. She noted that she thought it was very important that new businesses look at the surrounding areas and neighborhoods to make a more cohesive development. Council Member Presley stated that in an actually fairly tough economy, especially in the energy industry, it is actually good to see some continued investment in this current climate. Council Member Hoskins stated that he had talked to many people that live out there off of Sjolander Road and their concerns are a lot of about what has already been talked about; the flooding, the traffic, the lighting and the impact to their quality of life. He noted that there have been a lot of comments and concerns about the impact of the project, but he had not heard anybody complain or talk about the project itself. City Council Regular Meeting Minutes June 25, 2020 Page 6of21 Council Member Hoskins noted that the traffic that is there now and is going to exist with or without this project. The flooding issues already exists with or without this project because it is flooding over there now, and what they are proposing here is a little bit of improvement to both. He also noted that the comment he heard related to what problems already exist and the idea that this project is going to make it worse, and he cannot see that it is going to make it worse. However, Council Member Hoskins noted that there are traffic issues that will need to be dealt with and that is a conversation with Harris County about what has to be done to open up that whole corridor through there. He also noted that Baytown was probably thirty, forty, fifty, and really more like eighty thousand people, so growth is coming and it is going to happen, and this is one of those projects and it is going to be a good project because they listened to the staff and the community. Council Member Himsel stated that he believed that with the vocal concerns of the residents and the willingness of the developer to listen and work with the staff, this has become a much better development and he supported it. Council Member Betancourth stated that she just wanted to say thank you to Mr. Thompson and the rest of his team because they bent over backward to address community concerns and ended up being a much better project in the end. She stated that she has seen similar developments to this along I-10 and Katy, so, she thought that adding a business park with these types of industrial services and some engineering and white-collar, professional jobs is an excellent addition to that area. Council Member Betancourth further noted that she wanted to reiterate that this is a controlled environment, so even though it will be zoned LI, the deed restrictions and covenants are so restrictive, the LI designation is almost moot at this point. She further stated that she could not imagine another developer agreeing to this level of restrictions and stated that this idea of just zoning the lot to general commercial and then hoping for the best was not in the best interest of the community, as it could end up being a Motel 6, a carwash, or bank with two points of entry for sure. Council Member Betancourth stated that she wholeheartedly supported this project and thanked all those who participated in the process. Council Member Johnson stated that if he remembered correctly, this location was considered for a multi -family complex a few years back and it was actually, thousands of multifamily units, so in that regard, this is vastly different and a more positive scenario. Assistant Director of Planning and Development Services Nathan Dietrich noted that he had one small condition to add to the motion and it be that there is an adjustment that needed to be done to the site plan. It is a small adjustment that Mr. Thompson agreed to and is going to have his architect fix it in the morning, so staff will just add that site plan to whatever Council approves. Mayor Capetillo called for a vote on the item. City Clerk Leticia Brysch noted that the motion of the table was for discussion only and he needed to call for a motion to approve the items in question. City Council Regular Meeting Minutes June 25, 2020 Page 7 of 21 A motion was made by Council Member Heather Betancourth, and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 14,416, related to Item 2.a.; Ordinance No. 14,417, related to 2.b.; Ordinance No. 14,418, related to Item 2.c.; and Resolution No. 2662, related to Item 2.d., with the amended fencing and the amended site plan. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GATEWAY 10 BUSINESS PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 145417 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 UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473, FULLER THOMPSON TEN, LTD, AND GATEWAY 10 BUSINESS PARK, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 141418 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 42.06 ACRES OF A 58.7 ACRE TRACT, LOCATED ON THE SOUTHWEST CORNER OF INTERSTATE HIGHWAY 10 AND SJOLANDER ROAD, LEGALLY DESCRIBED AS TRACT 1 K, ABSTRACT 954, A SMITH, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/ 100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes June 25, 2020 Page 8 of 21 RESOLUTION NO. 2662 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE ANNEXATION OF LAND, CONSISTING OF APPROXIMATELY 58.71 ACRES INTO HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. CITY OF BAYTOWN NOVEMBER 3, 2020, MUNICIPAL ELECTION a. Consider an ordinance calling the City of Baytown Municipal Election to be held on November 3, 2020, for the purpose of electing three Council Members from Single -Member District Nos. 4, 5 and 6. b. Consider an ordinance authorizing the City Manager to negotiate and execute a Joint Election Agreement with Harris County, Texas, for the Municipal Election to be held on November 3, 2020. C. Consider an ordinance authorizing the City Manager to negotiate and execute a Joint Election Agreement with Chambers County, Texas, for the Municipal Election to be held on November 3, 2020. A motion was made by Council Member Charles Johnson, and seconded by Council Member Chris Presley to approve Ordinance No. 14,419, related to Item 3.a.; Ordinance No. 141420, related to Item 3.b.; and Ordinance No. 14,421, related to Item 3.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins, Council Member David Hitnsel Nays: None Approved ORDINANCE NO. 141419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 2020, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS FOR COUNCIL DISTRICTS FOUR (4), FIVE (5) AND SIX (6) OF THE CITY OF BAYTOWN; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; City Council Regular Meeting Minutes June 25, 2020 Page 9 of 21 PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 14,420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A JOINT ELECTION AGREEMENT WITH HARRIS COUNTY FOR THE MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 2020, UNDER TERMS AND CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND THE INTERIM CITY ATTORNEY; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND AND NO./ 100 DOLLARS ($55,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 14,421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A JOINT ELECTION AGREEMENT WITH CHAMBERS COUNTY FOR THE MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 20201, UNDER TERMS AND CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND THE INTERIM CITY ATTORNEY; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND AND NO;100 DOLLARS ($25,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. CITY OF BAYTOWN BURGLAR / FIRE ALARM SYSTEMS AND CODE a. Consider an ordinance amending Chapter 2 "Administration," Article V "Finance," Division 1 "Generally," Section 2-595 "Fees for various city services" and Chapter 30 "Emergency Services," Article II "Alarm Systems," Division 2 "Permit" Section 30-27 "Application" and Division 3 "Regulations," Section 30-38 "Service fee for false alarm" of the Code of Ordinances, Baytown, Texas, to update the fees for alarm permits and false alarms. b. Consider an ordinance authorizing an Alarm Program Administration and Collection Services Agreement with PM AM Corporation for the administration of the City of Baytown's Alarm System Permit and related collection services. Assistant Fire Chief Dana Dalbey presented the item and stated that these items approved changes to the alarm ordinance fess and its related Alarm Program Administration and Collection Services Agreement with PM AM Corporation for the administration of the City of Baytown's Alarm System Permit and related collection services. City Council Regular Meeting Minutes June 25, 2020 Page 10 of 21 He noted that on September 12, 2019, the staff presented the City Council an overview of the City's burglar/fire alarm permit and false alarm process and made a recommendation to move to a third -party contractor as the data from 2010 to the present showed the existing process to be ineffective, not just for the City's first responders, but for the actual costumers; whether they are business owners or residents. At this meeting, the Council asked staff to move forward with the recommendation and begin the request for proposals process and related fees; these two items are the culmination of staff s work and Council's direction. Chief Dalbey noted that staff recommended the approval of both items. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member David Himsel to approve Ordinance No. 14,422, related to Item 4.a. and Ordinance No. 14,423, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,422 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595 "FEES FOR VARIOUS CITY SERVICES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SUBSECTION TO BE NUMBERED SUBSECTION (9) "PUBLIC SAFETY SERVICES"; AMENDING CHAPTER 30 'EMERGENCY SERVICES," ARTICLE II "ALARM SYSTEMS," DIVISION 2 "PERMIT," SECTION 30-27 "APPLICATION" AND DIVISION 3 "REGULATIONS," SECTION 30-38 "SERVICE FEE FOR FALSE ALARM" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE THE FEES FOR ALARM PERMITS AND FALSE ALARMS; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF ORDINANCE NO. 141423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN ALARM PROGRAM ADMINISTRATION AND COLLECTION SERVICES AGREEMENT WITH PM AM CORPORATION FOR THE ADMINISTRATION OF THE CITY OF BAYTOWN'S ALARM SYSTEM PERMIT AND RELATED COLLECTION SERVICES; City Council Regular Meeting Minutes June 25, 2020 Page 11 of 21 AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN BASED UPON THE REVENUE SPLIT SPECIFIED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 90 "Taxation," Article II "Ad Valorem Taxes," Section 90-27 "Exemptions," Subsections (a) "Disabled adults" and (b) "Adults 65 years or older" of the Code of Ordinances, City of Baytown, Texas to (i) increase the exemption from taxation for disabled adults to $60,000 and (ii) to increase the exemption from taxation for adults sixty-five (65) years or older to $60,000, for residential homesteads Council Member Hoskins noted that he wanted to express his gratitude to the Finance Committee and the staff for turning their attention to this matter and tonight's item. He stated that this item's origins lie in the decisions taken by City Council in previous years to reduce the City's tax rate. Council Member Hoskins noted that this year, the Finance Committee decided to focus on a targeted exemption to help property taxpayers that are over sixty-five and disabled, which make up about a quarter of the City's total tax base, so this impacts an estimated twenty-five percent of the City's taxpayers with a resulting reduction of eighty dollars a year for those that qualify for the additional exemptions. He further noted that this exemption has an overall cost to the City's general fund in the amount of about half a million dollars, which is the same as a one -cent reduction in the City's property tax rate A motion was made by Council Member Robert C. Hoskins, and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 14,424, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 90 "TAXATION," ARTICLE II "AD VALOREM TAXES," SECTION 90-27 "EXEMPTIONS," SUBSECTIONS (A) "DISABLED ADULTS" AND (B) "ADULTS 65 YEARS OR OLDER" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, IN ORDER TO (I) INCREASE THE EXEMPTION FROM TAXATION FOR DISABLED City Council Regular Meeting Minutes June 25, 2020 Page 12 of 21 ADULTS TO S60,000 AND (II) TO INCREASE THE EXEMPTION FROM TAXATION FOR ADULTS SIXTY-FIVE (65) YEARS OR OLDER TO $60,000, ON CERTAIN RESIDENTIAL HOMESTEADS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an emergency expenditure as an amendment to the Fiscal Year 2019-20 budget due to unforeseen expenditures necessitated by the COVID- 19 pandemic. Finance Director Victor Brownlees presented the item and stated that everyone is acutely aware of the devastating effects of COVID-19, both in terms of public health and the havoc that has been brought upon the global economy. Mr. Brownlees noted that this situation has also impacted the city directly and the Council has already considered these implications to the City's aquatics fund. Staff has been looking in detail at the City's current year budget, as well as next year's budget and praying that this year ends well in terms of fund balances. Mr. Brownlees stated that currently, he is not confident that the City can end the year within the constraint that were set by last year's budget and is therefore asking, via this item, for three million dollars to be transferred from the general fund reserve to the contingency line item that would then allow the staff to offset certain costs; such as, the aquatic fund, increases in the EMS fund and others. However, he also noted that the good news is that staff has requested help under Cares Act and are hopeful that the City might receive some assistance to help deal with some of these costs. A motion was made by Mayor Pro Tem Laura Alvarado, and seconded by Council Member Charles Johnson to approve Ordinance No. 14,426, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 141425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EMERGENCY EXPENDITURE AS AN AMENDMENT TO THE FISCAL YEAR 2019-20 BUDGET DUE TO UNFORESEEN EXPENDITURES NECESSITATED BY THE COVID-19 PANDEMIC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider awarding a construction contract to Angel Brothers Ltd, for the Community Development Block Grant Disaster Recovery -funded South Main St Drainage Improvements Project. City Council Regular Meeting Minutes June 25, 2020 Page 13 of 21 Assistant Director of Public Works and Engineering Ms. Andrea Brinkley presented the item and stated that this item awards a construction contract regarding the South Maine Drainage Project, Phase One. Ms. Brinkley noted that this is a two -block project roughly around the Texas Avenue intersection with N. Main, near Rooster's to the intersection of N. Main and Gulf Avenue where the City's EMS Building is located. Ms. Brinkley further noted that the City received about one point eight million dollars in funding for drainage for this project and bids have come in very favorably; the construction costs estimate was about one point five million and the construction contract award will be an amount of one million two hundred and thirty-seven thousand five hundred and twenty-eight and sixty- five cents to Angel Brothers Construction. A motion was made by Council Member Chris Presley, and seconded by Mayor Pro Tem Laura Alvarado to approve Ordinance No. 14,426, related to Item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 141426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES, LTD, FOR THE SOUTH MAIN ST DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE SOUTH MAIN ST DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION TWO HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED TWENTY-EIGHT AND 65/100 DOLLARS ($1,237,528.65); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR TIIE EFFECTIVE DATE THEREOF. 6. SPECIAL DISTRICT BUDGET FISCAL YEAR 2020-21 a. Receive the Fiscal Year 2020-21 Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. Director Victor Brownlees presented the item and stated that he was submitting the Council the Baytown Fire Control, Prevention, and Emergency Medical Services District ("FCPEMSD") Fiscal Year 2020-21 budget that has been approved by the Fire Control Board. Mr. Brownlees City Council Regular Meeting Minutes June 25, 2020 Page 14 of 21 noted that no action was required as this item was simply to receive said budget. Mayor Capetillo noted that the Fire Control proposed budget had been received. 7. CONSENT A motion was made by Council Member Charles Johnson, and seconded by Council Member Robert C. Hoskins to approve Consent Agenda Items Ta. through 7.d., 7.f. and Th. through 7.k. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved a. Consider an ordinance authorizing acceptance, closeout and release of retainage to Angel Brothers Enterprises, LTD, for the Hunt Road. ORDINANCE NO. 141427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE HUNT ROAD EXPANSION EAST OF GARTH TO N. MAIN STREET AND HUNT ROAD WEST FROM SAN JACINTO BOULEVARD TO JOHN MARTIN ROAD PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOUR HUNDRED TWO THOUSAND ONE HUNDRED NINETY-THREE AND 9 l ;100 DOLLARS ($402,193.91) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a construction contract with Kraftsman L.P., for the Parks Service Center Building Project through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 149428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE MILLION TWO HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED SEVENTY- SEVEN AND NO/100 DOLLARS ($1,226,977.00) TO KRAFTSMAN, L.P., FOR THE PURCHASE AND INSTALLATION OF AN ENGINEERED METAL BUILDING FOR THE NEW PARK SERVICE CENTER FACILITY THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED City Council Regular Meeting Minutes June 25, 2020 Page 15 of 21 THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance approving Change Order No. 10 between Baytown Area Water Authority and Pepper Lawson Waterworks, LLC, for the BAWA 6 MGD Surface Water Treatment Plant Project. ORDINANCE NO. 141)429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 10 TO THE BAYTOWN AREA WATER AUTHORITY 6 MGD SURFACE WATER TREATMENT PLANT PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PEPPER LAWSON WATERWORKS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Professional Service Agreement with ARKK Engineers, LLC, for the RW2002-Bluebill Bay and Angelfish Rd; RW2003 - Fairway Drive and RW2004-Savell Drive Streets Project ORDINANCE NO. 141430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH ARKK ENGINEERS, LLC, FOR THE RW2002-BLUEBILL BAY AND ANGELFISH RD; RW2003-FAIRWAY DRIVE AND RW2004-SAVELL DRIVE STREETS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED NINETY-SEVEN THOUSAND NINE HUNDRED THIRTY-FIVE AND NOI100 DOLLARS ($497,935.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider an ordinance authorizing a Payment in Lieu of Taxes Agreement with Angel Brothers Property LLC, and Angel Brothers Enterprises, LTD. ORDINANCE NO. 14,431 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 ANGEL BROTHERS PROPERTY LLC, AND ANGEL BROTHERS ENTERPRISES, LTD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance renewing the Annual Fittings, Valves and Meter Boxes Contract with Ferguson Waterworks. City Council Regular Meeting Minutes June 25, 2020 Page 16 of 21 ORDINANCE NO. 141432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL FITTINGS, VALVES AND METER BOXES CONTRACT WITH FERGUSON WATERWORKS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF ONE HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED ELEVEN AND 08100 DOLLARS ($173,111.08); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding the Tree Planting and Irrigation Project to Environmental Tree and Design, Inc. ORDINANCE NO. 141433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ENVIRONMENTAL TREE AND DESIGN, INC., FOR THE TREE PLANTING AND IRRIGATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FORTY-FOUR THOUSAND EIGHT HUNDRED EIGHTY-EIGHT AND 83/100 DOLLARS ($844,888.83); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing Amendment No. 13 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. ORDINANCE NO. 141434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 13 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AUTHORIZING PAYMENT TO HARRIS COUNTY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND N0I100 DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider a resolution amending the City of Baytown's Investment Policy and Strategy Statement in accordance with the Public Fund's Investment Act to add an investment officer and to amend approved broker/dealers. RESOLUTION NO. 2663 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, City Council Regular Meeting Minutes June 25, 2020 Page 17 of 21 TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND STRATEGY STATEMENT IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing Change Order No. I to increase the total contract amount of the Annual Concrete Work Contract. A motion was made by Council Member Charles Johnson, and seconded by Council Member Chris Presley to approve Ordinance No. 14,435, related to Item Te. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins, Council Member David Hirnsel Nays: None Approved ORDINANCE NO. 141435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 FOR THE ANNUAL CONCRETE WORK CONTRACT WITH TEAMWORK CONSTRUCTION, INCREASING THE CONTRACT AMOUNT BY FIVE HUNDRED THOUSAND AND NOI100 DOLLARS (S500,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance renewing the Contract for the Collection of Delinquent Taxes and Payment in Lieu of Taxes with Randall B. Strong. ORDINANCE NO. 141436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH RANDALL B. STRONG FOR THE COLLECTION OF DELINQUENT TAXES AND PAYMENTS IN LIEU OF TAXES AND BANKRUPTCY COLLECTIONS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THE ADDITIONAL PENALTY PROMULGATED BY THE CITY COLLECTED PURSUANT TO THE TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. MOTIONS City Council Regular Meeting Minutes June 25, 2020 Page 18 of 21 a. Discuss and take appropriate action regarding the City of Baytown Fourth of July Fireworks Event. Parks and Recreation Director Scott Johnson presented the item and noted that their plan was to use the Parks crew made up of eight to ten guys working to man the perimeter surrounding the park. He noted that in this plan the Police Department would have two cars working to monitor the area and the Fire Department would include one fire marshal, one fire engine stationed at the fireworks location, and another near the Impact school building. Mr. Johnson noted that there will be people at the park and there was just no way to get around it as people are used to watching the fireworks at Bicentennial, at the Lee high school practice fields, at the College and Goose Creek parking lots among other surrounding areas. He noted that people will more than likely not stay in their vehicles as their sight lines might be obstructed by the many large trees along the streets and around the lots. Mr. Johnson noted that another concern with holding any type of event for the 4"' of July is that in the past the streets surrounding the park were closed down; i.e. Market Street and Lee Drive, this would not be the case this year, which puts pedestrians in danger as these streets can get pretty dark. Mr. Johnson stated that there was just not a plan that would ensure the safety of citizens and staff and did not recommend having the fireworks event this year, but would do as the Council directed. Mayor Capetillo stated that this discussion is a continuation of last Monday's discussion where Council made the decision to cancel the 4"' of July events and then further discuss the fireworks presentation. Mayor Capetillo opened the floor for Council's comments. Council Member Himsel asked to speak first and stated that in his conversations with Mr. Johnson, he just did not see how they could open that thing up and not provide full-blown coverage, from staff to include parks, police, fire, etcetera. He stated that it terrified him that there would be children running around the area in the dark and open streets and he believed that the downside far exceeds the upside on this deal; whether COVID exposure or anything else, he did not see why the Council would take the risk associated with having fireworks. Council Member Himsel stated that the either they went all in on this event and get everybody out there and do it the right way by closing the streets or they do not do it at all. Council Member Presley stated that in the last meeting, he had made a motion to try and salvage the fireworks, as they are in his district, and it is really one of the greatest things and the coolest things that happen in his district each year; and really throughout the entire city for that matter. However, in the last couple of days, and as things continue to evolve the COVID numbers continue to escalate, in the matter of a couple of days. Council Member Presley noted that there are now reports that the Texas Medical Center ICU is now closed because it is at full capacity. He also noted that he had read an article in the paper, possibly the Chronicle, that if the current trend continues in the Houston area, Houston could be the next New York City. Council Member Presley stated that it is with great pain that he says this, but personally, he just could not dutifully and faithfully endorse an event that would encourage, not hundreds of people City Council Regular Meeting Minutes June 25, 2020 Page 19 of 21 to congregate and gather, but thousands of people to congregate and gather; citizens, neighbors, and friends, and he agreed with Council Member Himsel that there is not enough upside that out rules the downside. Council Member Presley further noted that he has had a change of heart and be thought that the prudent thing to do would be to not have fireworks this year, and have a bigger and better one hopefully next year. Mayor Pro Tern Alvarado stated that her comments have really not changed from the last meeting, and she was really against having anything at all because she wanted to make sure that Council preserved the safety of city staff and adhere to staffs recommendations, but also to preserve the safety of the public. Mayor Pro Tern Alvarado noted that the City's fireworks have been a great sight to see year after year, so people are going to want to gravitate to see this event and so unfortunately, she really could not support going through with the fireworks this year. Mayor Capetillo stated that he had conversations with some other area mayors; particularly, those of Pasadena, La Porte, Deer Park, Morgan's Point, and he strongly appreciates the Park Department's recommendations and that of the City's health officials; he noted that he strongly respects those recommendations, but he had some mixed opinions on it. Mayor Capetillo noted that the council certainly did not want to introduce the staff to any kind of crowds and certainly those staff members needed to secure a site with large scale fireworks like those done in Baytown. He also noted that the City has always done an excellent fireworks display, and he had no doubt that people will want to gather to see the fireworks. Mayor Capetillo noted that his struggled with cancelling the fireworks display because at what point do people really stop moving forward with an open and free society? He stated that he would certainly wear a mask and do everything he could to protect himself, and those around him, but he also felt that when society continues to just erode and decay, especially on the one day that, as Americans, everyone celebrates their freedom and liberty. Mayor Capetillo stated that he was very disheartened at the possibility of cancelling the fireworks show because it is the one commonality that everyone has regardless of race, color, creed, or religion. Mayor Capetillo also noted that he understood staffs reservations regarding this event, and he respect them, but he would still like to have a fireworks show. He noted that so many events have had to be cancelled or limited; UIL sports, graduation, and so many other life events; such as the funerals of personal family members with limited people where even love ones cannot even express their last condolences. Mayor Capetillo stated that he was just disheartened about the situation and although the event is realistic, and he respected that, he was just disheartened that even the 4th of July and its simple fireworks display would be cancelled, but stated he would go with Council's wishes. Mayor Capetillo further stated that he did not know what the COVID numbers were as he sometimes gets mixed information, but from what lie hears the numbers are trending downward, if people look at certain aspects such as hospitalizations and the severity of current confirmed City Council Regular Meeting Minutes June 25, 2020 Page 20 of 21 cases. Mayor Capetillo requested that Health Director Tony Gray give the Council an update on the COVID numbers. Mr. Gray, in response to the Mayor's request for an update on the COVID situation stated that since his presentation to the Council last Monday, the trend shows that the number of COVID patients are still rising, and the positivity rate has increased two percentage on each point, which was about 9.76 on Monday and is now at 11.76. Mr. Gray noted that the cases today set and broke another record for the all -tithe high in the state and it is continuing to increase the hospitalization rate. The Texas Medical Center is supposedly doing a two -week model that looks like they will be at a hundred percent capacity for ICU space. Mr. Gray stated that as far as we was aware, everything is still trending upward and nothing has improved, but in fact has only gotten worse. Mr. Gray stated that he spoke with Dr. Burnik, the City's Health Authority, after yesterday's conference call with the Department of State Health Services and his thoughts were why would the city continue to do or want a fireworks display without adequate staffing and if the event does have the necessary staff, then it will look like it is going to have a full event, which may attract more people. Dr. Bernick believed that Council should cancel the whole thing instead of trying to do it piecemeal; i.e. if it is going to be done, then it should be done right and not just to get by with it. The Council briefly discussed Mr. Gray's comments and its implications on the safety of staff and the public. A motion was made by Council Member David Hitnsel, and seconded by Mayor Pro Tern Laura Alvarado to cancel the fireworks for this year. The vote was as follows: Ayes: Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Robert C. Hoskins, and Council Member David Himsel Nays: Mayor Brandon Capetillo, Council Member Heather Betancourth Approved 9. MANAGER'S REPORT a. Present information regarding the City of Baytown 4th of July weekend celebration and events. This item was not taken. 10. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the June 25, 2020, City Council Regular Meeting at 8:15 P.M. City Council Regular Meeting Minutes June 25, 2020 Page 21 of 21 her" Leticia Brysch, City Clerl City of Baytown