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2020 06 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 1 1, 2020 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June 111) 2020, at 6:30 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 Tem Chris Presley Council Member Charles Johnson Council Member Heather Betancourth Council Member Robert Hoskins Council Member Brandon Capetillo Mayor Rick Davis City Manager Karen Horner Assistant City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Anns Mayor Capetillo convened the June 11, 2020, City Council Regular Meeting with a quorum present at 6:31 P.M., all members were present with the exception of Council Member Himsel who was absent, and Council Member Presley, who arrived at 6:41 P.M. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Johnson. 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. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meetings held on April 9, 2020. A motion was made by Mayor Pro Tem Laura Alvarado, and seconded by Council Member Robert C. Hoskins, to approve the minutes of the City Council Work Session and Regular Meetings held on April 9, 2020. Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins City Council Regular Meeting Minutes June 11, 2020 Page 2 of 20 Nays: None Other: Council Member David Himsel (Absent) Council Member Chris Presley (Not Present for Vote) Approved 2. PROPOSED ANNEXATION OF APPROXIMATELY 3.01 ACRES OF LAND a. Conduct a second public hearing regarding the proposed annexation of approximately 3.01 acres, located approximately 557.88 feet east of Thompson Road, addressed as 6610 Thompson Road, and situated in the William Hilbus Survey, Abstract No. 336 and being out of and a part of lot 21 of the Elena Fruit and Cotton Farms, Unit "D," Harris County, Texas. At 6:35 P.M., Mayor Capetillo opened and conducted the second public hearing regarding the proposed annexation submitted by Charles W. Caldwell of approximately 3.01 acres, located approximately 557.88 feet east of Thompson Road, addressed as 6610 Thompson Road, and situated in the William Hilbus Survey, Abstract No. 336 and being out of and a part of lot 21 of the Elena Fruit and Cotton Fanrns, Unit "D," Harris County, Texas. Assistant Director of Planning and Development Services, Nathan Dietrich, summarized agenda items 2.a. and 2.b. together as they were associated. He stated that on April 9"', City Council approved the resolution for granting the petition and the service agreement was detailed and listed by the owner on May 28th. At this time, this piece of property, is landlocked and surrounded all by Light Industrial zoning. They are requesting annexing the property to come into the city and to develop the front portion, which is also an additional three (3) acres. Ultimately, they are coming into the city as light industrial with a future zoning map amendment, which is going to be coming before city council. He asked if he could answer any and all questions that city council may have at this time. With there being no one registered to speak regarding agenda item 2.a., Mayor Capetillo closed the first public hearing at 6:37 P.M. b. Consider an ordinance for the first reading of the proposed annexation of approximately 3.01 acres, located approximately 557.88 feet east of Thompson Road, addressed as 6610 Thompson Road, and situated in the William Hilbus Survey, Abstract No. 336 and being out of and a part of lot 21 of the Elena Fruit and Cotton Farms, Unit "D," Harris County, Texas. A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C. Hoskins, approving Ordinance No. 14,403, regarding agenda item 2.a. The vote was as follows: City Council Regular Meeting Minutes June 11, 2020 Page 3 of 20 Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Council Member Chris Presley (Not Present for Vote) Approved ORDINANCE NO. 14,403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 3.01 ACRES, LOCATED APPROXIMATELY 557.88 FEET EAST OF THOMPSON ROAD, ADDRESSED AS 6610 THOMPSON ROAD, AND SITUATED IN THE WILLIAM HILBUS SURVEY, ABSTRACT NO. 336 AND BEING OUT OF AND A PART OF LOT 21 OF THE ELENA FRUIT AND COTTON FARMS, UNIT "D," HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 3. PROPOSED REZONING OF APPROXIMATELY 3.28 ACRES OF LAND FROM SINGLE-FAMILY ESTATE TO GENERAL COMMERCIAL a. Conduct a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 3.28 acres of unaddressed property, legally described as Part of Tract 2C, Block 13, Elena Farms Unit D Geo C Davis Map D (Part of Lots 18, 19 & 20 Block 19 Highland Farms), Harris County, Texas, from a Single -Family Estate ("SFE") Zoning District to a General Commercial ("GC") Zoning District. At 6:37 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 3.28 acres of unaddressed property, legally described as Part of Tract 2C, Block 13, Elena Farms Unit D Geo C Davis Map D (Part of Lots 18, 19 & 20 Block 19 Highland Farms), Harris County, Texas, from a Single -Family Estate ("SFE") Zoning District to a General Commercial ("GC") Zoning District. Assistant Director of Planning and Development Services, Nathan Dietrich, stated that this particular piece of property is going to be assembled with a larger piece of property, which is to the northeast of this property. Basically, this parcel has been included in with a rezoning. Currently, it is zoned as Single -Family Estate (SFE) and the owner would like to change the rezoning to General Commercial to be in line with the use that is going to be used at that City Council Regular Meeting Minutes June 11, 2020 Page 4 of 20 property. Basically, the Honda dealership located at the northeast corner of I-10 and John Martin, is looking to move their property here. This assemblage of this property is to help with the overall detention on the site. He stated he can answer any and all questions that city council may have at this time. With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed the first public hearing at 6:39 P.M. b. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 3.28 acres of unaddressed property, legally described as Part of Tract 2C, Block 13, Elena Farms Unit D Geo C Davis Map D (Part of Lots 18, 19 & 20 Block 19 Highland Farms), Harris County, Texas, from a Single -Family Estate ("SFE") Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson approving Ordinance No. 14,404, regarding agenda item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Council Member Chris Presley (Not Present for Vote) Approved ORDINANCE NO. 141404 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 3.28 ACRES, LEGALLY DESCRIBED AS PART OF TRACT 2C, BLOCK 13, ELENA FARMS UNIT D GEO C DAVIS MAP D (PART OF LOTS 18719 & 20 BLOCK 19 HIGHLAND FARMS), HARRIS COUNTY, TEXAS, FROM A SINGLE-FAMILY ESTATE (SFE) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) 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. 4. PROPOSED REZONING OF APPROXIMATELY 131 ACRES OF LAND FROM OPEN SPACE/RECREATION TO GENERAL COMMERCIAL City Council Regular Meeting Minutes June 11, 2020 Page 5 of 20 a. Conduct a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 131 acres generally located west of Garth Road, on both sides of West Cedar Bayou Lynchburg Road, and east of John Martin Road including multiple parcels, all within Baytown, Harris County, Texas, from an Open Space/Recreation Zoning District (OR) to General Commercial (GC) Zoning District. At 6:39 P.M., Mayor Capetillo opened and conducted a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 131 acres generally located west of Garth Road, on both sides of West Cedar Bayou Lynchburg Road, and east of John Martin Road including multiple parcels, all within Baytown, Harris County, Texas, from an Open Space/Recreation Zoning District (OR) to General Commercial (GC) Zoning District. Assistant Director of Planning and Development Services, Nathan Dietrich, stated that this particular item came before the Planning and Zoning Commission back in early January of this year. They held off bringing it to council because of the attached text amendment, they wanted to bring these two together. Back in 2017, there was an involuntary annexation of the larger corridor, as staff was instructed by council, and they are now going back through and zoning these parcels out. Basically, what they are asking at this particular time is to zone all of this area shown on the map to General Commercial. One of the reasons for this change was that they noticed that there were separate rezoning applications that had come through. There is a little spot along West Cedar Bayou Lynchburg that has already been zoned General Commercial. Also, the two properties further to the east, were actually rezoned by the respective landowner at the time, and so what they found was that they should go in and actually zone that whole area. To back all of that information is that staff brought a Future Land Use Plan change to council back in 2019, that was also approved, and so this would be in line with the Future Land Use Plan. He stated that he could answer any and all questions Council had at this time. Council Member Betancourth commented that she is really happy to see them doing this as a whole instead of piecemealing it every time an owner wants to change the zoning, since it was involuntarily annexed. When asked if there is another quadrant they are looking to do next, Mr. Dietrich stated yes, the area that is behind the subject property is still currently zoned Open Space/Recreation (OR), but they are wanting to bring these parcels back in phases. If they were to rezone these properties along the frontage portions to be General Commercial, they are actually proposing to zone the areas behind them to be Low Density Single-family Residential Dwellings (SFI) or something similar to that, to be more residential in use. They thought bringing these in phased approaches would be more palatable to the area. Council Member Betancourth asked them to maybe consider the I-10 frontage also, which was noted by Mr. Dietrich. Council Member Johnson asked how long it would be before the city provides accessibility for water and sewer to the residents behind GC, that they are looking to zone as SF I. How long do they have by law to do it, and how much sooner are they considering doing it? City Council Regular Meeting Minutes June 11, 2020 Page 6 of 20 Mr. Dietrich stated he was not exactly sure on the date and the timeline that goes along with it. It is usually three years after the time of annexation, i.e.; from 2017, and when they reached out to Engineering, they stated they already had their plans were already being worked on and they were at about 60 percent done. Mr. Dietrich noted that although he could not give an exact date, the goal would be for the plans to be completed by later this year and hopefully construction will immediately follow. Council Member Presley stated that, although he came in a little late, he did hear the portion that staff was going to endeavor to do SF 1 behind GC. He had a call from a business owner on Sheppard Road that has a small construction company where they keep a backhoe and some material there from time to time. Is the city staff planning on working with some of the existing businesses or commercial properties to where they do not come in as a non -conforming use? Mr. Dietrich stated that in that particular case, the staff would need to go out and do a land assessment, in order to check that out, but he thinks that if the person is not looking to expand or change the existing use at the time, they could exist as is, as non -conforming, with no penalty to them. Mayor Capetillo commented that was a good question, because obviously there are people who have residential properties along Cedar Bayou Lynchburg, which may have a residential lot that could remain a residential lot forever. However, they do not want the area to have little spots of SF1 or whatever the case may be, so they are going to come in as non -conforming, so it is either residential that is GC or GC that we put residential, but at least that there is a broad enough area that will take place so it is not like it is just one spot and that is what we have to try to avoid as much as possible. Council Member Presley agreed and stated that from what he understands, he thinks that this particular property, possibly may actually be contiguous to what is going to be zoned GC as they are not very far up Sheppard Road. Mr. Dietrich stated that staff would go out there to assess the area at that particular time when that division line would occur and they would take that into consideration. Of course, during this whole time they would go through the public hearing process and will reach out to the property owners and provide the opportunity to have that discussion with theirs at that time. With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed the second public hearing at 6:45 P.M. b. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 131 acres generally located west of Garth Road, on both sides of West Cedar Bayou Lynchburg Road, and east of John Martin Road including multiple parcels, all within Baytown, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth approving Ordinance No. 14,405, regarding agenda item 4.b. The vote was as follows: City Council Regular Meeting Minutes June 11, 2020 Page 7 of 20 Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,405 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 131 ACRES GENERALLY LOCATED WEST OF GARTH ROAD, ON BOTH SIDES OF WEST CEDAR BAYOU LYNCHBURG ROAD, AND EAST OF JOHN MARTIN ROAD INCLUDING MULTIPLE PARCELS, ALL WITHIN BAYTOWN, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) 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. 5. PROPOSED TEXT AMENDMENTS TO THE ULDC REGARDING RESIDENTIAL ACCESSORY USE a. Conduct a public hearing regarding proposed text amendments to the Unified Land Development Code of the Code of Ordinances, Baytown, Texas to (i) add a non-residential accessory use for residential accessory structures; (ii) amend zoning districts and conditions for residential accessory uses; and (iii) amend and remove conditions related to residential accessory uses. At 6:46 P.M., Mayor Capetillo opened and conducted a public hearing regarding proposed text amendments to the Unified Land Development Code of the Code of Ordinances, Baytown, Texas to (i) add a non-residential accessory use for residential accessory structures; (ii) amend zoning districts and conditions for residential accessory uses; and (iii) amend and remove conditions related to residential accessory uses. Assistant Director of Planning and Development Services, Nathan Dietrich, stated that this particular item actually is in relation to the one previously discussed. When we brought this area into the city back in 2017, this area was peppered around with different single family residential and also different types of commercial. The goal that we were trying to do is to make the City Council Regular Meeting Minutes June 11, 2020 Page S of 20 transition of some of these folks that were in this area to be as easy and flexible as possible. What staff is noticing now as they brought the area into the city, is that over the last little while there have been some wants and needs from these folks that are currently within the OR zoning district, such as them wanting to add onto their homes. Therefore, what this particular text amendment does is that it allows for that flexibility to occur for these folks that are currently in operation as a single family residential or if they were in a non-commercial or a non-residential zoning district, they would be allowed to exist as a single family residential and to put up accessory structures like front porches and other small buildings on site possibly even a pool just so they could exist as a single family residential. With that in hind, staff provided these changes to the text of the Unified Land Development Code along with conditionally allowing barns and stables in the zones of SF 1 and SF2, if they meet certain acreage requirements. Staff then brought this forward to the Planning and Zoning Commission and they asked to table the item since they felt that some of the limitations that staff had proposed were too restrictive; therefore, staff made revisions, and ended up reducing the acreage allotment from 5 acres to 2 acres. Mr. Dietrich stated that staff believed that this would give more flexibility to residents that have a home on their property, and want to have an additional shop or a hobby center. He stated that he could answer any and all questions Council had at this time. Council Member Hoskins stated they have a problem over off John Martin Road and commented that there is one guy that has so many animals out there that there is no grass on the property and the stench is horrible and so if they are going to limit the land, are they also going to limit the number of animals because this guy is a nuisance to everybody that lives around him and there is nothing they can do to help the public that is complying with everything except for this one guy. Council Member Hoskins asked when it comes to limiting the animals by land, he would say half acre or one acre, but something needs to be done to help these people out. So how is it going to affect that one individual over there? Mr. Dietrich answered that it was going to be hard for him to answer and asked if we know how large the size of the property is currently. Council Member Hoskins stated Kevin Troller might know what that is because he has been over there to visit. He is not sure of how big it is, but it is not very big and he has got a bunch of animals on it. Mr. Dietrich stated that the proposed text amendments did not change Chapter 14, which actually restricts where animals can be, but they are connecting the two so there is some overlap to ensure that animal limitations are adhered to. Council Member Hoskins stated that was very good. With there being no one registered to speak regarding agenda item 5.a., Mayor Capetillo closed the second public hearing at 6:50 P.M. b. Consider an ordinance amending the Unified Land Development Code of the Code of Ordinances, Baytown, Texas to: (i) add a non-residential accessory use for residential accessory structures; (ii) amend zoning districts and conditions for residential accessory uses; and (iii) amend and remove conditions related to residential accessory uses. City Council Regular Meeting Minutes June 11, 2020 Page 9 of 20 A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth approving Ordinance No. 14,406, regarding agenda item 5.b. 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, Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 141406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS" DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2-3 "NON- RESIDENTIAL ACCESSORY USE TABLE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD "RESIDENTIAL ACCESSORY STRUCTURES"; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS" DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2-5 "RESIDENTIAL ACCESSORY USE TABLE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS" DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS," ITEMS 2, 31 5, 8, 16, AND 23 OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, AND AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE III "DESIGN AND COMPATIBILITY STANDARDS," DIVISION 4. RESIDENTIAL ZONES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 3.115 "RESIDENTIAL ACCESSORY STRUCTURES" TO (I) ADD A NON- RESIDENTIAL ACCESSORY USE FOR RESIDENTIAL ACCESSORY STRUCTURES; (II) AMEND ZONING DISTRICTS AND CONDITIONS FOR RESIDENTIAL ACCESSORY USES; AND (III) AMEND AND REMOVE CONDITIONS RELATED TO RESIDENTIAL ACCESSORY USES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO! 100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes June 11, 2020 Page 10 of 20 6. PROPOSED AMENDMENTS TO THE HUD REQUIRED PLANS AND CDBG BUDGET a. Conduct a public hearing concerning proposed amendments to the 2015-2019 Citizen Participation Plan, 2015-2019 Consolidated Plan, and the 2019 Annual Action Plan. At 6:51 P.M., Mayor Capetillo opened and conducted a public hearing concerning proposed amendments to the 2015-2019 Citizen Participation Plan, 2015-2019 Consolidated Plan, and the 2019 Annual Action Plan. Assistant Director of Planning and Development Services, Nathan Dietrich, summarized agenda items 6.a. through 6.d. together as they were associated. He stated that just as Mayor Brandon had said, this is the opportunity to amend the 2015-2019 Citizen Participation Plan and Consolidated Plan along with the 2019-2020 Annual Action Plan. The reason for this is that there were funds allocated from HUD through the CARES Act, which is the Coronavirus Aid, Relief, and Economic Security Act, which has made about 5 billion dollars available. The City of Baytown was allotted just over 400,000 dollars, and so because these particular plans are in place and it is currently within this budget year, it was a recommendation from HUD that staff go in and amend all of these, the verbiages and such, to be able to allocate this money a lot more freely, flexible, and within a timely manner. Some of the things that are notable within each of the plans that are being done is that it allows for virtual hearings; it basically updates what a declared disaster or state of emergency is; it gives amendments for the reallocation of funds; and it reduces the public hearings of the public comment period from 30 days to 5 days. With there being no one registered to speak regarding agenda item 6.a., Mayor Capetillo closed the second public hearing at 6:53 P.M. b. Consider a resolution amending the 2015-2019 Citizen Participation Plan adopted via Resolution No. 2372 on July 23, 2015. A motion was made by Council Member Robert C. Hoskins, and seconded by Mayor Pro Tern Laura Alvarado to approve Resolution Nos. 2653 through 2655 in regards to agenda items 6.b. through 6.d. Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes June 11, 2020 Page i i of 20 RESOLUTION NO. 2653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE 2015-2019 CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, WHICH PLAN WAS ADOPTED VIA RESOLUTION 2372 ON JULY 23, 2015; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution amending the 2015-2019 Consolidated Plan, which was adopted via Resolution No. 2370 on July 23, 2015. RESOLUTION NO. 2654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE HUD 5-YEAR CONSOLIDATED PLAN FOR 2015- 2019 FOR THE CITY OF BAYTOWN, WHICH WAS ADOPTED VIA RESOLUTION NO. 2370 ON JULY 231 2015; AUTHORIZING THE SUBMISSION OF SUCH PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution amending the 2019-2020 Annual Action Plan. RESOLUTION NO. 2655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE 2019-2020 ANNUAL ACTION PLAN ADOPTED VIA RESOLUTION NO. 25961) ON JULY 111 2019; AUTHORIZING THE SUBMISSION OF SUCH PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. SPECIAL DISTRICT BUDGET FISCAL YEAR 2020-21 a. Receive the Fiscal Year 2020-21 Budget of the Baytown Crime Control and Prevention District. Director of Finance Victor Brownlees addressed the council and stated he would like for council to receive the 2020-21 budget of the Baytown Crime Control and Prevention District. The CCPD board met on Tuesday of this week and approved the budget as presented to you. On the 9th of July, the public hearing will take place, and on the 23rd of July, council will have the opportunity to formally approve the budget. City Council Regular Meeting Minutes June 11, 2020 Page 12 of 20 8. CONSENT A motion was made by Council Member Charles Johnson, and seconded by Mayor Pro Tern Laura Alvarado to approve consent agenda items 8.a. through 8.n. Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved a. Consider an ordinance authorizing Change Order No. 2 to the Fire Training Facility Phase 3 Project between the City of Baytown and Comex Corporation. ORDINANCE NO. 14,407 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH COMEX CORPORATION FOR THE FIRE TRAINING FACILITY PHASE 3 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SEVENTY-THREE THOUSAND FOUR HUNDRED EIGHTY AND 03/100 DOLLARS ($173,480.03); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the renewal of the Cityworks Asset Management Software from Azteca Systems, LLC. ORDINANCE NO. 141408 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CITYWORKS SOFTWARE CONTRACT WITH AZTECA SYSTEMS, LLC, FOR THE SOFTWARE USED TO MANAGE, TRACK, AND ANALYZE ALL CITY INFRASTRUCTURE ASSETS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SIXTY THOUSAND AND NO! 100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the purchase of the Microsoft Enterprise Agreement (EA) and Software Assurance (SA) for all City servers with SHI/Government Solutions, Inc., through the Texas Department of Information Resources. City Council Regular Meeting Minutes June 11, 2020 Page 13 of 20 ORDINANCE NO. 14,409 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY THOUSAND EIGHT HUNDRED FIFTY-EIGHT AND 38/100 DOLLARS ($70,858.38) TO SHI/GOVERNMENT SOLUTIONS, INC., FOR THE PURCHASE OF LICENSES NECESSARY FOR THE USE AND MAINTENANCE OF ALL CITY SERVERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of fifty-five (55) desktop computers and fifty-five (55) DVD+RW drives from Dell Marketing L.P. through the Texas DIR contract number DIR-TSO-3763. ORDINANCE NO. 141410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-NINE THOUSAND NINETY AND NO/100 DOLLARS ($79,090.00) TO DELL MARKETING L.P., FOR THE PURCHASE OF FIFTY-FIVE (55) DESKTOP COMPUTERS AND FIFTY-FIVE (55) DVD+RW DRIVES FOR HOUSTON HIDTA THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of replacement Windows file servers for Houston HIDTA from Dell Marketing L.P. through the Texas DIR contract number DIR-TSO-3763. ORDINANCE NO. 141411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-FIVE THOUSAND FOUR HUNDRED THIRTY-ONE AND NO100 DOLLARS ($75,431.00) TO DELL MARKETING L.P., FOR REPLACEMENT DATABASE WINDOWS FILE SERVERS FOR HOUSTON HIDTA THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing a services agreement with Databank IMX LLC, dba DB IMX LLC, for the Human Resources (HR) Active & Inactive Records Digitization Project through the Texas DIR contract number DIR-TSO-4342. City Council Regular Meeting Minutes June 11, 2020 Page 14 of 20 ORDINANCE NO. 141412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-NINE THOUSAND FIVE HUNDRED SIXTY AND NO' 100 DOLLARS (S79,560.00) TO DATABANK IMX LLC, D/B'A DB IMX LLC, FOR THE HUMAN RESOURCES ACTIVE & INACTIVE RECORDS DIGITIZATION PROJECT THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the renewal of the Annual Janitorial Services Contract with McLemore Building Maintenance, Inc. ORDINANCE NO. 141413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SERVICES CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SEVENTY-FOUR THOUSAND NINE HUNDRED NINETY-EIGHT AND 76;100 DOLLARS (S174,998.76); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the purchase of one (1) Kenworth T370 14-cubic yard Dump Truck from Cleveland Mack Sales, Inc., d/b/a Performance Truck for the Public Works Department through BuyBoard contract number 601-19. ORDINANCE NO. 141414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINE THOUSAND NINE UNDRED TEN AND 59/ 100 DOLLARS ($109,910.59) TO CLEVELAND MACK SALES, INC., D/B/A PERFORMANCE TRUCK, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE (1) KENWORTH T370 14- CUBIC YARD DUMP TRUCK FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding the Annual No -Lead Brass Fittings Contract to Coburn Supply Company, Inc. City Council Regular Meeting Minutes June 11, 2020 Page 15 of 20 ORDINANCE NO. 14,415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF COBURN SUPPLY COMPANY, INC., FOR THE ANNUAL NO -LEAD BRASS FITTINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED TWENTY-EIGHT THOUSAND ONE UNDRED SEVEN AND 60100 DOLLARS ($128,107.60); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution adopting all of Volume I and the City of Baytown's portion of Volume 2 of the Harris County Multi -Hazard Mitigation Action Plan. RESOLUTION NO.2656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING ALL OF VOLUME 1 AND THE CITY OF BAYTOWN'S PORTION OF VOLUME 2 OF THE HARRIS COUNTY MULTI -HAZARD MITIGATION ACTION PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider a resolution authorizing the City of Baytown to make application for the 2020 grant from the Office of National Drug Control Policy for the Houston High Intensity Drug Trafficking Area Program. RESOLUTION NO.2657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR A 2020 GRANT FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM IN THE AMOUNT OF ONE MILLION THREE HUNDRED TWENTY-NINE THOUSAND FOUR HUNDRED TWO AND NO" 100 DOLLARS ($1,329,402.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider a proposed resolution amending and restating Resolution No. 227 regarding the consent to the formation of the Cedar Bayou Park Utility District. RESOLUTION NO. 2658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 227 OF THE BAYTOWN CITY COUNCIL ADOPTED ON DECEMBER 12, 1968, REAFFIRMING CONSENT TO City Council Regular Meeting Minutes June 11, 2020 Page 16 of 20 THE FORMATION OF A RECLAMATION DISTRICT UNDER THE AUTHORITY OF ARTICLE 16, SECTION 59, OF THE CONSTITUTION OF THE STATE OF TEXAS, KNOWN AS CEDAR BAYOU PARK UTILITY DISTRICT, AND EMBRACING WITHIN ITS BOUNDARIES 188.01 ACRES OF LAND, LESS CERTAIN LAND SUBSEQUENTLY REMOVED FROM THE DISTRICT'S BOUNDARIES, MORE OR LESS, IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. M. Consider a resolution amending the City of Baytown Purchasing Policy (i) to add rules for electronic bidding (ii) to add alternative delivery methods for construction contracts, and (iii) to add related practices to comply with all applicable federal statutes and regulations. RESOLUTION NO.2659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CITY OF BAYTOWN PURCHASING POLICY (I) TO ADD RULES FOR ELECTRONIC BIDDING, (II) TO ADD ALTERNATIVE DELIVERY METHODS FOR CONSTRUCTION CONTRACTS, AND (III) TO ADD RELATED PRACTICES TO COMPLY WITH ALL APPLICABLE FEDERAL STATUTES AND REGULATIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution determining the alternative delivery method for the construction of the Baytown Animal Services and Adoption Center and authorizing the issuance of a request for competitive proposals. RESOLUTION NO. 2660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SELECTING THE ALTERNATIVE DELIVERY METHOD THAT WILL YIELD THE BEST VALUE TO THE CITY OF BAYTOWN FOR THE CONSTRUCTION OF THE BAYTOWN ANIMAL SERVICES AND ADOPTION CENTER PROJECT; AUTHORIZING THE ISSUANCE OF A REQUEST FOR SEALED PROPOSALS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. BAYTOWN COMMUNITY ENGAGEMENT ADVISORY COMMITTEE a. Consider a resolution confirming the Baytown Community Engagement Advisory Committee as a committee of the City and establishing its composition, purpose, and duties. Mayor Capetillo commented that in regards to this item, following some activities in Baytown last June of 2019, he wanted to ensure that citizens had the ability to voice their concerns in and to the city, so he went ahead and created an advisory committee. He noted that in the past hew month, those involved have certainly learned a lot and have hosted at least two to three town City Council Regular Meeting Minutes June 11, 2020 Page 17 of 20 halls where they were able to gather information from the community to help them really understand how they can fill the gap between sectors of the community that feel that they have not been heard. Mayor Capetillo stated that this venue was a part of the purpose of this committee and between them and law enforcement, they are ensuring that they can build trust in the Baytown Police Department. Mayor Capetillo continued to comment that obviously all of them want civil order in the city and he felt that the City needs its police officers, but they also need to ensure that all of those activities are something where all people of the community are represented and are policed obviously within best practices. He noted that the advisory committee consisted of himself, as Mayor, and his office, but he believed that the next step is to go and elevate this committee to a true standing committee of the City of Baytown and in order to do that, the item needed to be brought forth to the Council for their action, which is what is being done tonight. Mayor Capetillo stated that the committee will continue to go and offer the ability for voices to be heard to come up with ideas to fill the gap and to allow discussions to take place in an effective environment and a peaceful environment. Mayor Capetillo stated that the committee has worked well and he was proud of every single member that has participated and whom think that this will provide us an opportunity for a few things. Mayor Capetillo stated that stated that right now when during City Council meetings and its citizen communication process, it is a one-way conversation for the most part, but that is the way the law was written; i.e., when someone comes to council for a citizen communication, they have 3 minutes to voice their concern. There is no response given to their from himself, council or staff, so there is no discussion. Therefore, moving this committee to a true standing committee of the City of Baytown, would allow opportunities for future meetings and future events to be held and where discussions could take place, where there could be dialogue between members of the community, members of the committee, and members of council, even amongst each other. He fully supports this type of this engagement advisory committee so that we can continue a lot of the work that we have started and still have a lot to do. Mayor Capetillo noted that of course, as they move forward, there would be some details that still need to be worked out, such as membership, requirements, and terms. It would not become official until July 20th. It does allow the ability for the committee members to participate in a Texas Open Meetings Act education class, which is a requirement. There would be posted meeting agendas that will be open to the public and fully transparent. He offered to answer any questions regarding the committee. A motion was made by Council Member Charles Johnson, and seconded by Council Member Chris Presley to approve Resolution No. 2661, in regards to agenda item 9.a. Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None City Council Regular Meeting Minutes June 11, 2020 Page 18 of 20 Other: Council Member David Himsel (Absent) Approved Mr. Antony Carrington, Ms. Felica Gregory, Mr. Derrick Wade, and Ms. Jo -Anne Blanchard all registered to speak on agenda item 9.a.. Mr. Anthony Carrington stated he would serve as spokesperson for others registered to speak. He stated that although he lives in Crosby, Texas, he is originally from Baytown and comes here every day. He stated that they wanted to understand why this committee was being created, which was answered by the mayor in his opening comments. Mr. Carrington commented that they want to keep their advocacy peaceful, but they also want to see action and be offered a place to do that, to communicate with council and staff. Ms. Felica Gregory stated that she lives on the line of Chambers County, her address is off Linwood, and she has had a few scares because when something happens at the address behind her, on Ashley Lane, the police tend to always show up at her house with a flashlight. She has addressed the issue with the Baytown Police Department, but the issue has not been rectified. Mr. Derrick Wade, address is 1905 Chesapeake Street, and lie is a 20-year retired Navy vet. Mr. Wade commented on the fact that growing up he has personally seen the harassment from police officers, he has no ill -fate towards police officers, but would like for there to be direct communication with the community, not just directing people to website because some of the elderly people are not computer savvy, therefore, the communication tends to get lost. He is retired but takes care of his three elderly parents who are in their 70s and 80; his mom, stepdad, and father. His mother worries all the time about something bad happening to him by a police officer. Ms. Jo -Anne Blanchard stated she lives off South Circle and asked for clarification on when the Citizen Engagement Advisory Committee was created and Mayor Capetillo answered June 2019. She indicated that she considers herself pretty active in the community, but this is the first time she has heard of such committee and prompted several questions to council in regards to the component of the committee and if it is fully represented by the community as a whole, different cultures and backgrounds. She requested that the outreach and education for this committee be extended to all parts of the community both inside and outside of the city limits and through other venues that are not website or social media centric. Ms. Ashley Wilson Malone did not register to speak for agenda item 9.a., however, the mayor allowed her to provide a few comments. She stated that she is a teacher and she was not able to educate some of her students due to theirs not have internet services. Secondly, there are no statues to represent diversity in the City of Baytown so people feel they are part of the community and they need to feel safe Ms. Jessica Brown, who resides in Houston, asked if the City of Baytown would be holding a Juneteenth celebration and requested that any such information be shared with the community. City Council Regular Meeting Minutes June 11, 2020 Page 19 of 20 Council Member Hoskins made a motion, seconded by Council Member Betancourth, to amend the motion on the table to extend the effective date of Resolution No. 2661, to August 30, 2020. Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None Other: Council Member David Hitmsel (Absent) Approved RESOLUTION NO.2661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONFIRMING THE BAYTOWN COMMUNITY ENGAGEMENT ADVISORY COMMITTEE AS A COMMITTEE OF THE CITY AND ESTABLISHING ITS COMPOSITION, PURPOSE, AND DUTIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider appointments to the Baytown Community Engagement Advisory Committee. City Clerk Leticia Brysch stated she believed council had made the decision in the discussion that they have a list of people but they want to consider amending some of the requirements and asked if they will be holding off on actually appointing people tonight. Mayor Capetillo answered yes but indicated that the members who are currently on the committee will continue to serve. A motion was made by Council Member Robert C. Hoskins, and seconded by Mayor Pro Tern Laura Alvarado to suspend Item 9.b. to a meeting no later than August 30, 2020. Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes June 11,2020 Page 20 of 20 10. a. Consider three (3) appointments to the Baytown Industrial Appraisal Review Board. A motion was made by Mayor Pro Tem Laura Alvarado, and seconded by Council Member Chris Presley to approve the three re -appointments of Mr. Ron Haddox, Mr. Chet Theiss, and Ms. Donna Winfrey, to the Industrial Appraisal Review Board, in which all three (3) desired re- appointment and would serve another one (1) year term, beginning July 1, 2020 and expire June 30, 2021. Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) 11. MANAGER'S REPORT Parks Director Scott Johnson gave a brief overview of the of the events being held throughout the City, first one being Party on the Peninsula, which is taking place, Friday, June 19th, at the Nature Center. from 9:30 P.M. to 11:00 P.M. Also, Mr. Johnson stated that the Farmers Market will be returning on Saturday, June 20t". They have 17 vendors registered, which they are excited about. Lastly, he provided an update on Calypso Cove and Pirates Bay water parks opening to the public at a reduced capacity rate. 12. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the June 11, 2020, City Council Regular Meeting at 7:56 P.M. Lelicia Brysch, City City of Baytown