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2020 08 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 13, 2020 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 13, 2020, at 6:31 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Chris Presley Charles Johnson Heather Betancourth Robert Hoskins David Himsel Brandon Capetillo Rick Davis Karen Horner Leticia Brysch Keith Dougherty Council Member Council Member Mayor Pro Tem Council Member Council Member Council Member Mayor City Manager Assistant City Attorney City Clerk Sergeant at Anus Mayor Capetillo convened the August 13, 2020, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley. 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 Meeting held on June 11, 2020. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member David Himsel to approve the minutes of the City Council Work Session and Regular Meeting held on June 11, 2020, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel City Council Regular Meeting Minutes August 13, 2020 Page 2 of 21 Nays: None Approved b. Consider approving the minutes of the City Council Special Meeting held on June 22, 2020. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Heather Betancourth to approve the minutes of the City Council Special Meeting held on June 221 2020, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved C. Consider approving the minutes of the City Council Work Session and Regular Meeting held on June 25, 2020. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Heather Betancourth to approve the minutes of the City Council Work Session and Regular Meeting held on June 25, 2020, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Hirnsel Nays: None Approved d. Consider approving the minutes of the City Council Regular Meeting held on July 9, 2020. A motion was made by Council Member Heather Betancourth, and seconded by Mayor Pro Tern Charles Johnson to approve the minutes of the City Council Regular Meeting held on July 9, 2020, as submitted. The vote was as follows: City Council Regular Meeting Minutes August 13, 2020 Page 3 of 21 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, and Council Member David Himsel Nays: None Other: Council Member Robert C. Hoskins (Abstain) Approved C. Consider approving the minutes of the City Council Budget Work Session held on July 20, 2020. A motion was made by Council Member David Himsel, and seconded by Council Member Heather Betancourth to approve the minutes of the City Council Budget Work Session held on July 20, 2020, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved f. Consider approving the minutes of the City Council Work Session and Regular Meeting held on July 23, 2020. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Laura Alvarado to approve the minutes of the City Council Work Session and Regular Meeting held on July 23, 2020, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Receive the 2020 City of Baytown Parks and Recreation Annual Report. City Council Regular Meeting Minutes August 13, 2020 Page 4 of 21 Ms. Cannen Torres, Chair for the Parks and Recreation Advisory Board submitted this 2019- 2020 Parks and Recreation Annual Report to the City Council as is required by code; said report was approved by the Parks and Recreation Advisory Board at its regular monthly meeting held on August 5, 2020. Mayor Capetillo stated that the report had been received and thanked the Parks Board for their continued hard work and progress during this difficult time. b. Receive recognition from the American Public Works Association (APWA) Texas Chapter for the Sustainability Practices Award for 2020. Public Works and Engineering Director Frank Simoneaux presented the American Public Works Association (APWA) Texas Chapter Sustainability Practices Award for 2020 to Kevin Hilyard, Foreman of the Traffic Control Division and members of his team. Mr. Simoneaux noted that the City of Baytown Public Works Traffic Division was selected by the APWA Texas Chapter, to receive the Sustainability Practices Award for 2020 for their continued implementation of an Automated Traffic Management System (ATMS). He stated that fifty-four Baytown intersections are now connected to ATMS and are either managed or monitored at the City's Traffic Management Center. These improvements have increased the efficiency of the City's traffic system and reduced travel delays. Additional data also allows the team to make improvements sooner than what was previously possible. The team is to be commended for their professionalism and dedication to continuous improvement. a. Recognize City of Baytown Employees for their Years of Service. Human Resources Manager Grey Scott presented the item and stated that this is the last catch-up item for the years of service awards, and the next council meeting will consist of years of service awards for the month of August only. He also noted that the HR team had received a lot of positive feedback from staff members on the new system and the Council will note during the presentation that many staff members have really embraced the look and feel of their pictures. The years of service awards were the following: 5 YEARS RICK DAVIS, CITY MANAGER TEVIAN COWINS, PARKS CREW LEADER THANG LAM, ENGINEER TRAINEE TROY CAYTON, TELECOMMUNICATIONS SUPERVISOR 10 YEARS BRANDON CARVER, FIRE MECHANIC SUPERVISOR JUSTYN HOSPEDALES, PARKS FIELD SUPERVISOR NICK WOOLERY, ASSISTANT CITY MANAGER MARGINE SOMOZA, POLICE PROPERTY ROOM SPECIALIST TRACY WOOLSTON, HR SPECIALIST I City Council Regular Meeting Minutes August 13, 2020 Page 5 of 21 15 YEARS LILIANA GONZALEZ, POLICE PROPERTY ROOM SUPERVISOR JEFFREY SPENCER, PATROL OFFICER 20 YEARS KATHERINE SHEPPARD, STORM WATER SPECIALIST DONALD CURRY, PUBLIC WORKS SUPERINTENDENT 25 YEARS DALE HUGHES, ENGINEERING SENIOR PROJECT COORDINATOR 30 YEARS KEVIN POWELL, ENGINEERING CONSTRUCTION INSPECTOR II 3. PROPOSED REZONING OF APPROXIMATELY 1.07 ACRES OF LAND a. Conduct a public hearing concerning a request to amend the City of Baytown official zoning map to rezone approximately 1.07 acres in the 1500 Block of Barcelona Way, legally described as Lots 39 - 52 of the Colony Madrid Subdivision, Harris County, Texas, from a Mixed Use (MU) Zoning District to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. At 6:54 P.M., Mayor Capetillo opened the public hearing regarding a request to amend the City of Baytown official zoning map to rezone approximately 1.07 acres in the 1500 Block of Barcelona Way, legally described as Lots 39 - 52 of the Colony Madrid Subdivision, Harris County, Texas, from Mixed use (MU) to Mixed residential at low to medium densities (SF2) zoning district. Planning and Development Services Director Tiffany Foster presented the item and stated that this application proposes the rezoning of approximately 1.07 acres situated along Barcelona Way that would allow for the construction of single-family homes on property currently configured for townhomes. The land use conditions in Section 2.10(A)(44)(b) of the ULDC require rezoning the property from MU to S172 in order to bring the property into compliance with current zoning regulations. She further stated that a pending replat establishes a density reduction from fourteen to nine units per acre to provide an appropriate transition from existing townhomes to the west and single-family properties to the east and noted that the requested zoning amendment aligns with the current FLUP designation of Low to Medium Density residential allowing for single- family residential in this existing neighborhood. Mrs. Foster noted that the developer was available via Zoom to answer any questions. There being no questions, at 6:57 P.M., Mayor Capetillo closed this public hearing regarding the rezoning of approximately 1.07 acres in the 1500 Block of Barcelona Way from MU to SF2. City Council Regular Meeting Minutes August 13, 2020 Page 6 of 21 b. Consider an ordinance to amend the City of Baytown official zoning map to rezone approximately 1.07 acres in the 1500 Block of Barcelona Way, legally described as Lots 39- 52 of the Colony Madrid Subdivision, Harris County, Texas, from a Mixed Use (MU) Zoning District to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. A motion was made by Council Member David Himsel, and seconded by Council Member Chris Presley to approve Ordinance No. 14,455, related to Item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 141455 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 1.07 ACRES IN THE 1500 BLOCK OF BARCELONA WAY, LEGALLY DESCRIBED AS LOTS 39- 52 OF THE COLONY MADRID SUBDIVISION, HARRIS COUNTY, TEXAS, FROM A MIXED USE (MU) ZONING DISTRICT TO A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) 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 TI IEREOF 4. BAYTOWN MUNICIPAL FY2020-21 PROPOSED BUDGET a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2020-21 Proposed Budget. At 6:59 P.M., Mayor Capetillo opened the public hearing regarding the City of Baytown Fiscal Year 2020-21 Proposed Budget. There was no staff summary. There were two speakers signed up to speak on this item: Marga Matthews, 1512 Echols Street, who noted the following concerns with the proposed budget: (1) 3% raise increase to staff, (2) improvements to District No. 6 to include gunshots at City Council Regular Meeting Minutes August 13, 2020 Page 7 of 21 Roseland Park, sidewalks, public safety, roads, and infrastructure, (3) neglect of District 6 on previously mentioned issues particularly with beautification of Alexander Drive. Byron Schirmbeck, 4727 Black Stone Street, who noted concerns with (1) the 3% raise to the staff in the proposed budget, (2) monies budgeted for lobbying efforts in both state and federal levels, (3) increase in tax revenues, and (4) being the highest per capita debt and highest tax rates of comparable cities. At 7:07 P.M., Mayor Capetillo closed the public hearing regarding the City of Baytown Fiscal Year 2020-21 Proposed Budget. b. Consider adopting or postponing the adoption of the City of Baytown Fiscal Year 2020-21 Municipal Budget. Mayor Capetillo stated that he wanted to touch upon a few of the citizen comments and noted that last year, the state did pass Senate Bill 2 which includes what they called a voter approved tax rate that went from 8% to 3.5%, of which the proposed budget complies with, even with the increases to the tax exemptions to those that are 65 years or older and/or disabled and with no increases to the water rates. Mayor Capetillo noted that the proposed budget is very conservative and does not include any new staff, which is a concern for him in a growing city as it relates to providing services related to police and fire. He noted that the three percent increase for the estimated 900 city employees is actually very modest, considering the level of hard work, dedication and levels of expertise that they bring to the city. Mayor Capetillo noted that for the third year in a row, the Council has reduced the tax burden on its citizens by lowering the city tax for two years in a row and then increasing the exemptions in the third year. He noted that he is most proud of in this proposed budget is all the things that are being address, such as the work on Garth Road and many other infrastructure concerns throughout the City's single member districts because this Council is the kind of council that likes to get things fixed. He noted that staff will be addressing the concerns along Alexander Drive but noted that it will take some time to fix the issues that have compounded over the many years of neglect in the area. Lastly, he noted that the lobbying monies are used to pay for consultants to assist the City in reviewing hundreds of bills that could potentially hurt the City and never have the lobbying consultants helped the City advocated for or against anything detrimental to the city and this community. Council Member Presley recommended postponing the adoption of the budget to allow for more members of the public to give their input. Council Member Hoskins noted that as it relates to the comment about taxpayer funded lobbying, the perception that lobbying happens at a bar in Hawaii is not true and that is not allowed. He stated that the lobbyist are the City's consultants, which are shared with other surrounding cities so everyone can get the best bang for their buck and work together to stop bad legislation. Council Member Hoskins also noted that the increase in this year's budget is because of the amazing growth in the area, while at the same time providing tax relief, the Council is doing the right and prudent thing for its citizens. City Council Regular Meeting Minutes August 13, 2020 Page 8 of 21 Council Member Betancourth asked for input on the neighborhood empowerment grants as they are very citizen centric. Assistant City Manager Nick Woolery stated through this pilot program that would allow for neighborhood groups can bring in their ideas or projects that would better their community and neighborhoods. Outside of this grant, there would be no funding in the budget for these types of special projects. Council Member Presley stated that $30,000 is not enough for these types of programs and he would like to see that amount increased. A motion was made by Council Member Laura Alvarado, and seconded by Mayor Pro Tem Charles Johnson to postpone the adoption of the City of Baytown Fiscal Year 2020-21 Proposed Budget to the next regularly scheduled meeting, August 27, 2020. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved C. Consider an ordinance amending Chapter 98 "Utilities" of the Code of Ordinances, Baytown, Texas, to update certain service fees and add new service fees related to utility services provided by the City of Baytown. Assistant Finance Director Gina Guillory, presented the item and stated that this item was discussed at a previous work session, and staff still recommended approval of the proposed fees. A motion was made by Council Member David Himsel, and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,456, related to Item 4.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE" OF THE CODE OF ORDINANCES, City Council Regular Meeting Minutes August 13, 2020 Page 9 of 21 BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 98-61.5 "VACANT PROPERTY"; AMENDING CHAPTER 98 "UTILITIES," ARTICLE III "WATER SERVICE," SECTION 98-62 "PROCEDURES AND REMEDIES FOR NONPAYMENT OF BILLS," SUBSECTIONS (B), (E), (F), AND (J) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE CERTAIN UTILITY FEES; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO 100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED ORDINANCES a. Consider an ordinance authorizing the Fourth Amendment to the Agreement for Professional Services and Employment as City Manager with Richard L. Davis. There was no staff summary and there was one person signed up to speak on this item. Byron Schirmbeck, 4727 Black Stone Street, who presented an analysis of the city manager's compensation in comparison to other city managers, the Texas Governor, and the mayors of Houston and New York, and noted that lie is paid handsomely and recommended that the city manager either decline his raise or donate it to other lower paying employees. Mayor Capetillo and Council Member Hoskins stated that Mr. Schinnbeck's wage analysis was not completely accurate or fair as Baytown had a different form of government than Houston and New York. Council also noted that Mr. Davis was an exceptional city manager that had done wonderful things for the city and they were happy with the services he had provided their and the organization. Council Member Presley and Council Member Johnson requested clarification on whether the city manager was due a 2% raise or a 3% raise. Assistant City Manager Kevin Troller stated that both HR Director Carol Flynt and City Manager Davis were clear and correct in their answers that the current year of FY20, employees got 2% raise with next year being FY21 with the proposed budget having a 3% increase. He noted that when Council has given the city manager his raises in the past, they have looked at what year was being considered, and to the best of his knowledge, the Council has always looked forward to the proposed year. Interim City Attorney Karen Horner stated, in response to a question from Mayor Capetillo on the city manager's raises that, the contract amendment before the Council included this clarification language to note that the raise is for the fiscal year of when the review was given, which was not so in the past. The Council thanked Mr. Davis for all of his hard work and dedication to them, the organization and the city. City Council Regular Meeting Minutes August 13, 2020 Page 10 of 21 A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Heather Betancourth to approve Ordinance No. 14,457, related to Item 5.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,457 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FOURTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY MANAGER WITH RICHARD L. DAVIS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance repealing Chapter 14 "Animals" of the Code of Ordinances, Baytown, Texas (the "Code") and amending and updating the Code to include a new chapter to be numbered and entitled Chapter 14 "Animals" to include new definitions, micro -chipping requirements for certain animals, restricting the sale of animals from public property, and allowing certain animals to be maintained within the City if specific distancing is satisfied. Health Director Tony Gray presented the item and stated that it has been three weeks since the last time that this item was brought before the Council and pointed that in addition the changes in the agenda packet, the Council has a red -lined copy of the ordinance at the dais. He noted three minor revisions to Chapter 14: 1) On page 10, they had to revise the wording in section 14-8 since council had recently amended the ULDC to allow barns in residential zoning districts provided the spacing requirements in Chapter 14 were satisfied, therefore, with the help of Legal and the Planning division, they removed the reference to zoning districts and replaced with "property held, used or zoned for noncommercial purposes." They also removed the deduction calculation and instead reduced the number of points allowed per acre from 100 to 50 points, and removed any points attributed to pigs as they are prohibited. 2) On page 12, section 14-10 "Public Nuisances," they added two words to part (a) where it says, "offensive by reason of odor, or dust or to create a condition" that could potentially become a nuisance. In part (c), they also added two words at end of sentence where it states, "the lack of or improper disposal of an animal or aninzal n,aste," to better clarify conditions that would help them enforce a nuisance type violation. 3) On page 26, in regards to the liability insurance coverage requirement for a declared dangerous dog was $100,000 per state code, but they increased it to $300,000 to cover damages resulting from an attack by a dangerous dog. City Council Regular Meeting Minutes August 13, 2020 Page 11 of 21 Mr. Jay Garrett, board member of the Animal Control Advisory Committee, highlighted some of proposed changes regarding the language that allows them to care for the animals as a designated caretaker, 1) to vaccinate animals upon intake and be a responsible City entity and caring for the animals that come to our facility, which they are several years behind from a municipal's perspective compared to other municipalities, and 2) allows them to microchip animals, which helps identify animals that are coming to the shelter regularly, in return it saves cost and manpower and allows animals to get homes sooner. The clean copy in front of them of the revised ordinance does not include all of the updates that they wished to do as they are working off several years of documentation and it is incredibly labor intensive for the committee and from an administrative perspective, however, they will keep pushing forward and try to improve the processes for animal welfare. Mayor Pro Tern Johnson asked that they look into revising the ordinance to address cats in the very near future. Council Member Hoskins asked if they used proper tenn "animal services" versus "animal control" throughout the document, and Interim City Attorney Karen Horner stated that they made sure to use the defined terms noted at the beginning of the chapter appropriately throughout the document. Council Member Hoskins went on to discuss certain changes as it relates to enforcement of animal cruelty and whether citations can be issued, micro - chipping requirements, euthanizing, the reduction of time for animals to be adopted from 5 to 3 days, which Health Director Gray indicated that although they want to provide the care, they also want to give quicker turnaround to place animals in homes and reduce overcrowding and the risk of spreading diseases within the shelter. The three days does not include the date of impoundment. In regards to liability requirements for declared dangerous dogs, Council Member Himsel asked if they could make it a requirement for the Health department to be notified if an incident occurs, whether it is a bite to a hurnan or a killing of other animals on private property. Mr. Gray stated that they would only know if there was a witness present or if the animal owner of the victim animal notifies them, or if they require hospital care then the hospital is required to report it to the local health authority. Assistant City Manager Kevin Troller emphasized that the City Manager's top priority has always been the people and the importance of keeping the citizens safe on the streets, especially when it comes to aggressive animals. A motion was made by Council Member Heather Betancourth, and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,458, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes August 13, 2020 Page 12 of 21 ORDINANCE NO. 141458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 14 "ANIMALS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW CHAPTER TO BE NUMBERED AND ENTITLECHAPTER 14 "ANIMALS" TO UPDATE THE ANIMAL CONTROL ORDINANCE TO STATE LAW, TO ESTABLISH MINIMUM STANDARDS FOR PROPER CARE AND TO REQUIRE MICRO - CHIPPING OF CERTAIN ANIMALS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR OFFENSES CONSTITUTING PUBLIC NUISANCES AND FIVE IIUNDRED AND NO/100 DOLLARS (S500.00) FOR ALL OTIIER OFFENSES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTIONS a. Consider establishing a policy regarding the number of City boards, committees, commissions, and task forces a person may be appointed to by the City Council and serve at the same time. Interim City Attorney Karen Horner presented the item and stated that this proposed resolution establishes a policy regarding the number of City boards, committees, commissions, and task forces a person may be appointed to by the City Council and serve at the same time, and limited the number to two city boards. She noted that for the purposes of this policy the MDD and PCF were considered one board and the TIRZ and BRA were considered one board. Mrs. Horner noted that this policy will apply to future appointments and will not require any person to resign from a position to which he/she is currently appointed, and should the Council desire to suspend this policy to appoint someone to a third board, it could by a 2/3 majority vote of the Council and not just of those present. A motion was made by Council Member Laura Alvarado, and seconded by Council Member Robert C. Hoskins to approve Resolution No. 2670, related to Item 6.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes August 13, 2020 Page 13 of 21 RESOLUTION NO. 2670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A POLICY REGARDING THE NUMBER OF CITY BOARDS, COMMITTEES, COMMISSIONS, TASK FORCES, ENTITIES, AND CORPORATIONS ON WHICH A PERSON MAY SERVE AT ONE TIME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider approving a resolution nominating Covestro LLC to the Office of the Governor, Texas Economic Development Bank, for designation as a qualified business and an Enterprise Project under the Texas Enterprise Zone Program. Planning and Development Services Director Tiffany Foster presented the item and stated that the proposed resolution nominates Covestro LLC to the Office of the Governor, Texas Economic Development Bank, for designation as a qualified business and an Enterprise Project under the Texas Enterprise Zone Program. Covestro LLC intends to invest approximately $834,910,000 over the next five years at the Baytown manufacturing facility. This would include spending to expand, upgrade, repair, and maintain the facility. The planned capital improvement projects are primarily focused on increasing manufacturing capacity and efficiency that will improve the operations of the production units. Upgrades are also needed to comply with corporate and government safety policies. As a result of this significant capital investment, Covestro LLC respectfully requests to receive job creation and retention benefits under the Texas Enterprise Zone Program. Covestro LLC qualifies for the retained jobs benefit under Texas Government Code Section 2303.406(a)(4)(D), because it has and will continue to employ individuals who are enterprise zone residents, economically disadvantaged, or veterans. Covestro LLC commits to retain 1,152 jobs and create 50 new jobs. A motion was made by Council Member Laura Alvarado, and seconded by Council Member David Himsel to approve Resolution No. 2671, related to Item 6.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved RESOLUTION NO. 2671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING COVESTRO LLC, TO THE TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE WITHIN THE OFFICE OF THE GOVERNOR THROUGH THE TEXAS ECONOMIC DEVELOPMENT BANK City Council Regular Meeting Minutes August 13, 2020 Page 14 of 21 FOR DESIGNATION AS A QUALIFIED BUSINESS AND AN ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. CONSENT A motion was made by Council Member Chris Presley, and seconded by Council Member Laura Alvarado to approve Consent Agenda Items Ta. through 7.n., save and except Items 7.d. and TE The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved a. Consider an ordinance authorizing the closeout, acceptance, and final payment for the 2018 Annual Sanitary Sewer Rehabilitation Project Year 1 to Texas Pride Utilities LLC. ORDINANCE NO. 14,459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2018 ANNUAL SEWER REHABILITATION PROJECT YEAR l; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTY-THREE THOUSAND NINE HUNDRED SEVENTY-SIX AND 371100 DOLLARS ($53,976.37) TO TEXAS PRIDE UTILITIES LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing acceptance, closeout and release of retainage to Triple B Services LLP, for the 2018 Street Reconstruction Project. ORDINANCE NO. 141460 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2018 STREET RECONSTRUCTION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED FIFTY-EIGHT THOUSAND THREE HUNDRED NINETY-FOUR AND 72.100 DOLLARS ($158,394.72) TOTRIPLE B SERVICES LLP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 13, 2020 Page 15 of 21 C. Consider an ordinance authorizing a Consulting Services Agreement with Hill International, Inc., to perform construction inspection services, for the Animal Services and Adoption Shelter Project. ORDINANCE NO. 14461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH HILL INTERNATIONAL, INC., FOR CONSTRUCTION INSPECTION SERVICES FOR THE ANIMAL SERVICES AND ADOPTION SHELTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-THREE THOUSAND NINE HUNDRED AND NOI 100 DOLLARS ($123,900.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance awarding the Northeast District Wastewater Treatment Plant Cleaning to Magna -Flow Environmental Services, Inc. ORDINANCE NO. 141462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MAGNA-FLOW ENVIRONMENTAL SERVICES, INC., FOR THE NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT CLEANING PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MAGNA-FLOW ENVIRONMENTAL SERVICES, INC., FOR THE NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT CLEANING PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE HUNDRED TWENTY-THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($123,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing Amendment No. 2 to the Services Agreement with The University of Texas M.D. Anderson Cancer Center in furtherance of its Healthy Communities initiatives. ORDINANCE NO. 14,463 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 SERVICES AGREEMENT WITH THE UNIVERSITY City Council Regular Meeting Minutes August 13, 2020 Page 16 of 21 OF TEXAS M.D. ANDERSON CANCER CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing a payment to Versaterm, Inc., for the annual support and software maintenance. ORDINANCE NO. 141464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY- FOUR THOUSAND THREE HUNDRED SEVENTY AND NO/100 DOLLARS ($174,370.00) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving the purchase and installation of audio/visual equipment at the Fire Training Facility from DataVox Inc., through the Texas Department of Information Resources. ORDINANCE NO. 141465 AN ORDINANCE OF TI IE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIX THOUSAND ONE HUNDRED EIGHTY-THREE AND 37/100 DOLLARS (S 106,183.37) TO DATAVOX INC., FOR THE PURCHASE AND INSTALLATION OF AUDIOVISUAL EQUIPMENT AT THE FIRE TRAINING FACILITY THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the award of the Annual Tire and Tube Contract to Goodyear Tire and Rubber Company and to Fullers Tire Company. ORDINANCE NO. 145466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS OF GOODYEAR TIRE AND RUBBER COMPANY AND FULLERS TIRE COMPANY AS DESCRIBED HEREIN FOR THE ANNUAL TIRE AND TUBE CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SEVENTY-FOUR THOUSAND EIGHT HUNDRED FIFTY-TWO AND NOl 100 DOLLARS ($174,852.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 13, 2020 Page 17 of 21 k. Consider an ordinance approving an Interjurisdictional Mutual Aid Agreement with Chambers County, the City of Anahuac, the City of Beach City, the City of Cove, the City of Old River-Winfree, and the City of Mont Belvieu, to foster communications and the sharing of resources, personnel and equipment in the event of a disaster. ORDINANCE NO. 141467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERJURISDICTIONAL MUTUAL AID AGREEMENT WITH CHAMBERS COUNTY, THE CITY OF ANAHUAC, THE CITY OF BEACH CITY, THE CITY OF COVE, THE CITY OF OLD RIVER-WINFREE, AND THE CITY OF MONT BELVIEU, TO FOSTER COMMUNICATIONS AND THE SHARING OF RESOURCES, PERSONNEL AND EQUIPMENT IN THE EVENT OF A DISASTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing a Professional Service Agreement with Public Management, Inc. for the Administration of Disaster Recovery Funding. ORDINANCE NO. 145468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT ADMINISTRATION SERVICES AGREEMENT FOR DISASTER RECOVERY FUNDING WITH PUBLIC MANAGEMENT, INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Consider a resolution approving the issuance of $6,215,000 Unlimited Tax Bonds, Series 2020 by Harris County Municipal Utility District No. 473 as meeting the requirements of Section 98-703(17) of the Code of Ordinances, Baytown, Texas. RESOLUTION NO. 2672 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473'S ISSUANCE OF SIX MILLION TWO HUNDRED FIFTEEN THOUSAND AND NO! 100 DOLLARS ($6,215,000.00) UNLIMITED TAX BONDS, SERIES 2020, AS MEETING THE REQUIREMENTS OF SECTION 98-703(17) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 13, 2020 Page 18 of 21 n. Consider a resolution authorizing the City of Baytown to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the FY2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program on behalf of the Police Department. RESOLUTION NO. 2673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM, FY2020 LOCAL SOLICITATION ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND SEVEN HUNDRED NINETEEN AND NO. 100 DOLLARS ($19,719.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Development Agreement for the Use of City - Owned Detention Facilities with PDG Baytown, LLC. A motion was made by Council Member Chris Presley, and seconded by Council Member Robert C. Hoskins to approve Ordinance No. 14,469, related to Item 7.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 141469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A DEVELOPMENT AGREEMENT FOR THE USE OF CITY - OWNED DETENTION FACILITIES WITH PDG BAYTOWN, LLC.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 13, 2020 Page 19 of 21 f. Consider an ordinance authorizing the renewal of the Annual Hot -Mix Asphalt Contract with Century Asphalt Ltd. A motion was made by Council Member Chris Presley, and seconded by Council Member David Himsel to approve Ordinance No. 14,470, related to Item 7.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 141470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL HOT -MIX ASPHALT CONTRACT WITH CENTURY ASPHALT LTD., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT THOUSAND AND NO:100 DOLLARS ($108,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider seven (7) appointments to the Charter Review Committee City Clerk Leticia Brysch presented the item and stated that this item allowed for each Council Member to appoint one person that resides within the city limits of Baytown to this committee. She stated that staff would continue to place this item on the agenda until such time as all seven members have been appointed. Council Member Hoskins stated that he nominated Mr. Pi-Yi Mayo as his District No. 5 representative to the Charter Review Committee. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Laura Alvarado to appoint Mr. Pi-Yi Mayo as the District No. 5 representative to the Charter Review Committee. 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 and Council Member David Himsel Nays: None City Council Regular Meeting Minutes August 13, 2020 Page 20 of 21 Approved b. Consider one (1) appointment to the Planning and Zoning Commission. City Clerk Leticia Brysch presented the item and stated that the City Manager was submitting Ms. Helen Berrot-Tims as his ETJ Nomination, to replace Mr. Kevin D. Foxworth who resigned in June 2019. A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member Chris Presley to appoint Ms. Helen Berrot-Tims as the City Manager's ETJ appointment. 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, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved 9. MANAGER'S REPORT City Manager presented judos and recognitions to the staff and noted that (1) it was Mr. Nick Woolery's birthday in addition to his work anniversary and (2) that this was Planning and Development Services Director Tiffany Foster's last council meeting as she is retiring after many years of amazing service. 10. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect and to seek the advice of the City's attorneys on legal matters related thereto. At 8:36 P.M., Mayor Capetillo recessed and convened into an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect and to seek the advice of the City's attorneys on legal matters related thereto. At 9:27 P.M., Mayor Capetillo reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. City Council Regular Meeting Minutes August 13, 2020 Page 21 of 21 11. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the August 13, 2020, City Council Regular Meeting at 9:27 P.M. Le icia Brysch, City Cle ~ City of Baytown ° NA CO