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2019 11 18 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 18, 2019 The City Council of the City of Baytown, Texas, met in a Special Meeting on Monday, November 18, 2019, at 6:41 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 Ignacio Ramirez Leticia Brysch David Alford Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor Capetillo convened the November 18, 2019, City Council Special Meeting with a quorum present at 6:41 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley. 1. ELECTION CANVASS a. Canvass the returns of the City of Baytown's November 05, 2019, Municipal Elections. City Clerk, Leticia Brysch presented the tabulation results to Council from the November 05, 2019, municipal election for Districts 1, 2, and 3, whereas District 1 had two (2) candidates and Districts 2 and 3 were uncontested. Mayor Capetillo presented the results as follows: Total votes cast - 1,103 Total Provisional ballots accepted - 1 Total Number of registered voters - 17,198 City Council Special Meeting Minutes November 18, 2019 Page 2 of 29 District 1 Laura Alvarado Early Voting - I I I Election Day - 103 Total Votes Cast - 214 Mercedes Renteria III Early Voting - 126 Election Day - 79 Total Votes Cast - 205 Total Early Voting - 237 Total Election Day - 182 Total Votes Cast - 419 District 2 Chris Presley Early Voting - 69 Election Day - 116 Total Votes Cast - 185 District 3 Charles Johnson Early Voting - 168 Election Day - 331 Total Votes Cast - 499 b. Consider a resolution declaring the results of the City of Baytown Municipal Election held on Tuesday, November 05, 2019. Mrs. Brysch presented the agenda item and stated that Resolution No. 2621 declares the results of the City of Baytown Municipal Election held on Tuesday, November 05, 2019, for the election of Council Members from District Nos. 1, 2 and 3. Additionally, she noted that the swearing in ceremony for the elected members of Council was scheduled for December 06, 2019. A motion was made by Mayor Pro Tem Robert C. Iloskins and seconded by Council Member Heather Betancourth approving Resolution No. 2621, regarding agenda item l.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem. Robert C. Hoskins, Council Member David 1limsel Nays: None Approved RESOLUTION NO.2621 City Council Special Meeting Minutes November 18, 2019 Page 3 of 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 5TH DAY OF NOVEMBER, 2019, FOR THE PURPOSES OF ELECTING COUNCIL MEMBERS FOR COUNCIL DISTRICTS ONE (1), TWO (2) AND THREE (3) OF THE CITY OF BAYTOWN; FINDING THAT NOTICE OF THE MUNICIPAL ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 2. MINUTES a. Consider approving the minutes of the City Council Special Meeting held on August O1, 2019. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Heather Betancourth approving the August 01, 2019, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Ilimsel Nays: None Approved b. Consider approving the minutes of the City Council Work Session and Regular Meeting held on August 22, 2019. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Charles Johnson approving the August 22, 2019, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None City Council Special Meeting Minutes November 18, 2019 Page 4 of 29 Approved C. Consider approving the minutes of the City Council Special Meeting held on September 24, 2019. A motion was made by Mayor Pro Tern Robert C. lioskins and seconded by Council Member Chris Presley approving September 24, 2019, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved d. Consider approving the minutes of the City Council Special Meeting held on October 17, 2019. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member David Himsel approving the October 17, 2019, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved 3. DONATION a. Consider a resolution accepting a donation from Exxon Mobil Corporation in support of parks in Council District No. 1. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado approving to suspend agenda item 3.a. to December 12, 2019. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council City Council Special Meeting Minutes November 18, 2019 Page 5 of 29 Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Ilimsel Nays: None Approved 4. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mayor Capetillo will present his Super Citizen's Recognition to Baytown Trashy People for their efforts in litter abatement throughout the City of Baytown. Mayor Capetillo presented his Super Citizen's recognition to Ms. King, a member of Baytown Trashy People, for the efforts in litter abatement throughout the City of Baytown. b. Receive a report from the Baytown Professional Firefighters Association IAFF Local 1173 on its 2019 Muscular Dystrophy Association (MDA) Fill -the -Boot Campaign. Mr. Dallas Webb presented the agenda item and stated that the Baytown firefighters rose over $34,000 for this year's campaign. Ms. Carrie Dalton noted that the actual amount was $34,451 and further expressed appreciation for the opportunity to partner with the Baytown community. C. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt recognized city employees for their years of service. 15 Years: Nancy Neal, EMS Administrative Assistant 30 Years: Richard Lopez, Fire Battalion Chief Ernesto "Ernie" Yznaga III, Police Patrol Officer 5. PROPOSED ANNEXATION OF 67.82 ACRES OF LAND a. Conduct the second public hearing regarding the proposed voluntary annexation of approximately 67.82 acres, located along the northern boundary of East Wallisville Road approximately 1,800 feet west of North Main Street, addressed as 6427 East Wallisville Road, and situated in the George Ellis League, Abstract 21, Harris County, Texas. At 7:02 P.M., Mayor Capetillo opened and conducted the second public hearing regarding the proposed voluntary annexation of approximately 67.82 acres, located along the northern boundary of East Wallisville Road approximately 1,800 feet west of North Main Street, addressed as 6427 East Wallisville Road, and situated in the George Ellis League, Abstract 21, Harris County, Texas. City Council Special Meeting Minutes November 18, 2019 Page 6 of 29 Director of Planning and Community Development, Tiffany Foster requested to summarize agenda items 5.a. and 5.b. together. She stated that both agenda items were regarding the voluntary annexation of approximately 67.82 acres located along the northern boundary of East Wallisville Road by Goose Creek Consolidated Independent School District, in which the intent was to develop a middle school directly adjacent to Goose Creek Memorial High School. She stated that agenda item 5.b. was the first reading of annexation process and further noted that there would be a second reading at a future meeting, which would conclude the annexation process and place the location in a council district. With there being no one registered to speak regarding agenda item 5.a., Mayor Capetillo closed the second public hearing at 7:06 P.M. b. Consider an ordinance for the first reading of the proposed voluntary annexation of approximately 67.82 acres, located along the northern boundary of East Wallisville Road approximately 1,800 feet west of North Main Street, addressed as 6427 East Wallisville Road, and situated in the George Ellis League, Abstract 21, Harris County, Texas. Mrs. Foster confirmed that the summary description in agenda item 5.b. was the same as described in agenda item 5.a. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth approving Ordinance No. 14,265, regarding agenda item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,265 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 67.82 ACRES, LOCATED ALONG THE NORTHERN BOUNDARY OF EAST WALLISVILLE ROAD APPROXIMATELY 1,800 FEET WEST OF NORTH MAIN STREET, ADDRESSED AS 6427 EAST WALLISVILLE ROAD, AND SITUATED IN THE GEORGE ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. City Council Special Meeting Minutes November 18, 2019 Page 7 of 29 6. REZONING OF APPROXIMATELY 3.67 ACRES OF LAND, 6700 INTERSTATE HIGHWAY 10 a. Conduct a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 3.67 acres, located at 6700 Interstate Highway 10, and legally described as Tract 1A-1 Abstract 683 W Ritchie Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. At 7:07 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 3.67 acres, located at 6700 Interstate Highway 10, and legally described as Tract IA-1 Abstract 683 W Ritchie Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. Mrs. Foster summarized the agenda item and stated that the applicant proposed to rezone the property to a Light Industrial (LI) Zoning District. She stated that in August 2019, Council approved a Future Land Use Plan (FLUP) amendment to Business Park Designation that allows for light industrial uses in this particular area. Additionally, she stated that the parcel has an existing building along with a developed parking area, in which they would like to market for lease. With there being no one registered to speak regarding agenda item 6.a., Mayor Capetillo closed the public hearing at 7:07 P.M. b. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 3.67 acres, located at 6700 Interstate Highway 10, and legally described as Tract 1A-1 Abstract 683 W Ritchie Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Heather Betancourth approving to suspend agenda item 6.b. to December 12, 2019. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Special Meeting Minutes November 18, 2019 Page 8 of 29 7. REZONING OF APPROXIMATELY 1.04 ACRES OF LAND, 2135 CONNALLY ROAD a. Conduct a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 1.04 acres, located at 2135 Connally Road, and legally described as Lot 6 Block 3, Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Low Density Single-family Residential Dwellings (SF1) Zoning District. At 7:09 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 1.04 acres, located at 2135 Connally Road, and legally described as Lot 6 Block 3, Northside Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Low Density Single- family Residential Dwellings (SF I) Zoning District. Mrs. Foster summarized the public hearing and stated that the applicant proposed to rezone the subject property to residential to develop a single family house on Connally. She stated that another request was also made in this area for single family. She stated that this area was annexed into the city limits in 2017 and should remain as single family. Additionally, Mrs. Foster stated that staff was going through the city initiated zoning to rezone the frontage of Cedar Bayou Lynchburg to General Commercial (GC) and in the future would rezone the neighborhood behind it. Mayor Capetillo inquired if staff considered looking at which properties fit the density for single family instead of addressing one track at a time. In response to Mayor Capetillo's inquiry, Mrs. Foster stated that there was a plan to do so, but it would be done in stages. She further stated that the first stage was to look at the FLUP for the entire area, which was done approximately two months prior. Council Member Hoskins inquired if staff could go through all annexations and designate them appropriately to avoid a property owner being inconvenienced just to complete a zoning request form for property that the City would eventually designate for the same requested zoning. Mrs. Foster stated that there was a timeline on when each section would be annexed, in which this particular area was done in five different sections and the zoning designations were being done through a systematic approach. Fred Lensing registered to speak regarding agenda item Ta. Mr. Lensing did not speak when called upon. At 7:14 P.M., Mayor Capetillo closed the public hearing at 7:14 P.M. City Council Special Meeting Minutes November 18, 2019 Page 9 of 29 b. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 1.04 acres, located at 2135 Connally Road, and legally described as Lot 6 Block 3 Northside Highland Farms Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a Low Density Single-family Residential Dwellings (SF1) Zoning District. Council Member Presley requested to use a proactive approach and notify the owners of property being annexed into the City of the City's zoning process. Mrs. Foster stated that this area was on the list to be notified and further noted that because there were various uses to include animals, accessory structures, mobile home parks, etc., staff would have to communicate with each property owner, in which text amendments would also have to be done. Additionally, Mrs. Foster noted that after the 2017 Legislation, involuntary annexation were note done the same. A motion was made by Council Member Chris Presley and seconded by Council Member Charles Johnson approving Ordinance No. 14,266, regarding agenda item 7.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Ilimsel Nays: None Approved ORDINANCE NO. 14,266 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 1.04 ACRES, LOCATED AT 2135 CONNALLY ROAD, AND LEGALLY DESCRIBED AS LOT 6 BLOCK 3, NORTHSIDE HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A LOW DENSITY SINGLE-FAMILY RESIDENTIAL DWELLINGS (SF1) 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 Special Meeting Minutes November 18, 2019 Page 10 of 29 8. PROPOSED AMENDMENTS TO THE BAYTOWN MAJOR THOROUGHFARE PLAN (FLUP) a. Conduct a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Major Thoroughfare Plan to remove a proposed collector road; a subject area located on the west side of John Martin Road, south of East Wallisville Road and north of Interstate Highway 10. At 7:18 P.M., Mayor Capetillo opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Major Thoroughfare Plan to remove a proposed collector road; a subject area located on the west side of John Martin Road, south of East Wallisville Road and north of Interstate Highway 10. Mrs. Foster presented a summary of the agenda item and stated that this type of amendment has only been done twice in the last couple of years. She stated that the Major Thoroughfare Plan ("MTFP") creates a mobility grid for development, in which, the grid is normally approximately a quarter to half a mile for collectors. She stated that this amendment request was for a collector from Wallisville Road to Interstate 10 providing north south relief between Wade Road and John Martin Road. She noted that the proposed road was not engineered and could be removed, which is the applicants request. She further noted that the applicant's goal included constructing a single-family residential subdivision on approximately 100 acres of land, but stated that the proposed collector road did not meet the needs of such development. Council Member Presley inquired if the City would have to do acquisitions on the rights -of -way prior to development in the subject area. In response to Council Member Presley's inquiry, Mrs. Foster stated that not necessarily so, because the developer could dedicate the right-of-way. Council Member Betancourth inquired as to why the developer chose to remove, as opposed to, redirecting the collector. Ronnie Anderson and Alan Mueller both registered to speak regarding agenda item 8.a. Mr. Ronnie Anderson spoke on behalf of Mr. Charles Cox, the owner of the property of the proposed development. lie stated that the proposed connector road cuts through the middle of the owner's homestead property from Battlebell south to the Interstate 10 feeder, which is not part of the original subdivision plans. fie stated that the request was reviewed by the Planning and Zoning Commission, in which was unanimously voted to remove the road and further requested for Council to also approve the removal of the road. Mr. Alan Mueller, a representative of Lomax Development, noted that he represented the property owner. He stated that the service area would be reduced due to the barriers of the canal and the creek. He further stated that there would also be a reduction in the density in the area due to the floodway and floodplain. Mr. Mueller noted that there was no overpass where the collector would connect to I- 10, which is in the floodway; therefore, all of the traffic would have to go west, which is discontinuous at Wade Road. Additionally, he stated that because of the constraints, the density development would be different from the typical one mile grid, which is the reason to have the road removed as opposed to being rerouted. City Council Special Meeting Minutes November 18, 2019 Page 11 of 29 Mayor Capetillo inquired if the developer would consider assisting with the traffic impact from the development. In response to Mayor Capetillo's inquiry, Mr. Mueller noted that the amendment was for Mr. Cox's entire property tract and further stated regarding the development, that they understood that they would be required to do a traffic impact analysis and mitigate the extra impact of such. Mr. Mueller stated that in terms of development, their options were limited due to the road being there, but if removed would help them move forward to the next phase. Additionally, he stated that they anticipated having a left turn lane at the entrance to the subdivision, but would need more information from the traffic impact analysis to provide additional options. Council Member Presley inquired if the developer would be raising the development out of the floodplain being that the homes would be built on the floodplain. Mr. Mueller stated that the majority of the property in the floodplain would be primarily detention. Mayor Capetillo requested for Matthew Johnson, Traffic Engineer, to come to the podium and inquired if staff could come up with options based on the impact of the proposed development, as it related to Wallisville and John Martin Roads. Mr. Johnson stated that an alignment study should be done in order to establish the true alignment of the collector, but noted that there were options. He stated that there were issues that were not in the City limits to include the analysis showing traffic from the Friendswood Development to the north of Wallisville, the existing traffic along John Martin, the commercial development at I-10 and John Martin, fact that Battlebell and Jones Roads did not cross the bayou, and Battlebell Road crossed commercial water. He further stated that a south connector to I-10 would be a good idea in this area, because largely without an overpass, those wanting to go north would be able to bypass John Martin and essentially there would be a signal free connection to the I-10 Feeder road for those wanting to go to Lee College or westbound. Council Member Presley inquired if mitigating improvements could be negotiated with the developer once the development comes before Council. In response to Council Member Presley's inquiry, Mrs. Foster stated that negotiations could be made with the developer with Council's approval. Additionally, Mrs. Foster stated that the alignment could be changed or shifted completely, but further noted that staffs concern was providing a north south connection for the entire area not just this particular development. Council Member Johnson inquired as to what would happen if the MTFP was removed and the developer decided to build and further inquired if any negotiations would be guaranteed, if there was a PID. In response to Council Member Johnson's inquiries, Mrs. Foster stated that if the MTFP was removed the developer would not be required to provide a north south connection in this area and further noted regarding the PID inquiry, that Council would be allowed to revisit negotiations during the development and during the PID stage, but nothing was guaranteed. Council Member Presley inquired if the developer would be considering a PID or MUD. Mr. Mueller stated that their intent was to work towards a PID and further noted that he understood taking responsibility for developments traffic, but not the existing issues created by others. City Council Special Meeting Minutes November 18, 2019 Page 12 of 29 At 7:46 P.M., Mayor Capetillo closed the public hearing regarding agenda item 8.a. b. Consider an ordinance amending the City of Baytown 2025 Comprehensive Plan's Major Thoroughfare Plan to remove a proposed collector road; a subject area located on the west side of John Martin Road, south of East Wallisville Road and north of Interstate Highway 10. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson for the sake of discussion. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved Council Member Presley recommended tabling the agenda item for further discussion. Mayor Capetillo inquired of the time it would take to complete a traffic impact analysis. Mrs. Foster noted that based on comments from the audience, during the meeting, the timeframe was pending with or without scoping the collector. Council Member Hoskins recommended amending the plan to include moving the collector to the west of the property, instead of removing it altogether, so that the project could move forward. Mrs. Foster noted that the amendment was to keep or remove the collector and that the developer could propose to move the collector to the west, which did not require action from council. During further discussion, a decision was made to suspend the agenda item indefinitely. Mrs. Foster inquired for clarity that if the agenda item was suspended indefinitely, would the applicant be required to reapply and go through the Planning and Zoning Commission again. It was determined that the applicant would not have to reapply. A motion was made by Mayor Pro Tem. Robert C. Hoskins and seconded by Council Member Chris Presley to suspend agenda item 8.b. to a meeting no later than December 31, 2020. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel City Council Special Meeting Minutes November 18, 2019 Page 13 of 29 Nays: None Approved 9. PROPOSED ORDINANCES a. Consider an ordinance opting out of the continued receipt of the share of bingo prize fee funds collected on charitable bingo activity that occur within the city limits of Baytown. Mr. Ignacio Ramirez presented the agenda item and stated, as a reminder to Council, that action was taken before the deadline to opt in, with the understanding that the reason being was basically because the way the law was written required that if the City wished that a charitable organization would be able to keep the fees. He stated that if Council still desired such, they should opt out. He stated that the County did not take action in time and had to essentially opt out. I le further stated that by Council taking this action, the charitable organization would keep all fees. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado approving Ordinance No. 14,267, regarding agenda item 9.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, OPTING OUT OF THE CONTINUED RECEIPT OF ITS SHARE OF BINGO PRIZE FEE FUNDS FOR BINGO GAMES CONDUCTED IN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Sections 86-101 and 86-166 of the Code of Ordinances, Baytown, Texas, regarding fees for sanitation services. Management Analyst, Gina Guillory presented the agenda item and stated that Ordinance No. 14,268 amends Section 86-101 and 86-166 of the Code of Ordinances, Baytown, Texas, to increase the fees for sanitation services, as included in the FY2019 budget. Additionally, she noted that the fee increase was a flat fee of a little less than $3.00. City Council Special Meeting Minutes November 18, 2019 Page 14 of 29 Council Member Alvarado noted that this increase was part of a process due to residents wanting to keep Waste Management as the service provider. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 14,268, regarding agenda item 9.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Feather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Iiimsel Nays: None Approved ORDINANCE NO. 14,268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE II "RESIDENTIAL SOLID WASTE," DIVISION 3 "FEES AND CHARGES AND BILLING PROCEDURE," SECTION 86-101 "CHARGE FOR COLLECTION" AND ARTICLE III "COMMERCIAL SOLID WASTE," DIVISION 2 "SMALL BUSINESS WASTE COLLECTION SERVICE," SECTION 86-166 "CONTRACT FOR GARBAGE COLLECTION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE FEES FOR RESIDENTIAL AND SMALL COMMERCIAL REFUSE COLLECTION AND CURB -SIDE RECYCLING SERVICES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR T1iE PUBLICATION AND THE EFFECTIVE DATE THEREOF. C. Consider an ordinance establishing the City of Baytown's 2019-20 Tourism Partnership Grant Program allocations. Public Affairs Director, Mark Miller presented the agenda item and stated that Ordinance No. 14,269 establishes the City of Baytown's 2019-20 Tourism Partnership Grant Program allocations. He stated that the FY2019-2020 sum included granting up to $100,000 in qualifying expenditures for advertising/arts, as well as, up to $25,000 for historical preservation and restoration projects promoted towards visitors outside of the community. Additionally, he stated that there were twelve eligible applicants to receive funds totaling $105,300, in which $85,300 was for advertising/arts and $20,000 for historical. Additionally, he noted that a committee was formed to include Parks and Recreation, Planning, Public Works, and Economic Development. Council Member Presley stated that some of the applicants received funds since he's been on City Council Special Meeting Minutes November 18, 2019 Page 15 of 29 Council and further inquired if there was an attempt to share the funds. In response to Council Member Presley's inquiry, Mr. Miller stated that in an effort to engage participants, staff issued press releases regarding the September 131h deadline and also sent out massive emails along with social media posts. Council Member Alvarado inquired if there were any workshops regarding the needs and aspects of the program. Mr. Miller stated that when someone request assistance for this program that included a one-on-one basis directive and he further noted that an informational packet was also available. Walter Stricklin and Martha Barnett both registered to speak regarding agenda item 9.c. A motion was made by Council Member Heather Betancourth and seconded by Council Member Chris Presley approving Ordinance No. 14,269, regarding agenda item 9.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Other: Council Member Laura Alvarado (Abstain), Council Member Charles Johnson (Abstain) Approved ORDINANCE NO. 14,269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S 2019-20 TOURISM PARTNERSIIP GRANT PROGRAM ALLOCATIONS; AUTHORIZING THE EXPENDITURE OF SUCH ALLOCATIONS IN THE AMOUNT OF ONE HUNDRED FIVE THOUSAND THREE HUNDRED AND NO. 100 DOLLARS ($105,300.00) SUBJECT TO THE RECIPIENT'S EXECUTION OF A TOURISM PARTNERSHIP GRANT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the abandonment and sale of the City's interest in parts of E. Shreck Avenue a/k/a E. Shreck Street, situated in the William Hilbus Survey, Abstract 336, Harris County, Texas, to ExxonMobil Corporation. Mrs. Brysch presented the agenda item and stated that ExxonMobil Corporation petitioned the abandonment of portions of E. Shreck Avenue a/k/a E. Shreck Street. She stated that the abandoned road will be closed to the public and redeveloped for light industrial purposes to support ExxonMobil Corporation's expansion project. She stated that the public works City Council Special Meeting Minutes November 18, 2019 Page 16 of 29 department worked with ExxonMobil to ensure all City utilities was capped as directed. She stated that a notice was sent to the only resident on the road, in which he signed a release as his property access and utilities would not be impacted by the abandonment of the portion of that road. Additionally, she stated that if approved and upon receipt of $130,294 from the Petitioner, the City would issue a deed without warranty to ExxonNiobil Corporation. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson approving Ordinance No. 14,270, regarding agenda item 9.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF THE CITY'S INTEREST IN PARTS OF E. SHRECK AVENUE A/K/A E. SHRECK STREET, SITUATED IN THE WILLIAM HILBUS SURVEY, ABSTRACT 336, HARRIS COUNTY, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. PROPOSED RESOLUTIONS Mayor Capetillo requested to table agenda item 10.a. until the end of the agenda following the executive session. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member David Himsel approving to table agenda item 10.a. to the end of the agenda. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Special Meeting Minutes November 18, 2019 Page 17 of 29 A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member David Himsel approving to table agenda item 10.a. to the end of the agenda. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved b. Consider a resolution adopting a new policy for the provision of utility services outside the city limits. Director of Public Works and Engineering, Frank Simoneaux presented the agenda item and stated that Resolution No. 2622 adopts a new policy for the provision of utility services outside the city limits, which repeals Resolution No. 1903 that was adopted on December 13, 2007. He stated that since 2007, there were some occasional unique circumstances that could be considered for utility services outside of the city limits. He stated that this item was discussed at the October 241h work session of City Council, in which no changes were made to the proposed policy as it was presented. Additionally, he noted that the proposed policy had different conditions depending on the type of entity requesting service. Council Member Himsel inquired for clarity if the applicant's request for services would be completely at their expense. Mr. Simoneaux stated that there were provisions in the policy whereas, the City would have to demonstrate that there was enough capacity within the system for the services to be provided, but the applicant would have to extend their line, pay the impact fees, as well as, pay the fees for the service. Additionally, Mr. Simoneaux noted that the City would maintain the line afterwards, which is the reason for the limits on the extension. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Charles Johnson approving Resolution No. 2622, regarding agenda item 10.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved RESOLUTION NO. 2622 City Council Special Meeting Minutes November 18, 2019 Page 18 of 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A POLICY FOR THE PROVISION OF UTILITY SERVICES OUTSIDE THE CITY LIMITS; REPEALING CONFLICTING RESOLUTIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution casting the City of Baytown's ballot for the election of a person to serve on the Board of Directors of the Harris County Appraisal District. Mrs. Brysch presented the agenda item and stated that Mr. Mike Sullivan was nominated to serve on the Board of Directors of the Harris County Appraisal District. A motion was made by Council Member Charles Johnson and seconded by Council Member David Himsel approving Resolution No. 2623, regarding agenda item 10.c., which cast the City of Baytown's ballot nomination of Mike Sullivan to serve on the Board of Directors of the Harris County Appraisal District. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved RESOLUTION NO. 2623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution casting the City of Baytown's ballot for the election of one or more persons to serve on the Board of Directors of the Chambers County Appraisal District. Mrs. Brysch presented the agenda item and noted that the City Council could cast its 35 votes for one of the nominees, or divide its votes among two or more nominees. Additionally, she noted that the City of Baytown nominated Everett "Tan" Williams as its representative. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Robert C. Hoskins approving Resolution No. 2624, regarding agenda item 10A., to casts 35 votes to Everett "Tan" Williams to serve on the Board of Directors of the Chambers County Appraisal District. The vote was as follows: City Council Special Meeting Minutes November 18, 2019 Page 19 of 29 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved RESOLUTION NO. 2624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE TI IEREOF. 11. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2019. Mrs. Guillory presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2019, and stated that the general fund sales tax receipts decreased 7.6%, with some effects from Hurricane Harvey. With regards to revenues, she stated that general funds along with the hotel/motel funds exceeded budget expectations of 101 % and 108% respectively. She stated that the aquatics fund was at 79%, in which the attendance decreased as school started earlier making the season shorter. She further stated that the water and sewer fund was at 99%, as expected and the sanitation fund was at 89%. With regards to the expenditures, Mrs. Guillory stated that the general fund was at 95%, as the Animal Shelter had some capital outlay that was not complete. With regards to aquatics, she stated that there was funding included for engineering that was not completed and in the hotel motel fund there were funds designated for the hotel conference center not yet expended, as the project was ongoing. She stated that the water and sewer fund was at 93%, in which there were savings due to the enhancement of technology and less labor conducted. She stated that the sanitation fund was at 100% as expected. Additionally, Mrs. Guillory stated that the investment yield portfolio continued to be diverse with the current yield being 2.23%, which is above the benchmark pools. 12. CONSENT City Council Special Meeting Minutes November 18, 2019 Page 20 of 29 A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Robert C. Hoskins approving consent agenda items 12.a. through 12.o. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved a. Consider an ordinance authorizing the purchase of fifteen (15) Chevrolet Police Vehicles and related emergency equipment and installation from Ed Morse, LLC., d/b/a Freedom Chevrolet, through the Tarrant County Cooperative Agreement. ORDINANCE NO. 14,271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVEN HUNDRED NINETY- ONE T1i0USAND TWO HUNDRED NINETY-TWO AND NO•,100 DOLLARS ($791,292.00) TO ED MORSE, LLC., D/B•'A FREEDOM CHEVROLET, FOR THE PURCHASE OF FIFTEEN (15) CHEVROLET POLICE VEHICLES AND RELATED EMERGENCY EQUIPMENT AND FOR THE INSTALLATION OF SUCH EMERGENCY EQUIPMENT IN THE VEHICLES, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the rental of eleven (11) vehicles from EAN Holdings, LLC., d/b/a Enterprise Rent-A-Car through an interlocal agreement between Harris County and the City of Baytown, based on an award between Harris County and Enterprise rent -a -car. ORDINANCE NO. 14,272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-SIX THOUSAND TWO HUNDRED FIFTY AND N0/100 DOLLARS ($96,250.00) TO EAN HOLDINGS, LLC., D/B/A ENTERPRISE RENT -A -CAR, FOR THE RENTAL OF ELEVEN (11) VEHICLES FOR THE POLICE DEPARTMENT THROUGH AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 18, 2019 Page 21 of 29 C. Consider an ordinance authorizing the sole source purchase of a FARO 3D laser mapping system from FARO Technologies Inc., for the Police Department. ORDINANCE NO. 14,273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF Tf1E SUM OF NINETY-FIVE THOUSAND SIX HUNDRED FORTY AND 87/100 DOLLARS ($95,640.87) TO FARO TECHNOLOGIES INC., FOR THE SOLE SOURCE PURCHASE OF A 3D LASER MAPPING SYSTEM FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance approving the payment of the Texas Commission of Environmental Quality (TCEQ) fee for the City's four (4) wastewater treatment plants. ORDINANCE NO. 14,274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE I IUNDRED SIXTYSIX THOUSAND FIVE HUNDRED EIGHTY-SEVEN AND 34/100 DOLLARS ($166,587.34) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED WATER QUALITY FEES FOR THE CITY'S FOUR (4) WASTEWATER TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of (i) one (1) Kenworth T370 14- cubic yard Dump Truck, (ii) one (1) 8-cubic yard Dump Truck, and (iii) one (1) Kenworth Utility Truck from Performance Truck for the Public Works Department. ORDINANCE NO. 14,275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PERFORMANCE TRUCK FOR THE PURCHASE OF (1) ONE (1) KENWORTH T370 14-CUBIC YARD DUMP TRUCK, (II) ONE (1) 8-CUBIC YARD DUMP TRUCK AND (III) ONE (1) KENWORTH UTILITY TRUCK AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THREE HUNDRED TWENTY- FOUR THOUSAND SIX HUNDRED FORTY-EIGHT AND 54/100 DOLLARS ($324,648.54); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE TIIEREOF. f. Consider an ordinance authorizing the grant of two (2) Rights < of Way and Easements to Wink to Webster Pipeline, LLC, over property located north of the City's City Council Special Meeting Minutes November 18, 2019 Page 22 of 29 Animal Control Facility, which facility is addressed as 705 N. Robert C. Lanier Drive, Baytown, TX 77521. ORDINANCE NO. 14,276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE TWO (2) RIGHTS OF WAY AND EASEMENTS FOR THE CONVEYANCE TO WINK TO WEBSTER PIPELINE, LLC, OF PROPERTY LOCATED NORTH OF THE CITY'S ANIMAL CONTROL FACILITY, WIIICf-1 FACILITY IS ADDRESSED AS 705 N. ROBERT C. LANIER DRIVE, BAYTOWN, TX 77521; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a professional services agreement with Ilalff Associates, Inc., for services associated with the update and development of City of Baytown 2030 Parks, Recreation, Trails and Baytown Nature Center Master Plans. ORDINANCE NO. 14,277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH HALFF ASSOCIATES, INC., FOR SERVICES ASSOCIATED WITH THE UPDATE AND DEVELOPMENT OF CITY OF BAYTOWN 2030 PARKS, RECREATION, TRAILS AND BAYTOWN NATURE CENTER MASTER PLANS; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00); AND PROVIDING FOR THE EFFECTIVE DATE TI IEREOF. h. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City of Baytown's property and casualty insurance. ORDINANCE NO. 14,278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED TWELVE THOUSAND NINE HUNDRED SEVENTY-TWO AND NO/100 DOLLARS ($1,112,972.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 18, 2019 Page 23 of 29 i. Consider an ordinance authorizing the renewal of the Cisco network equipment support (SmartNet) offered by Presidio Network Solutions Group, LLC, using Texas Department of Information Resources contract DIR-TSO-4167. ORDINANCE NO. 14,279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-EIGHT THOUSAND TWO HUNDRED THIRTY-THREE AND 09!100 DOLLARS ($68,233.09) TO PRESIDIO NETWORK SOLUTIONS GROUP, LLC, FOR THE PURCHASE OF CISCO SMARTNET HARDWARE, SOFTWARE, AND TECHNICAL SUPPORT SERVICES 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 purchase of thirty five (35) Motorola APX6000 portable radios from Motorola Solutions, through Houston -Galveston Area Council (" II-GAC") for the Police Department. ORDINANCE NO. 14,280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTEEN THOUSAND THREE HUNDRED NINETY-FIVE AND 30/100 DOLLARS ($116,395.30) TO MOTOROLA SOLUTIONS THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF THIRTY-FIVE (35) MOTOROLA APX6000 PORTABLE RADIOS AND RELATED EQUIPMENT FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance renewing the Annual Police Uniforms Contract with Galls, LLC, formally known as Red the Uniform Tailor. ORDINANCE NO. 14,281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL POLICE UNIFORM CONTRACT WITH GALLS, LLC, F/K/A RED THE UNIFORM TAILOR, THROUGH A COOPERATIVE AGREEMENT WITH THE CITY OF FRISCO, FOR THE PURCHASE OF POLICE UNIFORMS AND BODY ARMOR; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETY THOUSAND AND NO/100 DOLLARS ($90,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 18, 2019 Page 24 of 29 1. Consider an ordinance awarding the installation of a new power pole and guardrails to mount the Automatic License Plate Recognition system to Selex-ES Inc., a Leonardo Company, utilizing a Texas Department of Information Resources contract. ORDINANCE NO. 14,282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($96,250.00) TO SELEXES, INC., FOR THE INSTALLATION OF A NEW POWER POLE, CLOSED CAPTION TELEVISION CABINET, CLOSED CAPTION TELEVISION CAMERAS, AND A GUARDRAIL THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Consider an ordinance awarding the Annual Fire Uniforms Contract with Galls, LLC, formally known as Red the Uniform Tailor, through a cooperative agreement with the City of Frisco. ORDINANCE NO. 14,283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE ANNUAL FIRE UNIFORM CONTRACT TO GALLS, LLC, F/K/A RED TIIE UNIFORM TAILOR, THROUGH A COOPERATIVE AGREEMENT WITH THE CITY OF FRISCO, FOR THE PURCHASE OF FIRE UNIFORMS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED ONE HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($105,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing the annual license renewal and software support with Governmentjobs.com, Inc., d/b/a NEOGOV, for NEOGOV software. ORDINANCE NO. 14,284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY-FIVE THOUSAND ONE HUNDRED NINETY-ONE AND 80/100 DOLLARS ($65,191.80) TO GOVERNMENTJOBS.COM, INC., D/B/A NEOGOV, FOR THE ANNUAL LICENSE RENEWAL AND SOFTWARE SUPPORT FOR NEOGOV SOFTWARE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Special Meeting Minutes November 18, 2019 Page 25 of 29 o. Consider a resolution approving the amended application submitted by CenterPoint Energy Resources, Corp., d/b/a CenterPoint Energy Entex on or about October 11, 2019, for authority to issue a refund to customers. RESOLUTION NO. 2625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AMENDED APPLICATION SUBMITTED BY CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX, ON OR ABOUT OCTOBER 11, 2019, FOR AUTHORITY TO ISSUE A REFUND TO CUSTOMERS; DIRECTING CENTERPOINT TO ISSUE A REFUND; DIRECTING CENTERPOINT TO REIMBURSE THE CITY'S RATE CASE EXPENSES; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 13. APPOINTMENTS a. Consider two (2) appointments to the Parks and Recreation Advisory Board. Mayor Capetillo presented the agenda item and stated that there were two (2) vacancies for At Large positions on the Parks & Recreation Board, due to passing of Mr. Billy Barnett and the resignation of Mr. Gregory Griffin. He stated that his nominations to the Parks and Recreation Board were Dr. Yvonne S. Thomas for the vacancy due to the resignation of Mr. Griffin and Mr. Thomas Capetillo for the vacancy due to the passing of Mr. Barnett. Mayor Capetillo abstained from the vote of Mr. Thomas Capetillo to the Parks and Recreation Board, although he noted that the distance between them within their family relationship with Mr. Thomas Capetillo did not require him to do so. A motion was made by Council Member Heather Betancourth and seconded by Council Member Chris Presley approving the appointment of Ms. Yvonne Thomas to the Parks and Recreation Advisory Board. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Robert C. Hoskins approving the appointment of Mr. Thomas Capetillo to the Parks and Recreation Advisory Board. The vote was as follows: City Council Special Meeting Minutes November 18, 2019 Page 26 of 29 Ayes: Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins, Council Member David Himsel Nays: None Other: Mayor Brandon Capetillo (Abstain) Approved b. Receive the Mayor's appointments of one (1) representative and one (1) alternate to the 2019 Transportation Policy Council "TPC" and one (1) representative and one (1) alternate to the 2020 Technical Advisory Committee "TAC". Mayor Capetillo presented the agenda item and stated that Council Member Hoskins would remain as the primary and Council Member Betancourth would remain as the alternate to the TPC. Additionally, he appointed Mr. Frank Simoneaux, as the representative and Mr. Ajay Shakyaver as the alternate to the TAC. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving the appointments of Council Member Hoskins as the primary and Council Member Betancourth as the alternate to the TPC, as well as, Frank Simoneaux as the representative and Ajay Shakyaver as the alternate to the TAC. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David liimsel Nays: None Approved C. Consider the appointment of a council member to serve on the Ad Hoc Battleship Steering Committee. Mayor Capetillo requested to suspend this agenda item for 90 days before making an appointment for this committee, as there were other factors taken place and in process with such regard. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to suspend agenda item 13.c. for 90 days. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council City Council Special Meeting Minutes November 18, 2019 Page 27 of 29 Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved 14. MANAGER'S REPORT a. The Town Square Ice Rink will open for the Christmas season on Friday, November 29, 2019, at 6:00 P.M. b. The Annual Baytown Christmas Parade will begin at 6:30 P.M., Thursday, December 05, 2019, at the intersection of Market Street and Lee Drive in front of Bicentennial Park. C. The 53rd Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 06, 2019, at 6:00 P.NI. d. The Third Annual Christmas Movie Night at Town Square will be held on Friday, December 06, 2019, starting at 6:30 P.M. Director of Parks and Recreation, Scott Johnson presented agenda items 14.a. through 14.d. He stated that the ice rink was scheduled to open on Friday, November 29, 2019, at 6:00 P.M., and daily, with the exception of Christmas Day and New Year's Day. He stated that the annual Baytown Christmas Parade was scheduled on Thursday, December 05, 2019, along with the Annual Tree Lighting Ceremony that would take place at Town Square at 6:30 P.M. He stated that the Baytown Parks and Recreation Department's 53rd Annual Art Show was scheduled for Friday, December 06, 2019, at the Baytown Community Center, 2407 Market Street with the program to begin at 6:00 P.M. and awards to start at 7:00 P.M. Additionally, he stated that the 3`d Annual Christmas Movie Night at Town Square would also be held on Friday, December 06, 2019, starting at 6:30 P.M., with the 1964 classic Rudolph the Red Nosed Reindeer, followed by A Christmas Story. City Manager Davis stated that Donna Smith, Environmental Health Specialist received a note of appreciation for her support and guidance specifically to the 5th Annual Baytown A21 Walk for Freedom and that Zachary Start was recognized for his assistance with the First Baptist Rollingbrook Fellowship Project. He expressed appreciation to the committee members for making the employee appreciation event a success. 11e acknowledged the ITS staff for making improvements to the City's security system at Lee Drive and Nazro Road. He also recognized 911 Dispatcher, Jessica Brisham for going above and beyond while assisting a caller who was looking for a family member who had been in a serious automobile accident outside of Baytown and had been life flighted. Additionally, City Manager Davis recognized Officers Scott Sills, Tommy King, and Detective Haley Hammes for receiving their Advanced Peace Officer Certificate. City Council Special Meeting Minutes November 18, 2019 Page 28 of 29 Council Member Johnson introduced Mr. Rickie Winslow to express his appreciation for receiving funds from the HOT Grant. Mr. Winslow expressed appreciation for being able to participate in the program and noted that he always try to give back to communities and make them better by which his foundation has programs that deals with life skills management, mentoring, drug awareness, computer literacy, and sports. At 8:31 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to Section 551.071 of the Texas Government Code, to seek the advice of the City Attorney regarding the issuance of Certificates of Obligation related to the convention center facilities and related infrastructure. At 8:57 P.M., Mayor Capetillo reconvened the Open Meeting of the Special Meeting and announced that in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member David Himsel approving to bring back agenda item 10.a. from table. The vote was as follows Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved 10.a. Consider a resolution authorizing (i) the publication of the Notice of Intent to issue Certificates of Obligation for the convention center facilities and related infrastructure and (ii) advanced funding. A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member Laura Alvarado approving Resolution No. 2626, regarding agenda item 10.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins, Council Member David Himsel Nays: None Approved City Council Special Meeting Minutes November 18, 2019 Page 29 of 29 RESOLUTION NO. 2626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND OTHER MATTERS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 15. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the November 18, 2019, City Council Special Meeting at 8:55 P.M. Leticia Brysch, City City of Baytown 0 s V •�• O *M01Ad