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2020 09 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 10, 2020 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 10, 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 Council Member Chris Presley Council Member Charles Johnson Mayor Pro Tem Heather Betancourth Council Member Robert C. Hoskins Council Member Brandon Capetillo Mayor Rick Davis City Manager Karen Horner Interim City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Capetillo convened the September 10, 2020, City Council Regular Meeting with a quorum present at 6:31 P.M., all members were present with the exception of Council Member Himsel who was absent. The Pledge of Allegiance and Texas Pledge was led by local veteran James White and Invocation was led by Mayor Pro Tem Charles Johnson. Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing measures there was limited amount of space when maintaining the required 6-feet separation from others. However, the meeting allowed for two-way communications for members of the public who were not allowed to be physically present at this meeting. 1. MINUTES a. Consider approving the minutes of the City Council Special Meeting held on August 31, 2020. A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member Robert C. Hoskins to approve the minutes of the City Council Special Meeting held on August 31, 2020, as submitted. 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, and Council Member Robert C. Hoskins City Council Regular Meeting Minutes September 10, 2020 Page 2 of 19 Nays: None Other: Council Member David Himsel (Absent) Approved 2. PROCLAMATIONS AND RECOGNITIONS Mayor Capetillo stated that the agenda would be taken out of order beginning with Item 2.b. followed by Item 2.a. b. Consider a resolution accepting a donation from Chevron Phillips Chemical Company LP, for the COVID-19 Fire and Police Emergency Response. Mayor Capetillo invited Mr. Gary Piana, the Cedar Bayou Plant Manager for Chevron Phillips in Baytown, to provide a few comments via teleconferencing. Mr. Piana stated that Chevron Phillips Chemical Company wishes to support Baytown’s first responders, and recognize the tremendous effort they put forth every day during this COVID-19 pandemic and the risks they take. It is their hope that this forty-thousand-dollar donation will enable the City to acquire PPE and other supplies needed to continue to keep safe as they continue to support the citizens in our community; they appreciate all they do. Mayor Capetillo thanked Mr. Piana and Chevron Phillips Company for being good partners to Baytown and appreciate their generosity. A motion was made by Council Member Laura Alvarado, and seconded by Council Member Robert C. Hoskins to approve Resolution No. 2675, related to Item 2.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, and Council Member Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Abstain), Council Member David Himsel (Absent) Approved RESOLUTION NO. 2675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) FROM CHEVRON PHILLIPS CHEMICAL COMPANY LP, FOR THE COVID-19 FIRE AND POLICE EMERGENCY RESPONSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 10, 2020 Page 3 of 19 a. Present a proclamation designating August 26, 2020, as Women's Equality Day in the City of Baytown. Mayor Capetillo presented Council Member Betancourth and Council Member Alvarado with a proclamation designating August 26, 2020, as Women's Equality Day in the City of Baytown. Council Member Betancourth presented a speech commemorating Women's Equality Day, which would have been read at the City's August 26th event celebrating this momentous occasion, but had to be canceled due to Hurricane Laura. Mayor Capetillo returned to the regular order of the agenda with item 3.a. 3. REZONING OF 9.12 ACRES OF LAND, 2014 AND 2024 LEE DRIVE a. Conduct a public hearing concerning a request to amend the City of Baytown official zoning map to rezone approximately 9.12 acres, addressed as 2014 and 2024 Lee Drive, and legally described as Tracts 15, 15A, 18A, 38, and 38A Abstract 840 H Whiting and Tract 18 Abstract 840 H Whiting, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a General Commercial (GC) Zoning District. At 6:47 P.M., Mayor Capetillo opened the public hearing regarding the proposed rezoning of approximately 9.12 acres, addressed as 2014 and 2024 Lee Drive. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and stated that the applicant, the school district, is requesting to rezone the subject property along an existing minor arterial street (Lee Drive) from SF2 to GC to allow for commercial use(s). The property is vacant and undeveloped. This request expands the commercial designation and logical development opportunities in the SH 99 corridor. The Baytown 2025 Comprehensive Plan Future Land Use Plan (FLUP) bisects the subject properties and designates Low-medium density residential to the north and Commercial corridor to the south. However, the requested zoning district and proposed uses are generally consistent with the current FLUP. This proposal also promotes the following goals, actions and policies of the Comprehensive Plan: Growth Capacity Policies, Land Use Goals, Economic Opportunity and Policies. He noted that the staff and Planning and Zoning Commission all recommended approval. No one signed up to speak on this item. At 6:48 P.M., Mayor Capetillo closed the public hearing regarding the proposed rezoning of approximately 9.12 acres, addressed as 2014 and 2024 Lee Drive. b. Consider an ordinance amending the City of Baytown’s official zoning map to rezone approximately 9.12 acres, addressed as 2014 and 2024 Lee Drive, and legally described as Tracts 15, 15A, 18A, 38, and 38A Abstract 840 H Whiting and Tract 18 City Council Regular Meeting Minutes September 10, 2020 Page 4 of 19 Abstract 840 H Whiting, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Laura Alvarado, and seconded by Mayor Pro Tem Charles Johnson to approve Ordinance No. 14,480, related to Item 3.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, and Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,480 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 9.12 ACRES, ADDRESSED AS 2014 AND 2024 LEE DRIVE, AND LEGALLY DESCRIBED AS TRACTS 15, 15A, 18A, 38, AND 38A, ABSTRACT 840, H WHITING AND TRACT 18, ABSTRACT 840, H WHITING, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – MITIGATION GRANT a. Conduct a public hearing concerning the City of Baytown's application to the Texas General Land Office for a Texas Community Development Block Grant - Mitigation Grant. At 6:49 P.M. Mayor Capetillo opened the public hearing concerning the City of Baytown's application to the Texas General Land Office for a Texas Community Development Block Grant - Mitigation Grant. Mr. Patrick Wilshire, the City's third-party grant administrator for the CDBG grants with Public Management, made a presentation regarding this item, for which an agenda and slide presentation was prepared, and stated that the purpose for this public hearing is to engage the public, which they would call phase one of the Citizen Participation Plan for the City of Baytown City Council Regular Meeting Minutes September 10, 2020 Page 5 of 19 to pursue federal funds for this program. At this time, they can receive some comments on what potential needs there may be for the city, allow them to express that, and give them the opportunity to address those comments so they can develop an application and submit it to the Texas General Land Office (“GLO”). Mr. Wilshire stated that item two on the agenda is the development of local housing and community development long-term recovery plans. The objective of this program, and this is a significant fund, is to eliminate or lessen the burden of these disasters and so we want to protect infrastructure, protect housing, eliminate loss of property and loss of life. He went on to explain the application process for the CDBG-MIT program, the prerequisites that the City needs to meet in order to apply, how funds are distributed, and what to expect once the City submits an application. There will be a phase two, which will be once they a develop a substantially complete application, they are going to have to release it or post it for public comments and it would need to be out for at least fourteen days. Following that, they will address any comments, finalize the project and bring it back to Council for official authorization to submit by way of a resolution, which will occur on or before October 28th, at that time they will submit the application to GLO. They anticipate that by February, hopefully, they will know some level of scoring based on the application for the City; from there, if you are within funding range and if scores are well enough, they are going to start their request for information, which will go on for at least several weeks. Mr. Wilshire stated that their hope is that within twelve months of submitting the application, they will have a contract come back from the GLO to execute for the city. Council Member Johnson asked as to whether a MUD could apply for some of this money and Mr. Wilshire stated yes, on top of the city receiving funds, MUDs within city limits could receive funds as well. No one signed up to speak on this item. At 7:08 P.M. Mayor Capetillo closed the public hearing concerning the City of Baytown's application to the Texas General Land Office for a Texas Community Development Block Grant - Mitigation Grant. b. Consider a resolution authorizing the submission of three Community Development Block Grant Mitigation (CDBG-MIT) grant applications through the Texas General Land Office to support infrastructure improvements, flood control and drainage improvements, green infrastructure and flood mitigation for the 2017 Hurricane Harvey Mitigation Competition Round 2. Assistant to the City Manager Brian Mora noted that staff recommends approval of the development and submission of the three applications to the Texas General Land Office for the CDBG-MIT grant applications. A motion was made by Council Member Laura Alvarado, and seconded by Mayor Pro Tem Charles Johnson to approve Resolution No. 2676, related to Item 4.b. The vote was as follows: City Council Regular Meeting Minutes September 10, 2020 Page 6 of 19 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, and Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved RESOLUTION NO. 2676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT THREE COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION GRANT APPLICATIONS TO THE TEXAS GENERAL LAND OFFICE FOR THE 2017 HURRICANE HARVEY STATE MITIGATION COMPETITION ROUND 1 FOR INFRASTRUCTURE IMPROVEMENTS IN THE DANUBINA AREA, WEST BAYTOWN AREA AND THE EAST DISTRICT WASTEWATER TREATMENT PLANT REHABILITATION PHASE 2; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing professional services agreements associated with the competitive Community Development Block Grant Mitigation (CDBG-MIT) Grant with (i) Ardurra Group, Inc., for the East District Wastewater Treatment Plant Rehabilitation Phase 2 Project; (ii) Kimley-Horn and Associates, Inc., for the West Baytown Area Drainage Improvements Project; and (iii) Dannenbaum Engineering Corporation for the Danubina St. Area Drainage Improvements Project. Director of Public Works and Engineering Frank Simoneaux presented the item and stated that this item is to authorize three professional service agreements to assist the City in preparing applications for our Community Development Block Grants, related to mitigation. As Mr. Patrick Wilshire explained earlier, this is not related to repairing damage but to renovate city infrastructure so that damage would be mitigated in future events. The engineers under each contract will prepare cost estimates and work with the Grant Administrator to finalize the CDBG applications. The City is limited to three individual applications under this grant, of which staff has chosen: a second phase of the East District Wastewater Treatment Plant, strong drainage improvements in the Danubina Area, and strong drainage improvements in the West Baytown Area; these having the highest chance of approval and highest impact to the residents of Baytown. These contracts are each under $50,000 and are not required to be authorized by Council by doing so will help improve the validity of the application so staff recommends approval. City Council Regular Meeting Minutes September 10, 2020 Page 7 of 19 A motion was made by Council Member Laura Alvarado, and seconded by Council Member Chris Presley to approve Ordinance No. 14,481, 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, and Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH ARDURRA GROUP, INC., FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT PHASE 2 PROJECT; AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR THE OLD STATE STREETS PRELIMINARY DRAINAGE PROJECT; AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH DANNENBAUM ENGINEERING CORPORATION FOR THE DANUBINA DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-TWO THOUSAND SIX HUNDRED FORTY-SEVEN AND NO/100 DOLLARS ($142,647.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. UNOPPOSED CANDIDATE, COUNCIL MEMBER DISTRICT NO. 4 Mayor Capetillo stated that items 5.a. and 5.b. would be considered together. a. Receive the Certificate of Unopposed Status for the Office of Council Member, District No. Four. City Clerk Leticia Brysch presented the item and stated that this item certifies in writing that Mrs. Betancourth for the Office of Council Member, District No. Four is unopposed and noted that the next item will approve an ordinance declaring her unopposed and elected to the position. b. Consider an ordinance declaring the unopposed candidate Heather Betancourth elected to the Office of Council Member District No. Four of the City of Baytown. City Council Regular Meeting Minutes September 10, 2020 Page 8 of 19 City Clerk Leticia Brysch presented the item and stated that the proposed ordinance declared the unopposed candidate Heather Betancourth elected to the Office of Council Member District No. Four of the City of Baytown. She noted that the City Council called a municipal election for November 3, 2020, to elect a person to the Office of Council Member District No. Four of the City of Baytown. The filing deadline for a place on ballot for such election was Monday, August 17, 2020, and the filing deadline for a declaration of write-in candidacy was Friday, August 21, 2020. Mrs. Heather Betancourth was the only candidate to file for office prior to the deadlines. Mrs. Brysch noted that in the previous item she certified as to her unopposed status of Mrs. Heather Betancourth and this ordinance will declare the unopposed candidate elected to office. A certificate of election will be issued after the November 3rd election is canvassed. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,482, 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, and Council Member Robert C. Hoskins Nays: None Other: Council Member Heather Betancourth (Abstain), Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE HEATHER BETANCOURTH ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. FOUR (4) OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 3RD DAY OF NOVEMBER, 2020, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. FOUR (4) OF THE CITY OF BAYTOWN; ORDERING THE CITY CLERK TO INCLUDE ON THE BALLOT FOR THE CITY' S MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 2020, A HEADING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. FOUR (4) AND HEATHER BETANCOURTH'S NAME SHALL APPEAR; AND ROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 10, 2020 Page 9 of 19 6. PROPOSED ORDINANCES a. Consider an ordinance authorizing the issuance of the City of Baytown, Texas General Obligation Refunding Bonds, Series 2020, and setting certain parameters for the Bonds. Finance Director Victor Brownlees presented the item and stated that staff identified an opportunity for the City to refinance approximately $19,395,000 of the City’s outstanding obligations from the following series: • General Obligation and Refunding Bonds, Series 2012 • Combination Tax and Revenue Certificates of Obligation, Series 2013 • General Obligation Bonds, Series 2013 • Combination Tax and Revenue Certificates of Obligation, Series 2014 • General Obligation and Refunding Bonds, Series 2014 • Combination Tax and Revenue Certificates of Obligation, Series 2015 • General Obligation and Refunding Bonds, Series 2015 • General Obligation Refunding Bonds, Series 2016 • Combination Tax and Revenue Certificates of Obligation, Series 2016 • Combination Tax and Revenue Certificates of Obligation, Series 2017 • Combination Tax and Revenue Certificates of Obligation, Series 2018 • Combination Tax and Revenue Certificates of Obligation, Series 2019 • General Obligation Refunding Bonds, Series 2019 • Combination Tax and Revenue Certificates of Obligation, Series 2019A • General Obligation Refunding Bonds, Series 2019A The refunding is expected to produce a net present value savings of approximately $1,559,755 or 8.042%. The bonds will be sold at a competitive sale in accordance with the parameters established in the ordinance. This transaction is tentatively scheduled to close on November 18, 2020. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,483, 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, and Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved City Council Regular Meeting Minutes September 10, 2020 Page 10 of 19 ORDINANCE NO. 14,483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020; LEVYING A TAX IN PAYMENT THEREOF; AUTHORIZING THE ISSUANCE OF THE BONDS IN ACCORDANCE WITH SPECIFIED PARAMETERS; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the issuance of the City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 2020, and setting certain parameters for the Certificates of Obligation. Finance Director Victor Brownlees presented the item and stated that this is for the Certificates of Obligation that they have already taken into account within the budget that Council has already approved. This item will fund forty-two million dollars of significant investment and public infrastructure, thirty-five million of that will be funded from tax and seven million from revenues in the water to ensure utility funds, which were all budgeted. A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,484, related to Item 6.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, and Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2020; LEVYING A TAX IN PAYMENT THEREOF; SETTING CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES; APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND PROVIDING FOR T1IE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 10, 2020 Page 11 of 19 c. Consider an ordinance amending Chapter 94 "Traffic and Vehicles" of the Code of Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article VII "Motorized Carts" to establish regulations for the use of motorized carts within the city limits. A motion was made by Council Member Robert C. Hoskins, and seconded by Mayor Pro Tem Charles Johnson to approve Ordinance No. 14,485, related to Item 6.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, and Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE VII "MOTORIZED CARTS" TO ESTABLISH REGULATIONS FOR THE USE OF MOTORIZED CARTS WITHIN THE CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the First Amendment to the Temporary Use Development Agreement with ExxonMobil Corporation for use of a property located at 5903 Bayway Drive in order to modify the restoration activities required upon expiration of the agreement. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and stated that back in November 2019, ExxonMobil had applied for a temporary use agreement at the subject property address to be able to use the area as a temporary unloading facility for some of the vessels that were involved in their expansion project. At this time, they would like to amend the existing agreement and be able to maintain some of the area of crushed concrete that was added to the property, that was originally going to be removed and be brought back to natural state; also a seventy-five feet area included in the Watershed Protection Zone will be brought back to its original state right along the shoreline, of which crushed concrete would be removed and then topsoil, seeding and/or sag will be added to that location; a driveway would be City Council Regular Meeting Minutes September 10, 2020 Page 12 of 19 added out to the property line; and finally the property owners would come in and request for a new entry approach for the public. Staff requested that because this property is zoned General Commercial, they requested and the owner agreed to add streetscape per the new streetscape standard along minor arterials, and a fence would be added for security within their parking area. Mr. Dietrich confirmed that the remainder of the agreement would still be intact and they would have to follow all of the other rules and regulations as stated when Council originally approved it back in November 2019, and the goal is for all amendments to take place before the expiration of this agreement in November of this year. A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,486, related to Item 6.d. 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, and Council Member Robert C. Hoskins Nays: None Other: Council Member David Himsel (Absent) Approved ORDINANCE NO. 14,486 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 FIRST AMENDMENT TO THE TEMPORARY USE DEVELOPMENT AGREEMENT WITH EXXONMOBIL CORPORATION FOR USE OF A PROPERTY LOCATED AT 5903 BAYWAY DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. REPORTS a. Receive the 2020 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. Finance Director Victor Brownlees presented the item and noted the 2020 Harris County Appraisal Roll were certified as follows: Total Appraised Value: $ 5,076,423,879 Total Taxable Value: $ 3,901,766,788 Total Uncertified (Taxable Value): $ 658,869,587 City Council Regular Meeting Minutes September 10, 2020 Page 13 of 19 He further noted that the 2020 Chambers County Appraisal Roll certified as follows: Total Certified Taxable Value: $ 237,105,522 Mayor Capetillo noted that the rolls were received. b. Receive the no-new revenue tax rate and voter-approval tax rate. Finance Director Victor Brownlees presented the item and noted that having received the certified roll now, they have been able to calculate the no-new revenue rate for next year and also the voter-approval rate for next year. He stated that the no-new revenue rate for the City of Baytown will be 84.881 cents, almost the full five cents above your current tax rate, you are well under. Mr. Brownlees went on to state that the voter-approval rate has been calculated at 82.077 cents, almost two cents over your current tax rate and again, you are well-under. We will not have to go to the voters on this budget which you have already agreed predicated upon the existing tax rate. However, given that we have had these figures now available to us, given that we have already established we are below both of the limits that have been set as a result of SB2. We would like a little bit of time between now and your next meeting to look at what further we could do to give you a tax rate that you will be happy to approve at your next meeting. Mayor Capetillo stated that said rate report had been received and look forward to a future item for a modified tax rate. 8. CONSENT A motion was made by Council Member Chris Presley, and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 8.a. through 8.s., inclusive of the changes on Item 8.s. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, and Council Member David Himsel Nays: None Other: Council Member Robert C. Hoskins (Absent) Approved a. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for lighting improvements on the Cary Bayou Trail between JC Hollaway Park and Jenkins Park. ORDINANCE NO. 14,487 City Council Regular Meeting Minutes September 10, 2020 Page 14 of 19 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR LIGHTING IMPROVEMENTS IN THE WOODED SECTION OF THE CARY BAYOU TRAIL BETWEEN JC HOLLAWAY PARK AND JENKINS PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the "Perfect Trail" Pilot Bundle at Jenkins Park. ORDINANCE NO. 14,488 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE "PERFECT TRAIL" PILOT BUNDLE AT JENKINS PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for District-wide landscape improvements. ORDINANCE NO. 14,489 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR DISTRICT -WIDE LANDSCAPE IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the purchase and installation of a roof over the Lincoln Cedars Park and Unidad Park Basketball Courts. ORDINANCE NO. 14,490 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE PURCHASE AND INSTALLATION OF A ROOF OVER THE LINCOLN CEDARS PARK AND UNIDAD PARK BASKETBALL COURTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 10, 2020 Page 15 of 19 e. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the operation of the Ice Rink at Town Square. ORDINANCE NO. 14,491 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE OPERATION OF THE ICE RINK AT TOWN SQUARE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to the Baytown Sports League Facilities. ORDINANCE NO. 14,492 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 THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR IMPROVEMENTS TO THE BAYTOWN SPORTS LEAGUE FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 9, LLC. ORDINANCE NO. 14,493 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERIPORT BUILDING 9, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 10, LLC. ORDINANCE NO. 14,494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERIPORT BUILDING 10, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 10, 2020 Page 16 of 19 i. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 12, LLC. ORDINANCE NO. 14,495 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AMERIPORT BUILDING 12, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Industrial District Agreement with Chemicals Incorporated. ORDINANCE NO. 14,496 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CHEMICALS INCORPORATED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing an Industrial District Agreement with Security Truck Service, L.L.C. ORDINANCE NO. 14,497 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH SECURITY TRUCK SERVICE, L.L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. l. Consider an ordinance authorizing an Industrial District Agreement with Praxair, Inc. ORDINANCE NO. 14,498 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH PRAXAIR, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 10, 2020 Page 17 of 19 m. Consider an ordinance authorizing an Industrial District Agreement with Lone Star NGL Asset Holdings II, LLC, for Frac No. 7. ORDINANCE NO. 14,499 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH LONE STAR NGL ASSET HOLDINGS II, LLC, FOR FRAC NO. 7; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing an Industrial District Agreement with Lone Star NGL Asset Holdings II, LLC, for Frac No. 8. ORDINANCE NO. 14,500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH LONE STAR NGL ASSET HOLDINGS II, LLC, FOR FRAC NO. 8; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing a First Amendment to the Professional Service Agreement with ARKK Engineers, LLC, for additional services related to Savell Drive. ORDINANCE NO. 14,501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH ARKK ENGINEERS, LLC, FOR THE 2020 THE STREET RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-NINE THOUSAND FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($149,450.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing an Interlocal Grant Agreement and Coronavirus Fund for Small Cities with Harris County for Coronavirus Relief Funding. ORDINANCE NO. 14,502 City Council Regular Meeting Minutes September 10, 2020 Page 18 of 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL GRANT AGREEMENT AND CORONAVIRUS FUND FOR SMALL CITIES WITH HARRIS COUNTY FOR CORONAVIRUS RELIEF FUNDING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing an Information Sharing Access Agreement with the U.S. Department of Homeland Security/Federal Emergency Management Agency, Federal Insurance and Mitigation Administration. ORDINANCE NO. 14,503 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 INFORMATION SHARING ACCESS AGREEMENT WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY/FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE AND MITIGATION ADMINISTRATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing the award of the Annual Pesticide and Herbicide Chemical Contract for Parks and Recreation locations to Simplot AB Retail, Inc. ORDINANCE NO. 14,504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-SEVEN THOUSAND TWO HUNDRED NINETY-THREE AND NO/100 DOLLARS ($87,293.00) TO SIMPLOT AB RETAIL, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE ANNUAL PESTICIDE AND HERBICIDE CHEMICAL CONTRACT FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. s. Consider an ordinance authorizing the Information Release Contract with the Texas Workforce Commission. ORDINANCE NO. 14,505