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2021 01 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 14, 2021 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 141 2021, at 6:33 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 Jacob Powell Mike Lester Brandon Capetillo Rick Davis Karen Homer Leticia Brysch Keith Dougherty Council Member Council Member Council Member Mayor Pro Tern Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor Capetillo convened the January 14, 2021, City Council Regular Meeting with a quorum present at 6:33 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Mayor Pro Tern Heather Betancourth. Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing measures there was limited amount of space when maintaining the required 6-feet separation from others. However, the meeting allowed for two-way communications for members of the public who were not allowed to be physically present at this meeting. 1. MINUTES A motion was made by Council Member Charles Johnson, and seconded by Council Member Laura Alvarado, to approve the meeting minutes of City Council related to Items l.a. through I.e., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None City Council Regular Meeting Minutes January 14, 2021 Page 2of10 Approved a. Consider approving the minutes of the City Council Retreat held on July 17, 2020. b. Consider approving the minutes of the City Council Special Meeting held on November 17, 2020. C. Consider approving the minutes of the City Council Retreat, Day 1, held on December 14, 2020. d. Consider approving the minutes of the City Council Retreat, Day 2, held on December 15, 2020. e. Consider approving the minutes of the City Council Special Meeting held on December 21, 2020. 2. PROPOSED REZONING OF APPROXIMATELY 0.78 ACRES OF LAND AT 5600 CONNALLY ROAD #3 a. Conduct a public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 0.78 acres located at 5600 Connally Road #B, legally described as being a portion of Tract 3, Block 3, Northside Highland Farms, Harris County, Texas, from a Low Density Single -Family Residential (SF1) zoning district to a General Commercial (GC) zoning district. At 6:36 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 0.78 acres located at 5600 Connally Road #B, from a Low Density Single -Family Residential (SFI) zoning district to a General Commercial (GC) zoning district. Director of Planning and Development Services Martin Scribner presented the item and stated that this was part of an annexation that was done back in 2017, a large annexation, that had a three-phase follow up to it, the first phase being a rezoning along West Cedar Bayou Lynchburg in conformance with the Future Land Use Plan. The second phase was a rezoning of a larger hundred acres in the Sheppard -Connally area from Open Space Recreation to a Single-family Residential (SFI). As you know when we do the annexation, we start out with that Open Space Recreation because it is very restrictive as far as development goes. The larger area, which is shown mostly in yellow on the zoning map presented, is part of the hundred -acre area that was rezoned to a Single-family Residential (SFI). The subject property is being rezoned to General Commercial and this is being requested by Austin Fire Systems, which owns the property that is next door, and they want to expand and build a new office building. The zoning map amendment has gone through a public hearing with the Planning and Zoning Commission and they recommend approval. There were no individuals signed up to speak on this item. City Council Regular Meeting Minutes January 14, 2021 Page 3 of 10 At 6:39 P.M., Mayor Capetillo closed the public hearing concerning a request to amend the City of Baytown's official zoning map to rezone approximately 0.78 acres located at 5600 Connally Road #B, from a Low Density Single -Family Residential (SFI) zoning district to a General Commercial (GC) zoning district. b. Consider an ordinance to amend the City of Baytown's official zoning map to rezone approximately 0.78 acres located at 5600 Connally Road #B, legally described as being a portion of Tract 3, Block 3, Northside Highland Farms, Harris County, Texas, from a Low Density Single -Family Residential (SF1) Zoning District to a General Commercial (GC) Zoning District. Mayor Capetillo stated that the council's rules of procedure provide that an item may not be reconsidered by council if the item has previously been considered and voted on in the previous six months unless the council waives this restriction. Therefore, because 5600 Connally Road was rezoned from OR to SF1 on November 17, 2020, as part of the rezoning of this involuntary annexation area, he will entertain a motion to reconsider the rezoning of 5600 Connally Road. A motion was made by Council Member Charles Johnson, and seconded by Council Member Chris Presley, for the reconsideration of the rezoning of the property located at 5600 Connally Road #B. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved A motion was made by Council Member Charles Johnson, and seconded by Council Member Chris Presley, to approve Ordinance No. 14,641, related to Item 2.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes January 14, 2021 Page 4 of" 10 ORDINANCE NO. 141641 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 0.78 ACRES LOCATED AT 5600 CONNALLY ROAD #B, LEGALLY DESCRIBED AS A PORTION OF TRACT 3, BLOCK 3, NORTHSIDE HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM A LOW DENSITY SINGLE-FAMILY RESIDENTIAL (SFI) 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. 3. PROPOSED LIMITED PURPOSE ANNEXATION OF APPROXIMATELY 223.2868 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed limited purpose annexation of approximately 223.2868 acres of land situated in the Chambers County! School Land Survey, Abstract 321, Chambers County, Texas. Director of Planning and Development Services Martin Scribner presented the item and stated that this is the second reading for this limited purpose annexation, also known as Chambers County Municipal Utility District No. 3, which has a development agreement between the City of Baytown and Americus Holdings, LTD. The strategic partnership agreement was approved back in March 2020. Mr. Scribner took a moment to explain what the limited purpose annexation does for the City since there were a couple of new council members present. Basically, we are extending the city's ordinances and regulations which pertain to land development, sometimes it could include health and safety or environment. The City does not collect property taxes from that and does not provide certain city services like Fire and Police. A motion was made by Council Member Charles Johnson, and seconded by Mayor Pro Tern Heather Betancourth, to approve Ordinance No. 14,604, related to Item 3.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes January 14, 2021 Page 5 of 10 ORDINANCE NO. 14,604 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, FOR LIMITED PURPOSES, AND THE LIMITED PURPOSE ANNEXATION OF APPROXIMATELY 223.2868 ACRES OF LAND SITUATED IN THE CHAMBERS COUNTY SCHOOL LAND SURVEY, ABSTRACT 321, CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance for the newly limited purpose annexed properties generally described as being approximately 223.2868 acres of land situated in the Chambers County School Land Survey, Abstract 321, Chambers County, Texas, to be placed into Council District No. 5. A motion was made by Council Member Jacob Powell, and seconded by Council Member Charles Johnson, to approve Ordinance No. 14,642, related to Item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 223.2868 ACRES OF LAND SITUATED IN THE CHAMBERS COUNTY SCHOOL LAND SURVEY, ABSTRACT 321, CHAMBERS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Consider a resolution approving the 2021 City of Baytown State Legislative Priorities. City Manager Rick Davis presented the item and stated that staff is certainly willing to entertain putting this item on a future agenda in order to provide council additional time to review and have a discussion with himself or staff. However, if they feel comfortable tonight, that option is City Council Regular Meeting Minutes January 14, 2021 Page 6 of 10 still available to them but recommended that it is important to get these to our legislative delegation as they begin their important work over the next six months. Mayor Capetillo asked Council if they had any reservations with the new and improved priorities list, or if they would to consider the item at this time. A motion was made by Council Member Mike Lester, and seconded by Council Member Charles Johnson, to suspend the agenda item to the January 28, 2021, City Council meeting. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved 5. CONSENT A motion was made by Council Member Charles Johnson, and seconded by Council Member Laura Alvarado, to approve Consent Agenda Items 5.a. through 5.j., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved a. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the funding of a portion of the Citizens Bank Renovation Project. ORDINANCE NO. 14,643 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 FUNDING OF A PORTION OF THE CITIZENS BANK RENOVATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes .January 14, 2021 Page 7 of 10 b. Consider an ordinance authorizing a Consulting Services Agreement with Carollo Engineers Inc., for the South Main Drainage Improvements Phase 2 Project. ORDINANCE NO. 14,644 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH CAROLLO ENGINEERS INC., FOR THE SOUTH MAIN DRAINAGE IMPROVEMENTS PHASE 2 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED NINETY-SEVEN AND NO/100 DOLLARS ($484,397.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Consulting Services Agreement with Stantec Consulting Services, Inc. for the Baker Road Lift Station Rehabilitation Project. ORDINANCE NO. 14,645 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC., FOR THE BAKER ROAD LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY-NINE THOUSAND FOUR HUNDRED EIGHTEEN AND 90/100 DOLLARS ($439,418.90); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d . Consider an ordinance approving Change Order No. 5 to the Fire Training Facility Phase 3 between the City of Baytown and Comex Corporation. ORDINANCE NO. 141646 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 5 WITH COMEX CORPORATION FOR THE FIRE TRAINING FACILITY PHASE 3 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FORTY-SIX THOUSAND SEVEN HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($46,789.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of one (1) Kenworth T370 14-cubic yard Dump Truck and one (1) Kenworth T370 Peterson Picker Truck from Cleveland Mack Sales d/b/a Performance Truck through the Texas Local Government Purchasing Cooperative (Buy Board) for the Public Works/Engineering Department. City Council Regular Meeting Minutes January 14, 2021 Page S of 10 ORDINANCE NO. 14,647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED TWELVE THOUSAND THREE HUNDRED EIGHTY-NINE AND 75/100 DOLLARS ($312,389.75) TO CLEVELAND MACK SALES, INC., D/B/A PERFORMANCE TRUCK, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE (1) KENWORTH T370 14-CUBIC YARD DUMP TRUCK AND ONE (1) KENWORTH T370 PETERSON PICKER TRUCK FOR THE PUBLIC WORKS/ENGINEERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the renewal of Priority Dispatch Corporation, Emergency Police Dispatch (EPD), Emergency Fire Dispatch (EFD), and Emergency Medical Dispatch (EMD) software, and the purchase of quality performance review services for all three applications. ORDINANCE NO. 14,648 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY THOUSAND ONE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($70,156.00) TO PRIORITY DISPATCH CORP., FOR THE SOLE -SOURCE PURCHASE OF Q-PLUS EMERGENCY POLICE DISPATCH, EMERGENCY FIRE DISPATCH, AND EMERGENCY MEDICAL DISPATCH SOFTWARE LICENSES, TRAINING, AND SUPPORT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of one (1) Flir Griffin G510 Gas Chromatograph Mass Spectrometer (GC/MS) Field -Ready Kit from FarrWest Environmental Supply Inc., through Houston -Galveston Area Council for the Baytown Fire Department. ORDINANCE NO. 14,649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY- NINE THOUSAND THREE HUNDRED EIGHTY-FOUR AND 90/100 DOLLARS ($149,384.90) TO FARRWEST ENVIRONMENTAL SUPPLY INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) FLIR GRIFFIN G510 GAS CHROMATOGRAPH MASS SPECTROMETER (GC/MS) FIELD -READY KIT FOR THE FIRE City Council Regular Meeting Minutes January 14, 2021 Page 9of10 DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the sole source purchase of a 57 HP Tractor with front and rear ditch bank flail mower from Iowa Farm Equipment for the Parks and Recreation Department. ORDINANCE NO. 14,650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY THOUSAND FIVE HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($60,537.00) TO IOWA FARM EQUIPMENT FOR THE SOLE -SOURCE PURCHASE OF A 57 HP TRACTOR WITH FRONT AND REAR DITCH BANK FLAILS FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing payment to Olson & Olson, LLP, for Legal Services in connection with APTLA v. City of Baytofvn; Cause No. 1156692, in the County Civil Court at Law No. 1, Harris County, Texas. ORDINANCE NO. 14,651 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT TO OLSON & OLSON, LLP, FOR LEGAL SERVICES IN CONNECTION WITH APTLA V. CITY OF BAYTOWN; CAUSE NO. 1156692, IN THE COUNTY CIVIL COURT AT LAW NO. 1, HARRIS COUNTY, TEXAS, IN AN ADDITIONAL AMOUNT NOT TO EXCEED FIFTY THOUSAND AND NO/100 DOLLARS (S50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution accepting a petition for the establishment of The Crossings at Baytown Public Improvement District and setting a public hearing regarding the advisability of the proposed improvements. RESOLUTION NO. 2,693 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A PETITION FOR THE ESTABLISHMENT OF THE CROSSINGS AT BAYTOWN PUBLIC IMPROVEMENT DISTRICT; SETTING A PUBLIC HEARING REGARDING THE ADVISABILITY OF THE PROPOSED IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 14, 2021 Page 10 of 10 6. APPOINTMENTS a. Receive the Mayor's appointments of the new council members to the Architectural and Engineering Subcommittee and the Finance Subcommittee. Mayor Capetillo presented the item and stated that with Council Member Robert Hoskins' departure, he named Council Member Heather Betancourth as the Chair of the Finance Committee. Council Member Chris Presley is still the Chair of the Architectural and Engineering Committee. At this time, he would like to appoint Council Member Mike Lester to serve on the Architectural and Engineering Committee and Council Member Jacob Powell to serve on the Finance Committee. 7. MANAGER'S REPORT City Manager Rick Davis presented kudos and recognitions to the staff. 8. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. At 6:50 P.M., Mayor Capetillo recessed into and convened an executive session pursuant to Texas Government Code, Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. At 7:23 P.M. Mayor Capetillo reconvened the meeting and announced that in accordance with Section 551.102 of the Texas Government Code, no action was taken in executive session. 9. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the January 14, 2021, City/C-ouncil Regular Meeting at 7:24 P.M. Leticia Brysch, City Cleru City of Baytown z