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.
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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.
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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.
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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