2021 01 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
January 28, 2021
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January
28, 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
Jacob Powell
Mike Lester
Brandon Capetillo
Rick Davis
Karen Horner
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Mayor Pro Tern
Council Member
Council Member
Mayor
City Manager
Assistant City Attorney
City Clerk
Sergeant at Arms
Mayor Capetillo convened the January 28, 2021, City Council Regular Meeting with a quorum
present at 6:33 P.M., all members were present with the exception of Mayor Pro Tern Heather
Betancourth.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Jacob Powell.
Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing
measures there was limited amount of space when maintaining the required 6-feet separation
from others. However, the meeting allowed for two-way communications for members of the
public who were not allowed to be physically present at this meeting.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on December 10, 2020.
A motion was made by Council Member Charles Johnson, and seconded by Council Member
Laura Alvarado, to approve the minutes of the City Council Work Session and Regular Meeting
held on December 10, 2020, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell and Council Member Mike Lester
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January 28, 2021
Page 2 of 21
Nays: None
Other: Mayor Pro Tern Heather Betancourth (Absent)
Approved
b. Consider approving the minutes of the City Council Emergency Meeting held on
January 4, 2021.
A motion was made by Council Member Charles Johnson, and seconded by Council Member
Laura Alvarado, to approve the minutes of the City Council Emergency Meeting held on January
4, 2021, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell and Council Member Mike Lester
Nays: None
Other: Mayor Pro Tern Heather Betancourth (Absent)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognition of Police Chief Keith Dougherty.
City Manager Rick Davis presented the item and stated that it was really one of the greatest
honors he has had to be able to recognize our Police Chief of many years and especially a close
personal friend of his, Keith Dougherty. This will be one of several ways that we honor Keith's
service to our community, some of them will be painful and others will be fun. However, to start
this off, he invited Mr. Bill Nelson of the Police Association to come up and make a
presentation. Mr. Davis stated that he will making one following that, and asked council to join
him as lie makes that next presentation.
Mr. Bill Nelson, President of the Baytown Municipal Police Association, stated he appreciated
the time given to him to recognize the Chief and wanted to offer a small token of appreciation
and handed Chief Dougherty a crystal award. He stated that Chief Dougherty always had an
open-door policy to the association, but more importantly, he always had an open mind about
their concerns. Even though they did not always agree, he always allowed them to voice those
concerns. Through their many conversations over the years, Mr. Nelson learned that the one
thing that Chief Dougherty truly cared about was his employees on a personal level. During his
tenure, Chief Dougherty had to make hard decisions, and while they did not always agree with
them, Mr. Nelson believes he made those decisions with the department, and the employees' best
interest at heart. To say Chief Dougherty will be missed is an understatement and would like to
basically tell a short story that would illustrate the kind of person Chief Dougherty is. Mr. Nelson
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January 28, 2021
Page 3 ol'21
stated that early in his career as a young officer, he was involved in an arrest where he broke his
hand, ended up in a cast, and placed on light duty. One of the effects of being placed on light
duty is you cannot take any police action and you cannot drive a police vehicle to and from work
anymore, which was kind of an inconvenience for him at the time. Therefore, he did what most
industrious people do, he sat down and started researching every policy and memo he could find
going back to 1985 to figure out how he was going to beat this. He spent several days and could
not find anything written, so he finally went to the Chief and told him he could not find it and
that is when Chief Dougherty told Mr. Nelson he would not find it because it is an unwritten
rule. The Chief did explain the reasonings behind it, which made absolute sense, but it just did
not help him at the time. The Chief then looked up at Mr. Nelson and said he guessed he was
doing all this research because he needed an actual vehicle, which was true. Chief Dougherty
loads him in his car and drives Mr. Nelson to his house. Once they get there he hands him the
keys to his Infinity and tells Mr. Nelson to use it as long as he wanted but just bring it back with
a little bit of gas, so that is the person Chief Dougherty is. Mr. Nelson proceeded to congratulate
Chief Dougherty on his retirement and thanked him for everything he has done through his
tenure as police chief.
Mayor Capetillo stated that, as mayor, he could not ask for a finer gentleman to go and wear a
badge and lead our department than Chief Dougherty as he does it with the highest professional
manner anyone could expect of their chief. He believes he is the only one here that was part of
council when Keith Dougherty became chief, and he was the right choice and the best fit for
Baytown and did a remarkable job throughout those years. They have a plaque for Chief
Dougherty but it does not reflect the true gratitude that the citizens of Baytown and certainly,
Council and administration have for him, so they wish him the best in retirement. Mayor
Capetillo stated that he was hoping this day would not come but he is glad that it came for Chief
Dougherty and wished him and his wife, and family the very, very best. Mayor Capetillo handed
Chief Dougherty a plaque for his service. He stated Rick had something for him as well.
City Manager Rick Davis stated he was going to have an opportunity probably a little bit later to
say everything he wanted to say but he does not think anything sums it up more than, thank you.
He thanked Chief Dougherty for being his friend, for being kind, for all your firefighter jokes,
for his example of leadership, and for everything he has done for our community. Mr. Davis
stated that he is so grateful that the he is going to continue to live in his neighborhood so if he
loses him as a chief, at least he keeps him as a neighbor, and as a friend. Lastly, Mr. Davis
handed Chief Dougherty a small token of appreciation, which was a gift card.
Chief Dougherty proceeded to thank Council for their support, the Mayor, City staff, and his co-
workers. Everything in his career and life has been about community and not only just the
Baytown Community as a whole but he considers our employees as a community. He considers
the people at the police department as his community and he likes to give back to the
community. It has been a tough decision to decide when the right time was to retire, since he was
planning to do it 30 years total, however, opportunities are presenting themselves and he believes
things happen for a reason. He would also like to thank Lloyd Lively for using his technical
skills, since he actually commandeered a satellite for temporary use so they can broadcast across
the country and he appreciates that. He said hi to his mom in Wisconsin, and appreciated her
tuning in. In all sincerity, Chief Dougherty stated that he has always enjoyed giving back to our
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January 28, 2021
Page 4 of 21
community in one way or another whether it was for starting Boy Scout Troops or starting the
Blue Santa Program or any other way he and his family could find ways to put back into our
community and plans on being able to do that again as he retires, not that he will have more time,
but he enjoys doing that. As Mr. Nelson so kindly said, he does care about the employees, which
are his community. He cares about our community and is planning on staying here in our
community, so he thanked them so much for everything they have done for him and appreciates
it greatly.
Mayor Capetillo then asked the Council Members to express their recognition to Chief
Dougherty.
Council Member Johnson stated he wanted to start off by saying thank you. He and his family
were able to fonn a relationship with Chief Dougherty and that meant a lot to him. His boys
absolutely enjoyed the time that they spent with him, including the words of wisdom that he has
shared. He wanted to say thank you for his time, as that is one thing that you cannot get back
once it is gone and he has given a lot of time, literally, a lifetime of service. He wanted to say
thank you for Chief Dougherty's patience, compassion, for his concern, and to wrap it all up,
thank you for his service.
Council Member Alvarado stated that she truly wanted to thank you Chief Dougherty for the
man that he is and the chief that he was. Wearing a badge is a calling, and Chief Dougherty has
definitely worn it well, and has held the standards of that badge very well. She sees him
throughout the community not just as his job, but in the nonprofits that he served as well, and so
she really appreciated working along with him on both ends. She does not have a community that
has not said, "I saw Chief driving around," and so for that, she really appreciates that, and thank
you.
Council Member Presley stated that Chief Dougherty has really been the consummate
professional and we all appreciate that. There is a difference in being the consummate
professional and sometimes taking life or things too seriously all the time and we know you do
not take them overly seriously at times. He remembered his first year on the council when they
came out of an executive session, and there was not one person in the audience as it was a late
executive session. Council came out about 10:30, 1 1:00 at night, and the chief stood up and he
said, "All rise." Council Member Presley was not sure if he was serious or joking, but finally by
the next council meeting, he realized he was joking around. They are going to miss that about
him and in luck, Council Member Presley wished Chief Dougherty all the best in his retirement.
Lastly, Council Member Lester stated he was going to miss Chief Dougherty. He has worked
with three chiefs and a couple of fire chiefs and several city managers, but he is really going to
miss him. He is going to miss mostly Chief s sense of humor. As council stressed, it is a tough
job and the Chief s sense of humor gets people through the tough times quite often. For that,
again, he thanked him and is truly going to iniss Chief Dougherty, but knows he is going to have
some fun too.
Chief Dougherty thanked the Mayor and Council for all their kind words and recognition.
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b. Recognize City of Baytown Employees for their Years of Service.
Human Resources Director Carol Flynt presented the item and provided a video presentation for
all the individuals that received years of service awards for the month of January.
The years of service awards were the following:
5 YEARS:
WALTER RUANO, POLICE PATROL OFFICER
DEREK MEDORE, POLICE PATROL OFFICER
BENJAMIN HALL, POLICE/JAIL DETENTION OFFICER
BRIAN SMITH, FIREFIGHTER
JUAN HERNANDEZ, PUBLIC WORKS & ENGINEERING CREW LEADER
10 YEARS:
JOSHUA MATLOCK, FIRE EQUIPMENT OPERATOR
25 YEARS:
VICTOR MEDINA, FIRE LIEUTENANT
JOHNNY MALONE, PUBLIC WORKS & ENGINEERING MAINTENANCE MECHANICAL
SPECIALIST
NORMAN ANDERSON, POLICE PATROL OFFICER
3. 2019-2020 ANNUAL ACTION PLAN FOR CARES ACT- CDBG-CV FUNDS
a. Conduct a public hearing concerning proposed amendments to the 2019-2020
Annual Action Plan and its reference to Round 3 of the CARES Act - CDBG-CV funds.
Director of Planning and Development Services Martin Scribner presented the item and stated
that the city receives money from the Community Development Block Grant Funds on an annual
basis and there is a requirement to approve an annual action plan. He stated this past year with
the normal monies that were received with the CARES Act that was approved by Congress, they
ended up with additional funds in order to provide relief for our citizens. Early in the year, the
city received a little over S400,000 and so they did an amendment to the action plan at that time.
However, later as the pandemic continued in the fall, they received almost S530,000, which was
not part of the action plan at the time. He stated that what they are asking for tonight is to
approve an amendment to the action plan to incorporate those funds to continue providing the
services that they have lined out. If they have any questions, he and Chris Chavis, the
Community Development Manager, are able to help answer those questions.
At 6:57 P.M., Mayor Capetillo opened the public concerning proposed amendments to the 2019-
2020 Annual Action Plan and its reference to Round 3 of the CARES Act - CDBG-CV funds.
No one signed up to speak on this item.
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January 28, 2021
Page 6 of 21
At 6:57 P.M., Mayor Capetillo closed the public concerning proposed amendments to the 2019-
2020 Annual Action Plan and its reference to Round 3 of the CARES Act - CDBG-CV funds.
b. Consider a resolution amending the 2019-2020 Annual Action Plan and its reference
to Round 3 of the CARES Act - CDBG-CV funds.
A motion was made by Council Member Charles Johnson, and seconded by Council Member
Mike Lester, to approve Resolution No. 2,694, 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, Council
Member Jacob Powell and Council Member Mike Lester
Nays: None
Other: Mayor Pro Tern Heather Betancourth (Absent)
Approved
RESOLUTION NO. 21694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE 2019-2020 ANNUAL ACTION PLAN ADOPTED
VIA RESOLUTION NO. 2655, ON JUNE 11, 2020; AUTHORIZING THE
SUBMISSION OF SUCH PLAN TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Mayor Capetillo opened the floor for questions and Council Member Charles Johnson asked
what the funds can be used for, and how are they being spent here in the city, and Mr. Scribner
answered that currently, the most successful programs have been the food assistance and Rental
Mortgage Assistance programs. Again, they have to follow the CDBG guidelines in dispersing
those funds. In regards to the food programs, right now they are spending over three thousand
dollars a month to serve the citizens, which does not sound like a lot, but they had kind of a slow
start to it because getting the word out that those funds are even available was a bit of an uphill
climb. They do expect that they are going to see an increase as time goes on. Staff feels that the
Baytown citizens are going to be utilizing the rental and the mortgage assistance program more
this year. In fact, they are already seeing more of that in the first quarter.
Council Member Johnson then asked how they are or have we infonned the citizens that these
funds are available and Mr. Scribner had Mr. Chavis explain their outreach efforts.
Community Development Manager Chris Chavis stated that staff has had a significant outreach
program. They have used the city's social media, have done mail outs, used the school district's
texting system, which gets the message directly to the parents. The City has it on the website,
although they have not published it in the newspaper yet since that costs money. However, staff
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January 28, 2021
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feels like they would be better with the city's social media outreach than any other effort and
they are continuing to do that. The social service programs or agencies that they are using are
Love Network and the Baytown Resource Center, and United Way has an advertising campaign,
so there is a number of different ways that this message is getting out, and they all point back to
our website which has the various list of programs that we provide.
Council Member Laura Alvarado asked how much of these funds have been used so far from the
first round and Mr. Scribner answered that so far as of November, the quarterly report says they
have spent about $40,000, so there is still a lot there left to be spent but again, they are seeing an
increase in the rate of getting those dollars out so they expect that to ramp up here very soon.
Council Member Alvarado then asked in regards to the child care services, if they are partnering
with local child care agencies to let them know about that as well and Mr. Chavis answered yes.
He has sent communications to the child care providers directly to let them know that they can
get their clients involved in that program and their program is specifically for those essential
workers so that they can have childcare while they continue to go to work.
Council Member Powell asked if there is an end date by which all this money has to be spent and
Mr. Chavis stated that the first round of funds is set for a termination date of September 30th.
However, there is a one-year extension that they did allow inside our sub -recipient agreements so
that allows it to extend if they can give them an explanation. In regards to HUD, there is no
direct deadline that is closed. He believes they have five years or so to spend the funds totally,
but staff did put our sub -recipients on a time frame just so that they can address the urgency of
the matter, one, and then two, so that staff can just keep a timeline and reallocate those funds
depending on where they are at the end of the program.
Council Member Johnson then asked if they could get some of the assistance program
information sent to council in an email so they can get it out to the citizens also and Mr. Scribner
answered yes, absolutely, he would provide the information to Brian Moran and have him
provide it to council. Mayor Capetillo commented he believed he had seen it on social media and
Council Member Alvarado suggested maybe including the information on the Baytown Engage
section of the city's website as well.
4. PROPOSED ORDINANCES
a. Consider an ordinance authorizing a Development Agreement with Forestar Group
Inc., for property to be located in Harris County Municipal Utility District No. 555.
Assistant Director of Planning and Development Services Nathan Dietrich presented the item
and stated that as council recalls, back in November of last year, Forestar Group Inc., came
before thetas and presented their proposed residential development up in an area that is referenced
as MUD 555, which is adjacent to FM 1942 and is just east of Garth Road. At the time, they had
a large contingent plan of 40-foot lots, which council did not agree with, therefore, staff has been
working with Forestar Development, along with our legal representation, Ms. Horner, and their
legal representation. They have been working on the development agreement in order to meet all
of the requirements that were set forth and the comments that council provided back in
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January 28, 2021
Page 8 of 21
November. Mr. Dietrich presented a figure or a site plan of the revised development. Secondly,
they talked about the connectivity between all of the residential neighbors as that was something
that was big at that particular time, wanting some sort of connectivity throughout the
development. As shown on the development plan, along FM 1942, there is going to be an 8-foot
rail system that is going to be placed there, and then there is going to be a 5-foot sidewalk placed
on either side of that collector. Also, in order to meet all of the city's residential standards, they
are going to be having five-foot sidewalks throughout the residential development itself. Mr.
Dietrich then presented a slide of the Baytown Tract Entry Concept, which includes examples of
the monumental signage that will be installed. He also showed a slide on the linear path
implementation, upgraded fence locations with upgraded masonry columns as council had
requested in order to have a more elegant look all the way along that collector. He also showed
examples of the homes that they were going to be building there. Mr. Dietrich indicated that staff
went through Forestar's development agreement and made sure that they met all of the city's
current residential standards along with the masonry requirements, and so all of the articulation
and architectural requirements will also be reviewed as part of their submission to the city. Mr.
Dietrich indicated that at this point, Forestar Group, Inc., has met and worked well with the city
and the developer representatives are here if council has any questions for them.
Council Member Alvarado asked Ms. Justine Klinke, the developer representative, why they do
not include carports on their development and she answered that they have not received requests
for carports, at least from their communities in the Greater Houston area as most of the homes,
depending on the lot products, provide obviously a two -car garage and space for two cars within
the driveway themselves. Council Member Johnson requested clarification on whether there
would be any 40-foot lots and Ms. Klinke answered that they removed all the 40-foot lots and the
development will consist purely of 50-foot and 60-foot lots.
Mayor Capetillo stated that the developer is meeting all the requirements and expectations that
council has requested even though the development is not located within the city limits, so they
do appreciate them being open to consider these changes. Council Member Presley commented
that he appreciates the adjustments and personally, it looks like a nice product, and is happy to
have it. Ms. Klinke thanked council and stated they are excited about the proposed development.
A motion was made by Council Member Charles Johnson, and seconded by Council Member
Chris Presley, to approve Ordinance No. 14,652, related to Item 4.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell and Council Member Mike Lester
Nays: None
Other: Mayor Pro Tem Heather Betancourth (Absent)
Approved
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January 28, 2021
Page 9 of 21
ORDINANCE NO. 141652
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 A DEVELOPMENT
AGREEMENT WITH FORESTAR GROUP INC.; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing an interlocal agreement with Harris County for
the diamond grinding of a portion of John Martin Road.
Assistant City Manager Nick Woolery presented the item and stated that as council may
remember a month ago, they approved the contract for the North Main diamond grinding. They
also approved at that time a bid alternate for John Martin from I-10 to Hunt Road. If council
recalls back in 2016, the county widened that portion of John Martin jointly with the city from a
funding standpoint. Anybody who has driven out there has seen that it is a rough stretch of new
road and it needs some sort of alteration so diamond grinding is the easiest, cleanest way to
smooth out that section and it is already in the contract. Mr. Woolery stated that this is the
county's participation in that fifty percent of that portion of the grinding and staff recommends
approval.
A motion was made by Council Member Charles Johnson, and seconded by Council Member
Laura Alvarado, to approve Ordinance No. 14,653, related to Item 4.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell and Council Member Mike Lester
Nays: None
Other: Mayor Pro Tern Heather Betancourth (Absent)
Approved
ORDINANCE NO. 141653
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS
COUNTY FOR THE DIAMOND GRINDING OF A PORTION OF JOHN
MARTIN ROAD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT NOT TO EXCEED FORTY-SEVEN THOUSAND TWO
HUNDRED FIFTY AND NO/100 DOLLARS (S47,250.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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January 28, 2021
Page 10 of 21
5. 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 he had no additional information
than what has already been discussed and shared with council prior to the meeting.
A motion was made by Council Member Mike Lester, and seconded by Council Member Jacob
Powell, to approve Resolution No. 2,695, related to Item 5.a. The vote was as follows:
Ayes: Mayor Brandon Capctillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell and Council Member Mike Lester
Nays: None
Other: Mayor Pro Tern Heather Betancourth (Absent)
Approved
RESOLUTION NO. 2,695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S LEGISLATIVE
PRIORITIES FOR THE 87TH TEXAS STATE LEGISLATIVE SESSION AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution authorizing the City Manager to submit three Partnership
Project Applications to Harris County Precinct 2 for Fiscal Year 2021.
Assistant City Manger Nick Woolery presented the item and stated that last year the city
submitted four projects actually to the same partnership grant program. The City received
funding for one of the projects, which is the Market Street Revitalization, a huge win for the city
to get that partnership. In fact, it was the largest project that the precinct funded through that
grant process last year.
This year, staff is proposing to submit three projects and he provided a brief overview of all
three. The first one is a portion of the drainage work that needs to done in the West Baytown
area, which is a very significant project. The second one as Council actually discussed at the
retreat last month, is the pedestrian connection between Jenkins Park and Blue Heron Parkway.
The third is actually a re -submittal from last year with some additional work and that is the West
Texas Avenue Street and Drainage Project. Last year, the city only submitted it as a drainage
project, but this year it will be an enhanced application to include basically those two streets
along Texas from Whiting to Jones, which will connect to kind of the new portion of the street
on Texas Avenue. They will have the same streetscape as the rest of the road so they will add a
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January 28, 2021
Page 11 of 21
lot of pedestrian improvements, obviously, since the street in that area needs a lot of work, it
really needs to be replaced anyway. The drainage will all be improved in that area as well as
some improvements along Pruett, Whiting, and Defee, and this would actually connect from the
end of the Market Street Revitalization Project and on the other side of the oak tree.
In summary, those are the three projects that staff is proposing to submit to the precinct. Mr.
Woolery stated it is probably unlikely they will get all three projects approved, but they are
submitting strong and good applications. One thing he can tell council is that they have a good
team that puts together these applications, which includes a team in Public Works and
Engineering and Brian Moran, Assistant to the City Manager, so he believes that is partly why
they got the large project last year.
A motion was made by Council Member Chris Presley, and seconded by Council Member Laura
Alvarado, to approve Resolution No. 2,696, related to 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 Jacob Powell and Council Member Mike Lester
Nays: None
Other: Mayor Pro Tem Heather Betancourth (Absent)
Approved
RESOLUTION NO. 2,696
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATIONS
TO HARRIS COUNTY PRECINCT 2 FOR THREE FISCAL YEAR 2021
PARTNERSHIP PROJECT GRANTS ON BEHALF OF THE PUBLIC WORKS
AND ENGINEERING DEPARTMENT FOR INFRASTRUCTURE
IMPROVEMENTS IN THE WEST TEXAS AVENUE, WEST BAYTOWN
AND JENKINS PARK AREAS; 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.
6. DISCUSSIONS
a. Discuss the proposed Bayway Drive Corridor Plan.
Director of Planning and Development Services Martin Scribner presented the item and stated
that he wanted to thank Council Member Johnson for sitting down with staff yesterday and kind
of going over the meat of the plan and they are very pleased with the way that it has shaped up
because they have been working on this plan for about ten months now and have a finished
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January 28, 2021
Page 12 of 21
product. The City's consultant, Kendig Keast Collaborative representatives Mr. Gary Mitchell
and Ms. Meredith Dang, are here tonight to present the results of that plan to council. Mr.
Scribner asked Council Member Johnson if he had anything to say and then staff can hand it over
to the consultant.
Council Member Johnson stated that he is very happy with the outcome as this is something that
has been discussed with residents along the Bayway Drive for a while. He wanted to thank the
businesses that took tithe out of their day to come out and participate. The residents that actually
took time out of their evenings to come out to Baytown Junior to join us on Zoom, and last but
not least, he thanked the city's staff as they did an excellent job. He has been impressed with
Planning and Zoning and is even more impressed with them now as they have literally raised the
standard in his mind of how they operate and is truly thankful on behalf of the residents and the
businesses. The other thing Council Member Johnson wanted to say is that he alluded to some of
this at council's retreat. Hopefully, this does not take 20 years and he would really like to see if
the city can put pennies to the dollar set aside in the budget for this every year. If we can start
small and keep the momentum going, the businesses will be happy, the residents will be happy,
and those who visit our city whether they are coming for recreation, or they come in for major
corporation business, it will be appreciated by all.
Council Member Alvarado wanted to echo all of what Council Member Johnson has said. She
stated that projects like this are not as successful if we do not have the residents' input because
this is for them and this is for residents and the businesses along the corridor, and she really
appreciates everyone who worked on this plan. When she looked at the project and all of the
input that was given, she is happy to see how it is going to be a continuation as well as very
cohesive with the Market Street Revitalization and so, she really appreciates that aspect. They
share just a small portion of the Bayway Corridor and so she really expressed what they wanted
for that vision and she is really happy with the product so far, so, thank you.
Before he turned it over to the consultant, Mr. Scribner wanted to also give the Planning
Manager, Francesca Linder, a shout out because she was the one who managed the project from
beginning to end and she did a great job, and with that, he handed it over to Gary and Meredith.
Ms. Meredith Dang, the Practice Leader in Community Planning of Kendig Keast Collaborative,
stated she was also joined here tonight by Mr. Gary Mitchell, President. They had two sub -
consultant team partners as well, CDS Community Development Strategies and Gunda
Corporation, who assisted on the economic development and transportation components of this
project.
Ms. Dang stated that the purpose of the Bayway Drive Corridor plan is to help improve the
function, image, and economic development potential of the corridor by examining both the
current conditions of the corridor and identifying strategies and three main focus areas, which
were 1) Economic Development, 2) beautification and amenities, and 3) transportation options.
The plan will be used as a guide by community leaders, including you all to help draw new
investment, users, and visitors to the Bayway Drive Corridor area, increase pedestrian and
bicycle mobility options and safety along the corridor, and repurpose some of the underutilized
public rights -of -way along the corridor. The study area is approximately three miles of Bayway
City Council Regular Meeting Minutes
January 28, 2021
Page 13 of 21
Drive from Decker Spur 330 on the North to Bayvilla Drive on the south and in total
encompasses approximately 480 acres in the study area shown in yellow on the map presented.
They started this project back in March 2020, but had to put several things on hold during the
crazy early months of Covid; however, they were able to kind of regroup and relaunch the
project in the late summer time frame and just sort of hit the ground running and have been at it
ever since. There were four phases to this project. The existing corridor phase examines the
existing conditions along the corridor while the future corridor began to identify strategies in
those three focus areas. During the implementation phase, they worked to prioritize the many
recommendations in the plan and help to identify what some of the important near -term
strategies, partners, and funding sources may be. In the plan finalization stage, this is a web -
based plan, so hopefully, staff and council all got a chance to look at the interactive website that
is hosting the plan. They spent that time to get that site up and running and are here with you
today.
Ms. Dang indicated that this was one of the first projects to go live on the Baytown Engage
website and were thankful to have that tool to be able to conduct different surveys and post
information about the project. In just a few months, they had over 2,000 people visit the project
website and they conducted two surveys that really targeted the residents and businesses that live
in neighborhoods near Bayway Drive and those garnered almost 400 responses. They are
thankful to the committee members, who as Council Member Johnson said, spent their evenings
with them via Zoom and in person and they were able to hold an open house event at Baytown
Junior School in November and wanted to thank both the Baytown Nature Center and El Toro
for the fabulous door prizes that were made available at that open house event.
In regards to the specifics of what is in the plan and the Existing Corridor report, Ms. Dang
stated they looked at how the study area has changed over time, and were able to get a lot of
great information in the listening sessions from residents about what the corridor used to have in
tenors of retail and destinations and compared to how it functions today. In the transportation
observations, they have everything from the current traffic volumes and truck volumes, driveway
densities, crush locations, as well as the current right of way configurations. They also have a
demographic and economic analysis of the current market conditions within the corridor study
area.
In the Future Corridor portion of the project, they identified the vision, guiding principles, and
goals for Bayway Drive, and again, in those three topic areas of transportation, beautification and
amenities, and economic development, they identify specific strategic action priorities. The
transportation section also contains proposed corridor right of way cross sections for the length
of the corridor that do include a ten -foot shared use path along the western side of the right of
way and a 5-foot sidewalk along the eastern portion of the corridor. The right of way
improvements section also has some preliminary cost estimates.
In the economic development section, is a market assessment that analyzes the development
potential within the study area as well as some specific zoning recommendations for
consideration in the future, as well as identification of three potential catalyst sites. The catalyst
sites are areas that are currently vacant parcels that if they were to redevelop or develop over
City Council Regular Meeting Minutes
January 28, 2021
Page 14 of 21
time could potentially catalyze further development within the study area. Ms. Dang presented a
layout of the catalyst site number two, which is along the intersection of Baker Drive and
Bayway. There are currently some vacant lots behind a parking lot and the idea behind this
conceptual rendering and development is to create a new open-air multi -purpose space that could
potentially draw in new activity and new visitors to the corridor thereby creating some more
activity and hopefully, more visitors to the area on a site that's currently unutilized. There are a
lot of different recommendations in the plan. They have listed the recommendations that rose to
the top through the public engagement including the survey, the open house, and their corridor
committee.
The transportation section includes providing pedestrian and bicycle connectivity and access,
focusing on transportation safety at the two schools within the study area. They sure did hear a
lot about trains and getting stuck on Baker Drive, and this would really build on those
partnerships and talks that are already underway between Union Pacific, ExxonMobil, and the
city.
For beautification and amenities, Ms. Dang stated they developed a streetscape enhancement
program, which will build on the recently installed wayfinding signage that went up along the
corridor and throughout the city. The Baytown Nature Center is really the greatest asset along the
corridor and so identifying and implementing some improvements and marketing for the Nature
Center and these recommendations will go hand in hand with those coming out of the Parks and
Recreation Master Plan, which they coordinated these recommendations with those planning
efforts. The final 200 beautification amenities have to do with the image and the aesthetics of the
corridor so includes helping to improve the maintenance of existing properties and conducting
outreach and education efforts related to code compliance and resources available to help
residents and property owners take the needed steps to help maintain their properties.
Under economic development, they propose increasing recreational and social programming.
This goes back to again bringing in more new users along the corridor, new activity to help
create that economic impact, and helping to have new establishments that are desired by
residents along Bayway Drive through different incentive programs and marketing of vacant
lands in coordination with the economic development foundation. They did provide an appendix
with some specific zoning recommendations for the corridor study area, and finally, to look at
business assistance resources for those existing businesses along Bayway Drive and help connect
them to existing programs that are available through the Small Business Development Center
and regional programs as well as city programs as well. Ms. Dang stated she would be happy to
take any questions at this time.
Mayor Capetillo opened the floor for questions and/or comments. Council Member Johnson
asked what would be the total cost to obtain everything, and Ms. Meredith Dang answered that
the preliminary cost estimate for all of the cross-section improvements was 3.3 million dollars
that did include both the sidewalk and the shared -use path as well as pavement markings,
landscaping, streetlights, basically, everything shown in the cross-section right of way.
Council Member Presley had a couple of comments; one, he thinks it is a great start, everything
starts with the plans and it is nice to see we finally have a plan. The public investment clearly is
City Council Regular Meeting Minutes
January 28, 2021
Page 15 of 21
needed around Bayway. Unfortunately, code enforcement is always a big part of things and he
thinks that is very much needed. As far as the economic development component goes, and this
is not so much for the consultant but probably more for staff, most of District 2 and a lot of
District 1 is contiguous with part of the Neighborhood Empowerment Zone and the RES, and
understands that some of those census tracks along Bayway are actually called qualified census
tracks, and qualify for the opportunities on program that was part of the 2017 Tax -cuts Act. Mr.
Presley asked if the city can look at possibly considering discussing inclusion of part, or all of
Bayway Corridor, into the Neighborhood Empowerment Zone and the RES to where there would
be some small incentives such as wave permit fees, waived impact fees, and Mr. Woolery
answered that the frontage of Bayway Drive is already in it. Council Member Presley stated that
was good to know that it is in there and there are some incentives that are automatic, however,
they need to get the word out so people know to apply.
Mayor Capetillo touched base on the lane set up because it looks like right now, you have two
lanes in both directions, no turn lane at all, unless it is right near the intersection or something of
that regard. He likes the idea of the shared path and the sidewalk, but gets a little concerned
having Bayway going to two lanes because at certain times of the day, even two lanes is not
adequate. The City has a fire station also on Bayway so lots of time that has some issues too. He
stated they may want to consider what can we do within the right-of-way, but would love to see
Bayway and the Bayway Corridor, the Baytown Nature Center, and then some type of pathway
to connect to West Baytown, and then obviously, that will connect to the other trail system. The
other concern is that Bayway Drive is a truck route, depending on what is taking place on the
Exxon property, and also the traffic from the school district at certain times of day can be an
issue. We need to make sure that we can provide adequate capacity for that traffic. We talked
about mobility just in our work session and Mayor Capetillo stated he does not want to sacrifice
some stuff and then kind of take a step back when it comes to transportation and the ability for
people to get through the Bayway Corridor.
Mr. Gary Mitchell, President of Kendig Keast Collaborative, commented that the only thing he
wanted to add to the discussion is that from Day 1 of the project, the first committee meeting,
this was the trade-off discussion froth our industry, business representatives, and the residents.
The good thing is there is a lot of right of way to work with, but it is on to the step of a more
detailed design and costing, of course.
Mayor Capetillo stated that if we can figure out how to put sidewalks over open ditches
someday, Mr. Davis is working on that too, that would be great because then we can really
utilize some of our infrastructures in place and still provide an additional amenity. He does love
the idea if we can connect Baytown Nature Center through a trail system to the rest of the trail
system somehow and even residents that live along Bayway and the neighborhoods, and believes
that is certainly a lot of improvement when it comes to the quality of life along this corridor. He
stated everything was great and appreciates all the help and Council Member Johnson for being
involved. He understands it was difficult for residents to meet in person over last year and so a
lot of it was Zoom meetings, but it needed to come together. We certainly have a plan, and need
to figure out how to fund it, and what we can do as quickly as possible although it will be a
phased approach.
City Council Regular Meeting Minutes
January 28, 2021
Page 16 of 21
Ms. Myna Mungle with Kenco Bucket Trucks had a question about the zoning as it was
mentioned that some zoning had been recommended. How soon could the city get that out? It is
just a work -type thing, it is not a money issue, she is just curious about that. Mayor Capetillo
stated that he is not sure what the zoning process is like, but it all depends on the particular
property and what you are seeking. He stated council had to visit this a few years back and most
of the corridor, or at least the front of it, is probably General Commercial. Even properties that
are currently residential were zoned General Commercial with the idea that if it ever worked to
evolve from residential it could turn into something commercial. The General Commercial is a
broad spectrum of things and sometimes it may conflict with the wishes of neighboring
communities, so it is something to consider, but on the merit of development, if it is the right
thing and best fit for that area, then council will certainly consider it. Ms. Mungle stated they
have some things in mind and just want to kind of have an idea and they look forward to working
with Baytown.
Assistant Director of Planning and Development Services Nathan Dietrich stated he wanted to
address Ms. Mungle's question. In conjunction, staff made some recommendations within this
plan, but they are also going forward and embarking on the Comprehensive Plan. He stated that
is going to be one of the things that they are going to be looking at and simultaneously taking
information from the public and seeing what the best zones along Bayway will be, and then at
that point, if staff feels that it is necessary to go back and rezone that area. Rezoning takes
usually anywhere between three to four months. Along with our Comprehensive Plan, staff will
be looking at the Future Land Use Plan, and will be taking all those things into consideration.
Council Member Lester asked Mr. Dietrich that if a property owner or a business came in with
an idea or plan that needed to be rezoned, that is separate and distinct from what you just
described? Mr. Dietrich answered yes, they can go ahead and move forward as long as it is in
line with the future land use planning, all that still can take place.
7. CONSENT
A motion was made by Council Member Charles Johnson, and seconded by Council Member
Laura Alvarado, to approve Consent Agenda Items Ta. through Ti. as submitted. The vote was
as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell and Council Member Mike Lester
Nays: None
Other: Mayor Pro Tern Heather Betancourth (Absent)
Approved
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City Council Regular Meeting Minutes
January 28, 2021
Page 18 of 21
C. Consider an ordinance awarding the Annual Water Meter Valve Replacement
Contract to C.M.
ORDINANCE NO. 14,656
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF C.M. CITY SOLUTIONS, LLC, FOR THE
ANNUAL WATER METER VALVE REPLACEMENT CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF
ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS
($120,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d . Consider an ordinance approving an amendment to the Baytown Fire Control,
Prevention, and Emergency Medical Services District's Fiscal Year 2020-2021 Budget, in
order to transfer monies from Contingency / New Initiatives (20701-99001) to Outside
Contracts (20701-74032) for the installation of a 12,000-gallon propane tank for the Fire
Training Field Industrial Prop.
ORDINANCE NO. 14,657
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AN AMENDMENT TO THE BAYTOWN FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES
DISTRICT'S FISCAL YEAR 2020-21 BUDGET; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider an ordinance amending Chapter 82 "Secondhand Goods," Article II
"Metals, Crafted Precious Metals and Gems," Division 2 "Metals" of the Code of
Ordinances, Baytown, Texas, to remove the licensing requirements related to the
secondhand dealers.
ORDINANCE NO. 14,658
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 82 "SECONDHAND GOODS," ARTICLE II "METALS,
CRAFTED PRECIOUS METALS AND GEMS," DIVISION 2 "METALS,"
SECTION 82-55 "DEFINITIONS," SECTION 82-59 "LICENSE
REQUIRED; POSTING OF LICENSE"; SECTION 82-62 "LICENSE FEES;
USE OF LICENSE AT SHOWS"; SECTION 82-63 if RECORDS
REQUIRED TO BE KEPT BY METAL RECYCLING ENTITIES AND
SECONDHAND METAL DEALERS," SUBSECTION (A)(5); AND
SECTION 82-79 "REJECTION; REFUSAL TO RENEW; REVOCATION;
HEARING; PENALTY," SUBSECTION (B) "NOTICE" AND
SUBSECTION (C) "APPEAL" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO REMOVE THE LICENSING REQUIREMENTS
City Council Regular Meeting Minutes
January 28. 2021
Page 19 of 21
RELATED TO THE SECONDHAND DEALERS; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
L Consider an ordinance authorizing the purchase of three (3) Chevrolet Tahoes and
one (1) Chevrolet Silverado 2500 from Lake Country Chevrolet through The Interlocal
Purchasing System (TIPS) for the Fire Department.
ORDINANCE NO. 14,659
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY-
SEVEN THOUSAND TWO HUNDRED NINETY-NINE AND 25/100
($147,299.25) TO LAKE COUNTRY CHEVROLET, THROUGH THE
INTERLOCAL PURCHASING SYSTEM, FOR THE PURCHASE OF THREE
(3) CHEVROLET TAHOES AND ONE (1) CHEVROLET SILVERADO 2500
FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider a resolution authorizing the City to submit a grant application in response
to the Office of the Governor, Public Safety Office, Homeland Security Grants Division's
FY 2021 State Homeland Security Program — Law Enforcement Terrorism Prevention
Activities Projects on behalf of the Police Department.
RESOLUTION NO. 2,697
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN
APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY
OFFICE'S HOMELAND SECURITY GRANTS DIVISION, IN RESPONSE TO
THE FY2021 STATE HOMELAND SECURITY PROGRAM LAW
ENFORCEMENT TERRORISM PREVENTION ACTIVITIES PROJECTS
SOLICITATION ON BEHALF OF THE POLICE DEPARTMENT;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY
GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
h. Consider a resolution authorizing the City Manager to submit an application to the
Texas Department of Emergency Management's Emergency Management Performance
Grant for Fiscal Year 2021 on behalf of the Emergency Management Division of the Fire
Department.
City Council Regular Meeting Minutes
January 28, 2021
Page 20 of 21
RESOLUTION NO. 21698
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
TO THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT FOR
THE FISCAL YEAR 2021 EMERGENCY MANAGEMENT PERFORMANCE
GRANT ON BEHALF OF THE EMERGENCY MANAGEMENT DIVISION
OF THE FIRE DEPARTMENT; 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.
i. Consider a resolution authorizing the City Manager to submit an application to the
FY2020 Assistance to Firefighters Grant Program on behalf of the Fire Department.
RESOLUTION NO. 2,699
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
TO THE U.S. DEPARTMENT OF HOMELAND SECURITY'S FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR AN FY2020 ASSISTANCE
TO FIREFIGHTERS GRANT FOR THE PURCHASE OF NINETY-EIGHT (98)
PORTABLE HANDHELD RADIOS IN THE AMOUNT OF FOUR HUNDRED
TWENTY-FOUR THOUSAND FOUR HUNDRED THIRTY-EIGHT AND
NO/100 DOLLARS ($424,438.00); AUTHORIZING A CASH MATCH IN AN
AMOUNT NOT TO EXCEED FORTY-TWO THOUSAND FOUR HUNDRED
FORTY-THREE AND 80/100 DOLLARS ($42,443.80); 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.
8. MANAGER'S REPORT
City Manager Rick Davis presented kudos and recognitions to the staff.
9. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.074 to deliberate the annual performance evaluation of the Municipal Court
Judge.
At 7:53 P.M., Mayor Capetillo recessed into and convened an executive session pursuant to
Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the
Municipal Court Judge.
City Council Regular Meeting Minutes
January 28, 2021
Page 21 of 21
At 9:01 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.
10. MOTIONS
a. Discuss and take appropriate action regarding the Municipal Court Judge's annual
performance evaluation.
A motion was made by Council Member Chis Presley, and seconded by Council Member Laura
Alvarado, to approve a three percent salary increase for the Municipal Court Judge Julie
Escalante. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell and Council Member Mike Lester
Nays: None
Other: Mayor Pro Tern Heather Betancourth (Absent)
Approved
11. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the January 28, 2021,
City Council Regular Meeting at 9:02 P.M.
Uticia Brysch, City Clerk
City of Baytown
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