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2020 10 22 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 22, 2020 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 22, 2020, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Chris Presley Charles Johnson Heather Betancourth Robert Hoskins David Himsel Brandon Capetillo Rick Davis Karen Horner Leticia Brysch Keith Dougherty Council Member Council Member Mayor Pro Tern Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor Capetillo convened the October 22, 2020, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member David Himsel. 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. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Manager Lionel Williams presented the item and provided a video presentation for all the individuals that received years of service awards for the month of October. The years of service awards were the following: 5 YEARS: CHARLES EAVES, FIREFIGHTER AARON MCNEIL, FIREFIGHTER City Council Regular Meeting Minutes October 22, 2020 Page 2 of 34 JOSEPH SOUTH, FIREFIGHTER STERLING BEAVER, ASSISTANT DIRECTOR OF UTILITIES JOHN KITCHENS, HEAVY EQUIPMENT SPECIALIST II 10 YEARS: SYLVIA WILLIAMS, POLLUTION CONTROL SPECIALIST II 15 YEARS: HENRY GUTIERREZ, HEAVY EQUIPMENT SPECIALIST II 20 YEARS: MARIA MALDONADO, UTILITY BILLING SUPERVISOR ADRIANA MONTALVO, DEVELOPMENT SERVICES SPECIALIST 30 YEARS: JESUS FAVELA, PUBLIC WORKS FIELD SUPERVISOR 2. SPECIAL USE PERMIT, 6511 THOMPSON ROAD a. Conduct a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties generally located along Wade Road, north of its intersection with State Highway Spur 330 (SH Spur 330) and South of its intersection with Interstate Highway 10 (IH 10) in Harris County, Texas. At 6:37 P.M., Mayor Capetillo opened the public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties generally located along Wade Road, north of its intersection with State Highway Spur 330 (SH Spur 330) and South of its intersection with Interstate Highway 10 (IH 10) in Harris County, Texas. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and asked if he could summarize all of the three public hearings together, 2.a. through 2.c., as they are all similar and related to the same property. He stated that at this particular location, as was shown on the map on the screen, there is a request for a Future Land Use Plan change. It is currently a business park, which does allow for Light Industrial development, however, they are looking to request a Special Use Permit and also a Zoning Map Amendment at this location. Their original general plan brought forth to the City about four to five year ago, indicated they were doing Light Industrial development and it fell in line with the current zoning, and also for the Future Land Use Plan. However, they have brought forth a new plan, which the Planning Department felt it was a lot more intense of use and felt that it was necessary for them to change the zoning designation from Light Industrial (LI) to Heavy Industrial (HI), due to the intensity change of what they were proposing to them at that time, which is a large rail yard. Mr. Dietrich stated that in their original submission to them, they had shown that there was going to be some sort of spurs that were included in with about approximately three million square feet of warehousing and freight storage along the site. However, that changed from having three million square feet and about six to ten rail spurs to having about a million square feet of City Council Regular Meeting Minutes October 22, 2020 Page 3 of 34 warehousing and freight to sixty-five to seventy rail spurs, so with that change they felt it was warranted for them to come before the Planning and Zoning Commission, and also City Council for this review. Also, along with making a zoning change from Light Industrial to Heavy Industrial, they require for there to be a Special Use Permit, which allows for greater consideration from both Planning and Zoning Commission and from City Council to warrant any sort of conditions that might be apparent or might be needed with this particular land -use change. The individuals signed up to speak on this item decided to wait and speak at the end of the three public hearings. At 6:41 P.M., Mayor Capetillo closed the public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) for properties located along Wade Road North of Spur 330 and South of I-10 in Harris County, Texas. b. Conduct a public hearing concerning a request for a Special Use Permit (SUP) relating to a requested heavy industrial (HI) use for 136.57 acres, located at 6511 Thompson Road, zoned Light industrial (LI), legally described as Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 21 B-1, Block 22; and Tracts 23 & 23C, Block 23 of the Elena Fruit & Cotton Farms "C," Harris County, Texas. At 6:42 P.M., Mayor Capetillo opened the public hearing concerning a request for a Special Use Permit (SUP) relating to a requested heavy industrial (HI) use for 136.57 acres, located at 6511 Thompson Road. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and stated that this is also a request for a Special Use Permit. The reason for the Special Use Permit is that within our codes, it basically states that any sort of heavy industrial use that is not called out within our land use tables would require to have a Special Use Permit. Again, the reason for the change from light industrial to heavy industrial is due to the intensity of the use, or the change in the use from LI to HI and we, the staff, along with the Planning and Zoning Commission had made recommendations for conditions to be added to this Special Use Permit, and he will go over those conditions when they get to the consideration item. Council Member Hoskins had a question in regards to the storage transportation, he noted that the applicant set criteria and some of the materials that are prohibited are toxic and hazardous materials by inhalation. He noted that they have listed anhydrous ammonia, but left out aqueous ammonia, why was it not included? Mr. Dietrich answered that at that particular time, they had included what they felt was appropriate, but during the consideration of the item, Council may certainly add that as a condition to the Special Use Permit. Council Member Hoskins asked if that was the same reasoning with highly flammable materials and Mr. Dietrich answered yes, and Council Members Hoskins stated that he believed they should consider adding to the current list of toxic materials other acids and toxics as there are going to be residential communities in close proximity on the south end of property. At 6:45 P.M., Mayor Capetillo closed the public hearing concerning the Special Use Permit related to the request of HI for 136.57 acres located at 6511 Thompson Road. City Council Regular Meeting Minutes October 22, 2020 Page 4 of 34 C. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 136.57 acres addressed as 6511 Thompson Road, and legally described as: Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 21 B-1, Block 22; and Tracts 23 & 23C, Block 23 of the Elena Fruit & Cotton Farms "C," Harris County, Texas, from a Light industrial (LI) Zoning District to a Heavy Industrial (HI) Zoning District. At 6:45 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 136.57 acres addressed as 6511 Thompson Road from a Light Industrial (LI) Zoning District to a Heavy Industrial (HI) Zoning District. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and showed a concept drawing of what it would look like with the proposed changes and how it would be oriented on the property. He reiterated that the reasoning for the zoning map amendment from LI to HI is in in order to accommodate the intensification of this particular development. Mayor Capetillo stated that it is his understanding that by going from LI to HI, that also initiates the Special Use Permit process, is that correct? Mr. Dietrich answered yes. Council Member Himsel asked if a 10-foot sound deadening fence was a part of the agreement and Mr. Dietrich stated that as they were going through public hearings, the applicant had indicated they were originally going to install an earthen berm with a large number of trees along the southern property line, which he indicated on the drawing. It was going to be about 50-feet wide and it was going to go up about five feet, and that was going to be part of their sound attenuation and light attenuation from the yard over to the single-family residential. However, they found that there is a pipeline along the backside of their property and their request through the pipeline company was denied so their alternative sound abatement and light abatement was to place a wall there, ten -feet was the original request, which the Planning and Zoning Commission recommended they increase that size to twenty -feet. Mayor Capetillo opened the floor to the citizens that had signed up to speak. Brandon Musser, from Brookshire, Texas, stated that he is working here as an Industrial Rail Consultant and has done this for about thirty years in this community, probably knows Baytown and Mont Belvieu better than his hometown. They started working with Pontikes Development Company to develop the plan they see here. It was an exciting plan and it was for an asset that as you know, as this industry grows and as this community grows, you see more of this in support of the production that we have here. They took this plan into the market and they took it for the industry to take a look at it. He presented a slide show of the site plan and the previously approved site layout. Surprisingly, they were able to hear back from the producers in this community, which as you know, everybody has seen a rail car since it is congested in this community. We sit on something called the Baytown Subdivision and it travels with the arrows, as shown on the Baytown Rail Circulation map, in a counterclockwise motion from Houston to Baytown to Mont Belvieu to Dayton and back to Houston, it does it every day. Unfortunately, all the blue dots on the right-hand side of the plan, indicates where the cars are stored, many go there empty, until the producers need them again and call for them, and you could have as many as two to four moves from one car through the city. It surprises a lot of people when they learn about how rail car traffic moves throughout the city. The producers indicated to them that there City Council Regular Meeting Minutes October 22, 2020 Page 5 of 34 is only one place left, north of the Baytown chemical complex to store cars, which is where the red dot is and that is the Port 10. It puts them north of the chemical complex and is a perfect staging ground for a parking lot to store rail cars. This location would not only benefit them, but also the public, by controlling the number of moves a rail car will make through your town. They came back with this plan at the request of the producers, and the support of the railroad, to come up with a way to stage cars, and the type of cars they want to stage here are, predominantly, the plastic copper cars, there might be some lumber coming in and other things that benefit the community. They have no intention of bringing anything in that is a toxic inhalant or a poisonous inhalation hazard, they do not want that. Let them take the cars that are congested, let producers move them in their facility as many as they can, and let those cars flow with the bad stuff in them get inside the gate, get them locked up, and get monitored. This is where they are today, this is what the market told them was needed and they wanted to bring this to council tonight. Mayor Capetillo thanked Mr. Musser and asked if there were any other statements they would like to make regarding any concerns. Mr. Musser asked Mr. Brandon Guillory to address the concerns over sound. Brandon Guillory, from Houston, Texas, stated that sound was a concern at the Planning and Zoning Commission meeting, and then they heard the question regarding the sound wall and where it was on the exhibit along the south property line. As stated earlier, they had proposed a ten -foot wall, but the Planning and Zoning Commission recommended a twenty -foot wall, so they had a noise study conducted and had two noise level monitors set up at the site. They had one monitor at the south property line of the site and one monitor roughly in the middle of the site, where it is labeled LT2. The study was conducted on October 6th and 7th, they took 24-hour sound readings. The data showed normal ambient noise and noise levels averaged onsite to be 57.2 decibels, and at the south property line they were 55.7 decibels, during that time period. So just to put that into perspective, a refrigerator is about 45 decibels and a running A/C unit is about 60 decibels, just to give you an idea of where that falls. Then using federal criteria for sound, they did an analysis based on the proposed operations on the site on the number of locomotives and the types of activities that would be going on, and what came back is sound levels on the site operating would range anywhere from 30 to 40 decibels, which is going to add just a few decibels of sound out there to what is already existing conditions. They then modeled a ten -foot wall, a fifteen -foot wall, and a twenty -foot wall and what they found was the change in going from a ten -foot to a fifteen -foot wall only reduced sound by one decibel, going from a fifteen -foot to a twenty -foot wall reduced sound by one more decibel. The difference in going from a ten -foot wall to a twenty -foot wall reduced the sound impact at the south property line by two decibels, which is barely perceptible, if perceptible at all by the human ear, the two decibels. Therefore, their request is that they hope to go back to a ten -foot wall that they had originally proposed in their submittal to the Planning and Zoning Commission, sine the ten -foot wall would be more of a visual barrier for aesthetic reasons while the twenty -foot wall is just going to be imposing and more, he thinks, of a visual nuisance to the residents south of the property. The ten -foot wall will do more than enough to screen any opportunity to see on the site any rail cars and so their request would be that we be allowed to go back to the ten -foot wall that was originally proposed. Mayor Capetillo stated that their request would be noted. Council Member Betancourth inquired if they are referring to a berm as a wall or a concrete wall and Mr. Guillory answered a concrete wall, since the southernmost fifty -foot wide strip of their City Council Regular Meeting Minutes October 22, 2020 Page 6 of 34 property is a pipeline easement, and so they had proposed a berm in there, but when they went to the pipeline company, they said that is a no go and denied their request. Council Member Betancourth stated that in her experience, she believed in blocking a railway from a community, berms typically act as better visual barriers than concrete walls. She has seen even recently, grassy berms have trees added to the top and so if their goal's not really sound reduction, it is more of a visual barrier, it seems to her that a berm would be preferable to a wall. Council Member Hoskins stated that for the purpose of the sound, the difference in a berm and a wall is that the berm, the sound will go over the top right down and not even slow the sound wave down, and so if you get an eighty -decibels, it will go right over the top, you still receive eighty decibels down from that berm. The wall, it does have some deflection when the sound wave hits that you have some deflected back, some go over the wall that is why you have a reduction of the sound wall. I believe there is also a drawing in here that shows the visual of what the wall is going to look like. It is masonry looking and also, he believes there is a drawing where there is a person you have different people showing the elevation of what they are seeing over the top of the wall. So, for visual, it looks like they have got that covered as far as a ten -foot wall where they would not be seeing cars as you are on the west side or on the south side of that wall. Council Member Hoskins added that as far as sound, one thing that comes out of a rail car is that it is very loud, number one is the locomotives rip it up, and number two is you are backing cars into the hole and you are releasing the cars and they have run the length of the rail and then they bump into the other car, so what is being done about that? He believes they had had some discussions about that. Mr. Musser indicated that they actually have a locomotive, which has eight position settings in there for throttle. They do not want dead-end tracks, they do not want it to each more than ten miles an hour in switching speeds so you never get above position three on the throttle and you just stay low speed. The reason they use locomotives is actually to be safer. It is not starting a locomotive that is difficult, it is stopping it, so you want enough engine, enough weight to be able to gently without having to over -rev it and you want to be able to gently apply the brakes and control the entire corridor. All the cars are controlled with air just like a tractor -trailer if you are familiar with that, the brakes are controlled by air. As far as that concept you mentioned about cars rolling, that is what they call in the industry "kicking cars," they do not do that as their insurance company does not allow that. Council Member Johnson stated that he was going to ask the same thing as Council Member Hoskins and was actually going to say that he grew up with a railroad track ten yards from his back door so one can imagine what it was like hearing the kicking of those railcars and was relieved to hear that they do not allow it. In regards to the wall, he wanted to hear the reasoning as to why a twenty -foot wall was recommended by the Planning and Zoning Commission, was it just for the sound or was it more about them knowing that no one would be able to see anything on the other side of the wall, and Mr. Dietrich answered it was a little bit of all that he stated. It was to make sure it was visibly obstructed from anyone's backyard that they had there, and they just wanted to make sure that it was not going to have any sound pollution and/or light pollution onto any adjacent property. City Council Regular Meeting Minutes October 22, 2020 Page 7 of 34 Mayor Capetillo stated that in relation to the wall, he would rather use resources for something that would really help the community and certainly people that will travel along that corridor. Council Member Johnson stated that if the Planning and Zoning Commission was looking at the twenty -foot wall being better for a night scene, especially light pollution, he believes that they are so far advanced in technology where one can adjust the lighting so it would not pollute the neighbors, to which Mr. Guillory indicated that he had a couple of slides on that and a couple of different products they can invest in, as they Mayor indicated, so that they can make sure there is no spillover of light onto the adjacent properties. Council Member Himsel inquired on the size of the residential lots adjacent to the south property line and Mayor Capetillo stated that ninety percent of them are actually large acres, like ten to fifteen acres in some cases, and there is only one track that has multiple houses on it, but other than that they are all pretty much very rural. Mr. Himsel was disappointed to hear that the Planning and Zoning Commission recommended a twenty -foot wall prior to the study. Mr. Dietrich indicated that when the applicant submitted their fence plans, they come in certain manufactured height limitations. At that particular time, again because there was not any study done at that time, they felt that ten -foot was too small, and twenty -foot they were not sure if it was going to be too big, but it was the in-between that probably was going to best mask all of those noise and light that they felt was going to come across onto the neighboring properties. Council Member Alvarado inquired if they will be installing trees along the wall, which Mayor Capetillo answered that because of the easement, that was the problem, the pipeline company would not let them do it. Council Member Hoskins asked if there were any concerns expressed from the citizens that live on that road and Council Member Johnson stated that he had received several phone calls and emails of citizens voicing their concerns about the noise, the lighting and traffic, rail traffic in general. Mr. Pontikes reached out to him and they decided to conduct a meeting in order to educate the citizens and address their concerns, and about seven or eight individuals showed up while others connected via teleconference. It was really educational and they were able to understand how many rail cars would be lined up, if they would be blocking the intersection for long periods of time, and how many rail cars would be stored on site, which mitigated many of their concerns. Mr. Brandon Musser indicated that the Union Pacific allowed them to tie into the north end of their yard, which keeps them operating under the overpass at I- 10 and keep things away from the road crossing, so that is the one reason they orientated it this way to prevent their cars from blocking the other cars. Council Member Johnson thanked the developers for setting up the meeting on such a short notice and appreciated them going the extra mile and taking the time and effort to educate them. Council Member Hoskins expressed some of the advantages of the new development and how it will alleviate some of the issues they see now and free up a lot of our car traffic by getting all the rail traffic going out of town. He believes it is a good thing for the City of Baytown the surrounding community, as well as the industries that are going to be using this as their storage facility. John Hay, Nick Pontikes, Mark Sjolander, and George Pontikes had signed up to speak but yielded their time to Brandon Musser and Brandon Guillory. City Council Regular Meeting Minutes October 22, 2020 Page 8 of 34 At 7:19 P.M., Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 136.57 acres addressed as 6511 Thompson Road from LI to HI. d. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future Land Use Plan for properties generally located along Wade Road, north of its intersection with State Highway Spur 330 and South of its intersection with Interstate Highway 10 in Harris County, Texas. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and stated that when they presented the amendment to the Planning and Zoning Commission, they had two alternatives, very similar, however they felt that the layout presented was more appropriate, to follow the rail line straight up to this particular property, as shown on the map, which would be the industrial portion of it surrounded by a business park, the area follows Wade Road down to Spur 330. A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member Robert Hoskins to approve Ordinance No. 14,539, related to Item 2.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN FOR PROPERTIES GENERALLY LOCATED ALONG WADE ROAD, NORTH OF ITS INTERSECTION WITH STATE HIGHWAY SPUR 330 AND SOUTH OF ITS INTERSECTION WITH INTERSTATE HIGHWAY 10 IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving a Special Use Permit (SUP) for Heavy Industrial (HI) use(s) for 136.57 acres, located at 6511 Thompson Road, legally described as Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 21B-1, Block 22; and Tracts 23 & 23C, Block 23 of the Elena Fruit & Cotton Farms "C," Harris County, Texas. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and stated that also from the Planning and Zoning Commission, there was a recommendation that was made that along with the special use permit moving from Light Industrial to Heavy City Council Regular Meeting Minutes October 22, 2020 Page 9 of 34 Industrial, there were a number of recommendations that were going to be made and along with those, he thinks Council Member Hoskins wanted to add to the materials, the prohibition on certain types of materials that were going to be stored in the yard. The current items that were included from the Planning and Zoning Commission were materials that are toxic and hazardous by inhalation and hydrous ammonia and he believed Council Member Hoskins wanted to add to this aqueous ammonia, at which he asked for it to be amended. Mr. Dietrich stated that along with that spent nuclear waste and high-level radioactive waste, including construction and maintenance of a 20-foot wall of sound and light barrier wall along the southern property line, the development must conform to the site plan, which is attached as part of the special use permit. Those were the three conditions that were included as part of the special use permit. Mayor Capetillo indicated that now that they have data, he believes there is a consensus for a ten -foot wall and he also wanted for the conditions to include no pre -rolling of cars, and upon approval of the appropriate authorities to consider designing and installing an active crossing indicator along Lynchburg and Thompson Road so they can provide citizens an option of alternate pass. Assistant City Manager Nick Woolery stated that they had spoken with Union Pacific that day as to whether it would be feasible and they were supportive but they would need to work out the technicalities of how to make it work and suggested including specific language to ensure the developer will be covering the engineering and construction costs, but it will need to go through Union Pacific as it is their system. A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member Laura Alvarado to approve the Special Use Permit with the additional conditions of installing a 10-foot wall in lieu of the 20-foot wall, and to design, construct and pay upon the approval of the proper authorities an active crossing indicator, and no free -rolling of rail cars. A motion was then made by Council Member Robert Hoskins to amend the proposed conditions for the Special Use Permit, under section 2, item 1, first bullet, "Materials that are toxic and hazardous..." delete "by inhalation" and add "to include highly flammable, acids, and caustic materials," and on the second line where it states, "Anhydrous ammonia," add "Aqueous ammonia." Mayor Capetillo asked if they could take all of the amendments as one motion as presented by the City Clerk Leticia Brysch, who listed all of the motions as noted above. The motion was seconded by Council Member Robert Hoskins. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved Mayor Capetillo then asked for a vote on the Special Use Permit as presented, to approve Ordinance No. 141540, related to Item 2.e. The vote was as follows: City Council Regular Meeting Minutes October 22, 2020 Page 10 of 34 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem. Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT FOR HEAVY INDUSTRIAL USES ON APPROXIMATELY 136.57 ACRES, LOCATED AT 6511 THOMPSON ROAD, AND MORE PARTICULARLY DESCRIBED AS TRACT 3, BLOCK 2; TRACTS 20 & 20A, BLOCK 20; TRACT 21 B-1, BLOCK 22; AND TRACTS 23 & 23C, BLOCK 23 OF THE ELENA FRUIT & COTTON FARMS "C," HARRIS COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance amending the City of Baytown's official zoning map to rezone approximately 136.57 acres addressed as 6511 Thompson Road, and legally described as: Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 21B-1, Block 22; and Tracts 23 & 23C, Block 23 of the Elena Fruit & Cotton Farms "C", Harris County, Texas, from a Light industrial (LI) Zoning District to a Heavy industrial (HI) Zoning District. A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,541, related to Item 2.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,541 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF City Council Regular Meeting Minutes October 22, 2020 Page 11 of 34 BAYTOWN TO REZONE PROPERTY LOCATED AT 6511 THOMPSON ROAD, WHICH IS APPROXIMATELY 136.57 ACRES AND LEGALLY DESCRIBED AS: TRACT 3, BLOCK 2; TRACTS 20 & 20A, BLOCK 20; TRACT 2113-1, BLOCK 22; AND TRACTS 23 & 23C, BLOCK 23 OF THE ELENA FRUIT & COTTON FARMS "C," HARRIS COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL (LI) ZONING DISTRICT TO A HEAVY INDUSTRIAL (HI) 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. STRATEGIC PARTNERSHIP AGREEMENT, CHAMBERS COUNTY MUD NO.3 a. Conduct the first public hearing regarding a strategic partnership agreement related to a limited purpose annexation with Chambers County Municipal Utility District No. 3 for approximately 223.2868 acres of land situated in the Chambers County School Land Survey, Abstract 321, Chambers County Texas. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and stated that a few months ago, they had a developer come in and create a MUD out at the property by America's LLC, and to formulate that MUD and also to do a Limited Purpose Annexation with a strategic partnership agreement, this is the first public hearing in order for this to take place. At 7:32 P.M., Mayor Capetillo opened the public hearing regarding a strategic partnership agreement related to a limited purpose annexation with Chambers County Municipal Utility District No. 3 for approximately 223.2868 acres of land situated in the Chambers County School Land Survey, Abstract 321, Chambers County Texas. Assistant Director of Planning and Development Services Nathan Dietrich wanted to add that under the SPA, the city will be able to collect sales tax, they will provide utility services by a separate utility agreement. He will apply certain applicable ordinances which is the development agreement that they have already looked at and approved. They will not annex for full purpose annexation during the term of the agreement without the approval of the district. They will not collect ad valorem taxes and will not provide any city services unless specifically agreed upon by both parties. No one signed up to speak on this item. At 7:33 P.M., Mayor Capetillo closed the public hearing regarding a strategic partnership agreement related to a limited purpose annexation with Chambers County Municipal Utility District No. 3 for approximately 223.2868 acres of land situated in the Chambers County School Land Survey, Abstract 321, Chambers County Texas. City Council Regular Meeting Minutes October 22, 2020 Page 12 of 34 4. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 6 "Alcoholic Beverages," Article I "In General," Section 6-2 "Sales near schools, churches, hospitals or day care facilities" of the Code of Ordinances, Baytown, Texas, to remove the distance requirement exemption from the distancing requirements for the sale of alcoholic beverages within the Arts, Cultural, and Entertainment Zoning District. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and stated that as requested, they have placed this item on tonight's meeting to consider it and basically what this does is that it removes the exemption from the ACE District meaning that if you are within 300 feet of a hospital, a daycare and/or a school or church, then they would be prohibited to sell alcohol. However, there is a variance process that if they would want to come to the city council to request that variance, then they can come here, and they would have to explain the reason why they would want to have that variance to sell alcohol within that distancing, that 300-foot distancing requirement. Council Member Presley wanted to address some of the misconceptions out there and touch on some of the backgrounds regarding this item. He stated that in 2004, the city engaged a professional, urban planning firm, and they developed a downtown master plan as the guiding document for the revitalization of the old downtown area. There were countless meetings, roundtables, town halls, over the course of probably a full year and they were very well attended. There was a lot of input given and synthesized and from that, came the Downtown Master Plan. All of the major stakeholders gave input and essentially it was the product of the community's vision. The community spoke and the direction from that plan was that the community desired a safe, family -friendly environment with a mix of uses that appeals to all citizens. A lot of those strategies and recommendations in that plan, this Council and even a few former colleagues, they have actually checked a lot of those boxes, and he gives this council and some former colleagues a lot of credit, there were things like redo the streetscape, develop a public plaza for community events, restore and rehab historic buildings, offer incentives to help restore and rehab older buildings, and for the city to take a leadership role in that endeavor, and the city has really stepped up and certainly taken a leadership role to the tune of actually over $10 million. Mr. Presley continued that in 2016, a professional was engaged to help us form a community - based strategic plan, which was once again, a plan that was driven by residents and citizens. Again, based on the input from the entire community, and we had over 4,000 responses, the overwhelming theme was, again, to elevate the quality of life for all of our citizens. In that plan, there were five strategic directives, three of which were community reputation and image, community amenities, and neighborhood quality. These things require planning, forward - thinking, and establishing a high standard to achieve quality neighborhoods. He wanted to be very clear, that he believes in clean, reputable establishments throughout the entire city, and especially and more importantly in our older areas of town, which currently face challenges. He would certainly want to see a nice bar and grill, a friendly neighborhood pub, a unique brewpub in the area, or a nice wine bar. He would be the first to hold up his hand and do everything he can to help anything like that work, as he has done in the past and hopes that they have that opportunity one day so, that is for the record. City Council Regular Meeting Minutes October 22, 2020 Page 13 of 34 Mr. Presley stated that over the past several days, he had personally visited and had direct dialogue and discussions with the President's office at Lee College, and with some of the Board of Regents for Lee College, he even visited with the pastor of Memorial Baptist Church and the pastor of Coat of Many Colors Church, and is familiar with the outlook of the Jewish synagogue in the area, and he can assure everyone that those long-standing stakeholders would be very appreciative of the vetting process. He believes Lee College is the single largest asset in District 2 and is vital to our entire community and he values the churches and every business in that area as well. It is just not fair and it is just not right to cut off and circumvent churches and schools having a say so in what may transpire within 300 foot of their borders, he has to think about his entire district, and these stakeholders were there before he moved to District 2, and they are likely to be there long after we all are so he can assure you that they are very, very interested in being included in the process, and by eliminating this exemption, they would then have a voice and they would then be included in that process. He urged all of his colleagues to take a look at the bigger picture and give as much sensitivity to the schools and the colleges and the churches and the daycares as he has gone to great lengths to listen to and understand and sympathize with, and believes this is the right thing to do. Mayor Capetillo proceeded to have those signed up to speak come forward. Yvonne Thomas, from Baytown, Texas, stated that she was there representing Historic Baytown's Arts, Culture, and Entertainment District, which is an organization made up of businesses and landlords in the downtown Arts District. They have been around since 2017 and their goal is to increase the arts, the culture, and the entertainment in the area of the ACE zoning district, Downtown Arts District. They work with prospective tenants, prospective businesses, landlords, and work with the city to try to help get things in that area really nice. They worked with parking and have tried to correct the parking signs that had not been changed since 1977. They have done a lot in that short period of time. They have 85 people on their email list, and communicate with a lot of people that are interested in the area. They would love to be part of the conversation for anything to do with the Downtown Arts District. The organization feels kind of slighted because they think they should be recognized in the area and somebody should have approached them about this item being discussed at the council meeting. They think it is going to be much harder for businesses that want to sell alcohol to open up, once they go ahead and remove this distance exemption. They would not want to make it harder for anybody else to come into town as it is a hard sell, but the area is improving slowly but just like Council Member Presley said, they really want good businesses also, they do not want just any riffraff, but they are not sure that this is the right way to approach that to get what council wants. They have not been able to get the variance process defined and if it is not objective, that, to them is not fair. It has to be a clear-cut way to determine whether or not this business is viable and not an emotional thing that six people in the council are going to judge and so, they do not think that is a fair process. Ms. Thomas indicated that there is a map that came out at the last meeting and it showed two areas that would be affected. However, there is a possibility right now, the school coming into the 200 block, so that will be a whole section that would be affected and also Lanie's is open, which has a kitchen. There is actually a possibility of a wine bar, they have had people come and City Council Regular Meeting Minutes October 22, 2020 Page 14 of 34 talk to them about these things so it is not just what is happening now, but it is what is going to be looking like in the future that really counts for them. So, they really want council to consider looking at the allowed businesses for the ACE District because you have a document that says "allowed business or disallowed businesses" and by the way, daycares are one of those disallowed businesses for the ACE District, so they would like council to consider tweaking that, they think that the City would have a lot more control if they do that and not just focus on the distance. Mayor Capetillo asked Ms. Thomas to elaborate on the possibility of a school coming into the 200-block and she stated that there is a business right now that is permitted and building out a space and there is a possibility that the business might be classified as a school, and that would be located on Defee. Mayor Capetillo commented that a school is certainly not prohibited in the ACE District and he understood how a first-class wine bar or something similar that would want to sell alcohol, if there was a school that would be introduced at the 200-block, given her hypothetical, then it would put a lot of potential for development there, at a disadvantage. Ms. Thomas stated that a potential business owner would not go through the trouble of signing a lease and applying for permits if there is the possibility of being turned down by council. Council Member Presley stated that there is a variance process and if it is overall a net gain for the area, he would anticipate the city council would grant the variance. They are to the point where they have actually put incentives in place so if it is a nice opportunity for this community, not only would he be in favor of granting a variance, he is in favor of offering up incentives to help land it, so they do not lose, all options are still on the table. There is no downside. There is only an upside in neighborhood protection for churches, schools, and daycares and if they are not within 300 feet, nobody would even ask for a variance, it is only if they are within what 300 feet. His track record is that he has been supportive and this entire council has been supportive of every single business, that there is a net positive, and not only would they give the variance, they would have an opportunity to incentivize. In his opinion, he would rather hear the plan, help incentivize, then take the chances. He can tell you, the schools and the churches and the daycares feel the same way so, he thinks they need to make the correction tonight and he would certainly encourage staff to visit with them and if they can come back and look at something on a more macro level, he would be open to that, and they have discussed this numerous times. The residents he has talked to, and his constituents, honestly, the majority of them think that schools and churches and daycares result in a healthier neighborhood than liquor stores and bars and private clubs. Ms. Thomas' closing comment was that she thinks the council needs to look into it further and that there just needs to be more analysis of what would be best to achieve or what you want to achieve. David Isaac, lives at 612 Lofts W. Texas Avenue, stated that he wanted to make a public comment of the proposed ordinance and perhaps even offer a suggestion or some sort of resolution to the matter. He spoke to a conservative friend today, who agreed with him in that they believe it gives the City the ability to pick and choose, the word they are trying to hide from is discrimination. It kind of hurt him to say that because he is that sort of activist that is ready to fight for the freedom of businesses to participate wherever. The exemption that was put in place City Council Regular Meeting Minutes October 22, 2020 Page 15 of 34 in 2013 was put there as an incentive to grow business. He does not disagree, he trusts what the intent and motive behind Council Member Presley is, but he agrees with what Council Member Betancourt had said that usually when you take away an incentive that slows business, but it was followed up with the trust. He is willing to trust if they can make sure that they do have, and here is his solution, some sort of council or department of diversity and inclusion, as seen in other cities, so, people do not feel like they are disenfranchised, or like they are discriminated against. When they have a proactive legislation like this put in place or a proactive department that can act before something comes up. He thinks that is a better resolution than trying to amend something that was put in place as an incentive and he is saying this from the perspective of someone who brought bands from Japan, Italy, Turkey to Cork Grinders and participated with Dirty Bay, in those heydays in 2016, in 2013, he was there, before living in Japan for five years. Mayor Capetillo asked for Mr. Isaacs to make his point on the item and Mr. Isaacs stated that he believes they need to find a resolution where they do not create a slippery slope to where it is going to be harder for people to create businesses, for discrimination, and they can also create the standards without micromanaging, that is part of Councilman Presley's vision, that is his stance. Oscar Chapa, stated that most of his concerns had already been said, except that he would like to add that as most of you know, his wife Yvonne and him bought the old DOMA in 2015, they renovated it, put some apartments and some retail spaces in it to rent. The apartments rented right away, no problem. It was in retail they were having problems with, they are 100% rented now, but it took them years to get there and there is a lot of people that came, a lot of interest, most of these are not the high dollar big investors. They are just regular working people that have a dream and they are trying to fulfill that dream for whatever it is that they are trying to open. However, once they start looking at the process of the city, the permitting and everything, they get overwhelmed, and they step back so he is against this because adding another layer is just going to add to another barrier for these people or prospective business owners in our area, yes, and he thinks it goes against the vision of what all of us want to see down there. Raymond Plancarte, who was connected via Zoom, stated that he grew up in Baytown, he still lives here and has actually seen the City grow in many ways, especially the Downtown area. He has been in the bar and restaurant industry for six years and owned and operated his own bar and venue as well in Houston. The reason he wanted to speak tonight is that he is actually interested in the Dirty Bay and bringing it back and he has also operated and managed bars that were near these types of areas and he can tell you right now, most of the time there was little to zero interaction in day to day operations with either or because most of the time, the places that he operated in the heights, Edo, Midtown, there were certain guidelines that helped keep the peace between everybody such as opening up after 5:00 or 6:00 p.m., no noise on the outside after 9:00 p.m. This just keeps it from getting loud and rowdy. He stated that by doing this, like many before him have said, it will discourage business owners from coming into this very beautiful, renovated area. He is not coming here, just specifically for the sales of alcohol, he is coming here because that goes hand to hand with entertainment and food. He thinks everybody can agree on that. In most cases, sometimes even the churches shared parking lots with them when they were not operating and vice versa. It is all within, he believes, being a good neighbor. This area is something for that nature to come out and be diverse and unity through culture and in culture through entertainment. This would take a big piece of it out, but that is where most of their City Council Regular Meeting Minutes October 22, 2020 Page 16 of 34 money comes in from is to sell some alcohol. It would just put a big card on it, on income, on tourists, on just traffic, in general. It is awesome seeing people moving into the area and tenants also looked forward to moving to the area when he lived in Downtown, he looked forward to it because he was near restaurants and bars. His closing remarks is that he just wanted you to say how much it would affect and deter future business owners from moving into this area. Michelle Jiro, was not able to speak due to technical difficulties with audio on zoom. Council Member Alvarado mentioned that since the last council meeting, she did go back to research the master plan for this area and as Council Member Presley had already mentioned, some of the things that they have accomplished is quite impressive. City Manager Rick Davis and herself were commenting on that and how far they have gotten with the Texas Avenue development since the initial master plan. She had also requested, that since the inception of this exception, which passed seven years ago, how much interest and how many people have been coming to the city or even inquiring about opening a bar or restaurant that sells alcohol, and from the report she received there was not very much interest. Her and Council Member Johnson have spoken to business owners in the area, not regarding this particular issue, but she will reiterate what she mentioned at the last meeting is that most of them, if not all mentioned, that what they would prefer within the Texas Avenue ACE District was to have more family -friendly environments and businesses, less bars. Now, she is not saying that there is going to be zero bars, they are just wanting to have quality establishments. She feels that if at that time, Ms. Thomas, they did not contact ACE because they were not prepared to really do anything, they were just out there talking to people. In the same instance, where the ACE feels that they should have reached out to them and asked for opinions and gotten their feedback, she would say the same would be for schools and churches and other citizens within the area to also have a voice if there is going to be a business establishment, a bar, pub and grill which she would very much like and feels that these individuals and organizations should have that same right. The exemption is out there for the rest of the city, this is the only area that does not have it and so all they are doing is removing the exemption, they are not removing the opportunities for business to come and set up. A variance process, she does not feel it is a pick and choose of businesses, but rather treating it the same as we are with the rest of the community with the rest of the city and it is allowing that voice, not just for the ACE District owners, but the entire community within that area as to what is going to be there. She knows they are not voting yet but she is in favor of this issue. Council Member Betancourth stated that she was disappointed that the ACE group was not included in these conversations. She was surprised as they are one of the central pro -business development organizations down there. They are the very few people who have dared to actually invest in Texas Avenue right now and so their opinions are important to her. They are down there living the situation and what it is like to invest or get other people to invest down there, and so she is not convinced that this is the right path to drive new business development on Texas Avenue. She believes they are already struggling to find people who want to invest down there and agrees that if like Pizza Hut, or Starbucks wanted to come to Texas Avenue, yes, they would have no problem coming in front of council asking for a variance, but she does not think it is these big franchises that are going to open down there, but rather it is Mom and Pops. She thinks it is local entrepreneurs and agrees with Ms. Thomas's comments as to why go through the trouble when there is all this other space and other areas of Baytown that you do not have to go City Council Regular Meeting Minutes October 22, 2020 Page 17 of 34 through a variance. So for her, while she agrees with the intent of getting reputable good businesses in the area, she has always believed that they should be making it easier for businesses to open on Texas Avenue, not harder, and she believes government regulation makes it harder for businesses to open. Council Member Betancourth commented that the word family -friendly keeps being thrown out and it is really confusing to her because she has a family and she goes to bars and drinks and so, she does not really understand why it has to be one or the other. She feels like a healthy economy would have a diverse mix of businesses and for her, someone is not going to be out on Texas Avenue at ten o'clock at night with their kids. Why can there not there be family -friendly businesses during the day, and in the evening, there are businesses that would cater to adults without children? It does not have to be one or the other. I think it can be a really healthy mix. She does. not think bars are a health and safety hazard to schools or churches and thinks the variance process, which she knows have been through this several times, but this is the first time it is kind of enlightening to her that it might be flawed. It is a subjective process. Her goal is to see Texas Avenue thrive and be successful and have good businesses that people from all walks of life want to be down there. They are investing millions and millions of taxpayer dollars on there so she has just as much interest in seeing that be successful as the rest of them and thinks they should be making it easier for new development and not harder. Council Member Johnson stated he had some of the same questions as Council Member Alvarado, and asked how long the exemption had been in place and Mayor Capetillo answered since 2013. Assistant Director of Planning and Development Services Nathan Dietrich stated that they did a quick study from 2013 to 2019 and they found, and he was going to give a small correction to Council Member Alvarado, is that they do not have metrics on when someone comes in to inquire about a bar, they only have metrics on when someone actually does apply for one. The information that they gave her is when someone has come in to apply and received an alcohol permit and so from 2013 to 2019, there were approximately nine establishments. All of them were not just bars, they were places that sold alcohol. Council Member Johnson stated that everywhere else in the city we have some guidance on these types of establishments around churches and schools. He can recall a time where they had someone wanting to open something near a daycare school type facility and we heard from that daycare and the school. Why would we not want to do the same thing, and the word discrimination was brought up, treating people unfairly? Well, at that point, we would have a different standard in a different part of the city where we would be sending the message that we do not want to hear from you. In his opinion, the process should be congruent to address the issue of people having a fear that it may be too complicated, but they could be directed to Bret, who can then walk them through the process so they can see it is not too complicated. A variance is not necessarily a bad thing, it is a good thing because council at least gets to hear what is being proposed. He does not mind taking the time, that is why council members were elected to sit here and hear these types of concerns for the citizens. We are here to help promote business. We do want to promote business but if it comes at the cost of our citizens, schools, and churches, he thinks they should have a say so in it. It is council's responsibility to listen to them and judge it off of the merits of what they want to see and what the residents tell us they want to see here around them in our city. City Council Regular Meeting Minutes October 22, 2020 Page 18 of 34 Council Member Himsel stated that he would be brief, he does not think the churches, schools, and daycares in the ACE District should be treated any differently than anywhere else in the city. He hates the carve -outs, does not like that at all. He thinks that the fact that everyone is kind of hiding behind or the fact that this variance process is so difficult, well, it is really not. There is no fee for it and it is available. It may take a little effort to get through that process but that is what it takes to get there. He mentioned how a bar can open at noon, it is not like it is just an evening venue, and he does not like that close to the churches or schools. He believes this council would be very receptive, and even incentivize something nice, decent nice, and this keeps the terrible, low, low, low investment type bar activity out of there and away from the churches, schools and children. These children here are not any different than the children out of Garth Road or out of North Main, so why do they treat the children, the churches, and schools in the ACE District differently? If this ordinance is good enough for the whole city, why did we ever carve it out in the ACE District? He does not get that, so this is where he stands on it. Council Member Hoskins stated that if they put this exemption in place several years ago, and it did not do what it was supposed to do, then it failed, so they need to put it back like it was and think of something else. The entire city falls into the same rules, there are no exemptions anywhere, and then as Councilman Himsel said, it is really easy to get the variance, it is just one more step to come to get the variance and life goes on, so that is the right thing to do. Council Member Alvarado inquired about the art center of Baytown, if that is a city -owned business that can be rented and would the removal of the exemption affect the fact that they can sell or serve alcohol. Does every individual have to come in to ask for a variance, or will the variance be issued as a whole? City Attorney Karen Horner answered that currently, it is a city facility and they cannot sell under the lease without the approval of the council so if there is going to be sell of alcohol there, they would have to come to Council. At the same time, they come to get their approval, they can also get their variance, and if they are just serving alcohol, and they serve it to everyone, and it is free, then no permit needed. Mayor Capetillo indicated that according to the map, that property would not have to get a variance as it is not located within 300 feet and it is not one of the highlighted properties so the ordinance would not affect them. Mayor Capetillo stated that he would feel comfortable removing the exemption but putting a language that protects that area of Texas Avenue so that when people come, if a school is going to open or daycare, nursery school, whatever the case may be, they are aware that this is a place that may sell alcohol, even incentivized. He understands what it entails now and would rather they really get this right. The churches, and schools or daycares have a voice, but he also wants to make sure that they protect the business owners that are there, if they want to maybe expand to obtain a liquor license. He would like them to put everything in place and apparently, there is at least, either miscommunication or lack of communication that took place, regardless, he feels more comfortable knowing that the communication took place. Mayor Capetillo stated that Michelle had allocated her time to Ms. Yvonne Thomas and allowed Ms. Thomas to read aloud the comments that had been emailed to her from Michelle. She is the owner of the Wasabi restaurant. Ms. Thomas read: "At first when we looked at our spot at 206 City Council Regular Meeting Minutes October 22, 2020 Page 19 of 34 West Texas Avenue, we were hesitant because of the lack of foot traffic and other businesses. My husband and I decided to sign a 10-year lease after finding out about the exemption because it paved the road or vision of the future. The potential for bar -hopping, live music, street festivals, and restaurants similar to the strand in Galveston, Deep Ellum in Dallas. We are glad we took that risk in 2017. I like to think that by being a successful restaurant that serves alcohol and occasional live music prior to Covid, others who are like-minded would follow while we've seen multiple inquiries. Covid brought the majority of those to a halt. However, we are seeing more activity recently. The amount of money the city invested in the streets in town square showed us city involvement in an area that may have otherwise been forgotten. Events that ACE District in the city have planned have proven profitable for the alcohol sales tripling our sales at events like the Caribbean Vibes on the Avenues, Snow day, the Christmas parade, Cinco de Mayo, a dollar taco truck, artsy needs at the art league of Baytown. I think, by removing the exemption, it will hinder businesses trying to open in this area and make the process more difficult to attain a liquor or beer and wine license. They may choose to look elsewhere. Michelle." A motion was made by Council Member Chris Presley, who encouraged and ask that staff and our economic development specialist, do circle up with all of the business owners, the doctors, the attorneys, all of the business owners in that area, and if there is something we can massage later on and maybe there is a new concept out there that we have not thought of that would be helpful then certainly, they would entertain anything like that in the future but he moved to approve and thinks the correction is much needed. The motion was seconded and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,542, related to Item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Robert C. Hoskins and Council Member David Himsel Nays: Council Member Heather Betancourth Approved ORDINANCE NO. 14,542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES," ARTICLE I "IN GENERAL," SECTION 6-2 "SALES NEAR SCHOOLS, CHURCHES, HOSPITALS OR DAY CARE FACILITIES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REPEAL SUBSECTION (B)(3) TO MAKE DISTANCING RESTRICTIONS ON THE SALE OF ALCOHOLIC BEVERAGES APPLICABLE WITHIN THE ACE ZONING DISTRICT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 22, 2020 Page 20 of 34 Council Member Hoskins inquired as to whether a business that is affected by the removal of this exemption, is there a possibility that we can grandfather a variance in right now if they go forward with this. City Clerk Leticia Brysch answered that if there is an existing alcohol license at any location it would continue to serve in that capacity. It is only after the license goes away, expires, or is given up, there is a certain grace period that follows it, then the grandfathering would go away, so if you have a business right now and you have an alcohol license, you would still have that alcohol license. Mayor Capetillo stated that the agenda would be taken out of order in order to consider item 8.a. 8. APPOINTMENTS a. Consider the appointment of two (2) members of the Baytown Police Advisory Committee. Mayor Capetillo presented the item and stated that there were two appointments from two council districts. Council Member Presley appointed Dr. Marissa Moreno for District 2. Council Member Betancourth appointed Mr. Richard Hunsinger for District 4, and mentioned that he wanted to be here and it is kind of a testament to his dedication and his enthusiasm for serving on this committee. Ms. Betancourth stated that Mr. Hunsinger has never served on a committee for the city before and he feels really honored to have been chosen, which is why he was here this evening. She had a lot of good applicants from District 4 and it was a very tough decision for her. She ended up interviewing four people and chose Mr. Hunsinger because not only was he enthusiastic to serve his community but he felt like he could be objective and fair on really tough issues and not only representative of District 4, but for the community as a whole, and so she thanked Mr. Hunsinger for stepping up and being a part of this very important committee. A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member David Himsel to approve the District 2 appointment, Dr. Marissa Moreno, and District 4 appointment, Mr. Richard Hunsinger. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved Mayor Capetillo returned to the regular order of the agenda with item 4.b. b. Consider an ordinance approving Change Order No. 12 between Baytown Area Water Authority and Pepper Lawson Waterworks, LLC., for the BAWA 6 MGD Surface Water Treatment Plant Project. City Council Regular Meeting Minutes October 22, 2020 Page 21 of 34 Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and stated that this is for a Change Order Number 12. This item was considered by the Baytown Area Water Authority yesterday and was approved. This is an equipment change -out item, three small components that makeup $34,050.84. A motion was made by Council Member Robert Hoskins, and seconded by Council Member David Himsel to approve Ordinance No. 14,543, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 12 TO THE BAYTOWN AREA WATER AUTHORITY 6 MGD SURFACE WATER TREATMENT PLANT PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PEPPER LAWSON WATERWORKS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a temporary use development agreement with the San Jacinto Methodist Hospital for use of a property located along West Baker road, east of the old Kroger Shopping Center and legally known as Tract 17E (7.4893 acres), Abstract 840, H. Whiting, Baytown, Harris County, Texas. Assistant Director of Planning and Development Services Nathan Dietrich presented the item and stated that the staff has been diligently working with San Jacinto Methodist Hospital and they have had to use this location, which is across from the hospital, north of West Baker, and using it as an office space, temporary laydown yard, and it is zoned General Commercial. In being a good partner, staff devised this temporary use agreement and included some things that they knew that were problematic over there from a safety standpoint. Part of these conditions of the temporary use agreement is a hawk beacon, which is a pedestrian crossing that is going to be installed over there, which the hospital agreed upon. They did some plantings for consistency in aesthetics over at the particular property. They have also agreed to bring the property back to its natural use or natural state, and they have limited certain types of uses for containers, etcetera, and at this particular time, staff recommends approval on this particular use agreement. A motion was made by Council Member Laura Alvarado, and seconded by Council Member Chris Presley to approve Ordinance No. 14,544, related to Item 4.c. The vote was as follows: City Council Regular Meeting Minutes October 22, 2020 Page 22 of 34 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE TEMPORARY USE DEVELOPMENT AGREEMENT WITH SAN JACINTO METHODIST HOSPITAL FOR PROPERTY ALONG W. BAKER ROAD, EAST OF THE OLD KROGER SHOPPING CENTER AND MORE PARTICULARLY DESCRIBED AS AND LEGALLY KNOWN AS TRACT 17E (7.4893 ACRES), ABSTRACT 840, H. WHITING, BAYTOWN, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2020. Finance Director Victor Brownlees presented the item and provided a brief summary on the City's quarterly financial and investment reports for the quarter ending September 30, 2020. Mayor Capetillo stated that the report had been received. b. Receive an update concerning the pricing of the General Obligation Refunding Bonds, Series 2020, and the pricing of the Combined Tax and Revenue Certificates of Obligation Series 2020. Finance Director Victor Brownlees presented the item and stated that the City sold bonds last week, last Thursday, in fact, the certificate of obligations they were able to sell at an interest rate of 2.2 percent, which is particularly good. They will keep the debt cost going forward. On the refunding of the $16.5 million or so, general obligation bonds, they achieved an interest rate of 1.1 percent, and that saved the city just a shade under $1.7 million on the lifetime of the bonds. It was a very good deal for the City. Mayor Capetillo thanked him and staff for the good work. City Council Regular Meeting Minutes October 22, 2020 Page 23 of 34 6. DISCUSSIONS a. Discuss a proposed residential development west of John Martin Road and south of Wallisville Road. Assistant City Manager Nick Woolery presented the item and stated that a proposal has come forth to the city regarding a residential development west of John Martin Road and south of Wallisville Road. The property is currently located in the city's ETJ and the developers are seeking to be annexed into Lake MUD. Lake MUD has approved this annexation, but consent to the annexation by the city council is also required. Before moving forward with developing the terms of the consent, the utility agreement, development agreement, the staff would like to have the developer present its project and receive comments from Council. It was presented to Council and it was actually left pending by Council at that meeting. The staff recommendation on this item has and continues to be that this development be inside city limits as a PID. Mr. Woolery then introduced Mr. Michael Bacon, with Lake MUD. Mr. Michael P. Bacon, Attorney for Lake Municipal Utility District, stated that he was not actually here to discuss anything about development standards, but is requesting for the city's consent to the annexation application made to the city. Council will still be able to work with the developer as to any standards or requirements that the City has under its ETJ powers with that development. This development, which is on the west side of John Martin, is going to be a single-family residential. The City of Baytown has already annexed the frontage property on the north side of I-10, which is the southernmost part of this tract. They buy all of their water from BAWA. If Lake MUD serves this property it will be no cost to the City of Baytown to get another single-family residential neighborhood on John Martin, as they handle all of the operational costs. This will be extra water revenue for the City with zero costs, so they believe it is a benefit to the City of Baytown. The motivation of Lake MUD is to maintain that consistent single -family residential neighborhood type of development. Mr. Bacon stated that he wanted to present his request to get this on an actual voting agenda and presented a few slides in regards to the annexation timeline. They do have a petition to Lake MUD and Lake MUD has already passed an order annexing the property subject to certain conditions, one of which is the City of Baytown's consent. If they do not receive an answer from the City, then it just goes to the Texas Commission on Environmental Quality ("TCEQ"), however, if the city does not approve this or ties it into other development considerations, it just makes it go longer like seven months instead of one month, as far as the consideration or approval process. Mr. Bacon emphasized that he does not represent any developers, but the only types of districts that he represents are resident boards on water districts. He stated that Kathy Witkowski, the Board President for Lake MUD was present as well as the property owner, Charles Cox. The developer representative, Paul Grohman, was also present to answer any questions Council may have. Mr. Bacon would like to address any concerns or questions now in the hopes of getting on an agenda item to be considered as soon as possible. Mayor Capetillo stated that they were expecting to her something about property and standards and elevation of standards, and although he understands the process for MUDs wanting to build something near Baytown, he asked for legal counsel as to how they should move forward. City Attorney Karen Horner stated that what was posted tonight is to discuss the proposed residential City Council Regular Meeting Minutes October 22, 2020 Page 24 of 34 development because they received a petition to be annexed into a MUD and that is an appropriate conversation for tonight. Mr. Paul Grohman, the developer representative, stated that they had been working with city staff for quite some time but have not come to terms on a development agreement yet. They were thinking the first step was the concern of annexation and therefore, did not bring the presentation for tonight but would be happy to come back and get on the agenda of November 17`'. Mayor Capetillo stated that maybe they want to consider a PID, not MUD, and Mr. Grohman commented that they tried the other routes, and it would not work in those parameters. Mayor Capetillo thanked them for their time and indicated that the City of Baytown has expectation if they want to build just outside the city, as it does impact their citizens and there are county roads that are going to be impacted, which would be city roads in the future so that is a very important aspect that they have to consider when Council approves the consent of this annexation into the MUD. b. Discuss a proposed residential development east of Crosby Cedar Bayou Road and south of Interstate 10 (I-10). Assistant City Manager Nick Woolery presented the item and stated that a proposal has come forth to the City regarding a mixed -use residential and commercial development east of Crosby Cedar Bayou Road and south of Interstate 10. This property is, fortunately, within city limits and the developer is seeking approval for a public improvement district for project financing. Then will be seeking a Planned Unit Development zoning designation for the definition of land uses at the site, which would include commercial townhomes, both attached and detached, and apartments. Mr. Woolery indicated that the developer has submitted a formal PID petition, and before starting the PID process and developing the terms of the development agreement, the staff would like to have the developer present his project to Council tonight and receive comments. The Council has the opportunity to express its thoughts on the project and what specifically they would like to change, to see a change in the development plan to garner support for the project. Mr. Woolery introduced Mr. Corey Ferguson. Mr. Corey Ferguson, representative with Bayten, LTD, stated that they are developing this tract of land south of I-10 and it is called The Crossings at Baytown. He provided a slideshow presentation, which indicated the overall plan of what they are doing and wanted to show who the key players will be, which includes the builders, Meritage Homes, HistoryMaker Homes, and McGrath for the multi -family dwellings. Obvisously, Bayten is the developer and they have consultants, which include Langan, Meta, and KGA Deforest for their landscape architecture. He stated that they are wanting to provide a vision niche community that will basically link everything together between commercial, multi -family, townhomes, and single-family residential use into a cohesive district that allow for community interaction and walkability. Regardless of where you are within the development, you have the ability to walk or bike and have access to all these amenities within the development. He showed a layout of the land tract summary. They have Meritage down here on the southern end with a very large 60-acre lake and tension pond, City Council Regular Meeting Minutes October 22, 2020 Page 25 of 34 single-family homes, as well as detached single-family. The HistoryMaker has some attached townhomes that have got some back alleyways and some really good product there that will be put in roughly about a hundred and eighty-four units together. Then you have McGrath which has roughly three hundred and fifty units of multi -family. All theses players are already doing development in Houston, if not, regionally. The commercial aspect side of things, they plan to create more restaurants, patios, and outdoor spaces and something that is walkable and the ability for, let us say, apartment residents and even the residential residents to walk up there and see something different. It is not going to be just your average stucco retail, but it is going to have a lot more character and boutique-ness to it. They have a recreation center, a playground, and highly landscaped. areas as they wind around. The 16-acre lake will provide plenty of trails, benches, and parks around it. It is going to have fountains in the middle, which will make it a little bit more beautiful. He does not think there is something like this in Baytown as of yet and these are just a couple of other conceptual amenities. Mr. Ferguson provided a plot of the development by Meritage Homes, which consists of 50-foot wide lots, which is quality and efficient construction. He provided models of homes already being built and very successful in west Houston. They have some great designer upgrades. They are also going to be building some small detached townhomes, which allows for less yard maintenance and the ability to be detached like it is your own house. They have obtained several awards from across the nation, not only nationally, but also regionally, and have very high reviews. Mr. Ferguson went on to discuss the plot for HistoryMaker Homes, which the company is based out of Dallas. They are going to be doing some of the three -unit and four -unit models in their townhome park. He provided some pictures of what the inside of the home would look like, which they are currently building in Dallas, and stated that they have the ability to tour online. They are going to be putting in roughly a hundred and eighty-four units down on that ground. They are going to start and really, it is going to go in approximately two phases, but they expect to move in pretty quickly. In regards to McGrath, Mr. Ferguson indicated that they are building three hundred and fifty units on approximately 15 1 /2 acres. He showed examples of what they have built already on the ground in west Houston. They have got, obviously, awesome pool facilities and workout rooms. They have got picnic areas for outdoor activities, fire pits, they have got all of the amenities that you would want in an up-to-date multi -family facility. Bayten, from the commercial side of things, they are creating a retail center, and showed a very early view of it, but the idea is to create a center that provides all the amenities that the community wants, and that would mean outside restaurants, patios, beauty spas, or other businesses that would go in there. Basically, this is a hundred -plus acreage, a new development that they want to bring to the western side of Baytown, which connects over to the eastern side. Basically, people want to have amenitized lifestyles of trails, parks, pools, restaurants, and City Council Regular Meeting Minutes October 22, 2020 Page 26 of 34 whatever dwelling unit they may choose from a single-family to multi -family in a range of competitive pricing. The Mayor and other Council Members expressed their approval of the development. Mr. Ryan Day, who connected via teleconferencing, stated that he woks for Meritage Homes and he wanted to provide just a quick overview of Meritage, who they are, and what they think they can bring to the table, and these are very well -coordinated development efforts led by Corey in Bayten. Meritage is currently the seventh largest home builder and operate in twenty-one different markets across the nation and are headquartered out of Scottsdale, Arizona. He proceeded to provide comparisons in regards to their home sales revenues versus other companies, and their average sale is over $400,000, as they are a little bit more of an upscale builder, and put a lot of thins into their homes that a lot of other folks do not. They have closed on land within Chambers County MUD District 3, so they are excited to potentially have one project in the ETJ and one project in the city. He proceeded to go over their overall development plan and provided pictures of existing communities and what their development would potentially look like, which consists of detached townhomes on 30-foot to 50-foot single-family lots, as well as the landscaping. They are seeking a PID for this property in addition to MUD that would set forth development standards. He is happy to answer questions about your multi -family developments in Baytown and this one, they are super excited. They will bring in class A plus and the amenities, so if you have any questions about those, let me know. He is happy to leave it at that. Mayor Capetillo thanked Mr. Day for his informative presentation and for considering Baytown for this type of development. Assistant City Manager Nick Woolery indicated that he heard a lot of support for this development, which gives them the feedback to go and start working with the developer on all the logistics on starting the PID process. Economic Development Manager Bret Gardella stated the timeline process and indicated that they anticipate, hopefully, bringing this back by one of the February council meetings for them to consider approval of the PID. 7. CONSENT A motion was made by Council Member Heather Betancourth, and seconded by Council Member Laura Alvarado to approve Consent Agenda Items Ta. through 7.t. as submitted, excluding Items 7.d. and Te. as they are to be considered separately. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved City Council Regular Meeting Minutes October 22, 2020 Page 27 of 34 a. Consider an ordinance authorizing the Second Amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc., to assist the Public Works & Engineering Department with plan reviews and miscellaneous engineering services. ORDINANCE NO. 14,545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO ASSIST PUBLIC WORKS & ENGINEERING (PWE) DEPARTMENTS IN PLAN REVIEWS AND MISCELLANEOUS ENGINEERING SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the fifth renewal of the Annual Concrete Work Contract with Teamwork Construction Services, Inc. ORDINANCE NO. 141546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT WITH TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance awarding the Annual Thermo Pavement Markings Contract to Highway 1, LLC. ORDINANCE NO. 141547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HIGHWAY 1, LLC, FOR THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 22, 2020 Page 28 of 34 d . Consider an ordinance authorizing the first renewal of the Towing and Storage Services Contract with Baytown Wrecker Service, Inc. A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member David Himsel to approve Ordinance No. 14,558, related to Item 7.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 14,558 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE TOWING AND STORAGE SERVICES CONTRACT AND ADDENDUM WITH BAYTOWN WRECKER SERVICES, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the first renewal of the Heavy -Duty Towing and Storage Services contract with Dan Wheeler Wrecker Services, Inc. A motion was made by Council Member David Himsel, and seconded by Mayor Pro Tem Charles Johnson to approve Ordinance No. 14,559, related to Item Te. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved ORDINANCE NO. 141559 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE HEAVY-DUTY TOWING AND STORAGE SERVICES CONTRACT AND ADDENDUM WITH DAN WHEELER WRECKER SERVICE, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 22, 2020 Page 29 of 34 f. Consider an ordinance authorizing an Industrial District Agreement with Covestro, LLC. ORDINANCE NO. 145548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH COVESTRO, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the first renewal of the Annual Portable Toilet Rental and Service with Sprint Waste Services, LP. ORDINANCE NO. 141)549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL PORTABLE TOILET RENTAL AND SERVICE CONTRACT WITH SPRINT WASTE SERVICES, LP; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY-NINE THOUSAND SIX HUNDRED SIXTY AND 40/100 DOLLARS ($79,660.40); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the sole source purchase of Axiall Accu-Tab Hypochlorite Solution Tablets from Progressive Commercial Aquatics, Inc., for water park maintenance. ORDINANCE NO. 14,550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR THE SOLE -SOURCE PURCHASE OF AXIALL ACCU-TAB HYPOCHLORITE SOLUTION TABLETS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the purchase of playground equipment for the year 2021 from Total Recreation Products, Inc., representing GameTime Play Equipment through the Texas Local Government Purchasing Cooperative (BuyBoard). City Council Regular Meeting Minutes October 22, 2020 Page 30 of 34 ORDINANCE NO. 145551 AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING TIIE PAYMENT OF ONE HUNDRED FOUR THOUSAND SIX HUNDRED SIXTY-THREE AND 07/100 DOLLARS ($104,663.07) TO TOTAL RECREATION PRODUCTS, INC., REPRESENTING GAMETIME PLAY EQUIPMENT, FOR TIIE PURCHASE OF PLAYGROUND EQUIPMENT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR TI IE EFFECTIVE DATE THEREOF. j. Consider an ordinance for the purchase and installation of two Basketball Court Pavilions at Unidad and Lincoln Cedars Parks to Kraftsman, L.P., through the Texas Local Government Purchasing Cooperative (Buy Board). ORDINANCE NO. 14,552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY- FIVE THOUSAND SIX HUNDRED FIFTY AND NO/100 DOLLARS ($175,650.00) TO KRAFTSMAN, L.P., FOR THE PURCHASE AND INSTALLATION OF BASKETBALL COURT PAVILIONS AT UNIDAD PARK AND LINCOLN CEDARS PARK THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the City Manager to negotiate contracts with TSE Entertainment LLC, or musical and emcee performances for the City of Baytown's July 3rd and 4th Celebrations, Grito Fest, Juneteenth and other events in 2021. ORDINANCE NO. 14,553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH TSE ENTERTAINMENT, LLC, FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF BAYTOWN'S JULY 3RD AND 4TH CELEBRATIONS, GRITO FEST, JUNETEENTH, AND OTHER EVENTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 22, 2020 Page 31 of 34 1. Consider an ordinance authorizing the annual renewal of CentralSquare software. ORDINANCE NO. 141554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE HUNDRED THREE THOUSAND SEVENTY-TWO AND 81/100 DOLLARS ($103,072.81) TO CENTRAL SQUARE, F/K/A SUPERION, F/K/A SUNGARD PUBLIC SECTOR INC., FOR THE RENEWAL OF THE SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Consider an ordinance awarding the Annual Large Meter Testing and Repair of Neptune Water Meters Contract to Southern Flowmeter, Inc. ORDINANCE NO. 149555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SOUTHERN FLOWMETER, INC., FOR THE ANNUAL LARGE METER TESTING AND REPAIR OF NEPTUNE WATER METERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY-EIGHT THOUSAND ONE HUNDRED FIVE AND NO/100 DOLLARS ($98,105.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance awarding the installation of a new equipment to mount the Automatic License Plate Recognition (ALPR) system for Houston HIDTA to Selex-ES Inc., utilizing a Texas Department of Information Resources contract. ORDINANCE NO. 141,556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TIDE SUM OF EIGHTY- SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($87,500.00) TO SELEX-ES, INC., FOR THE SOLE -SOURCE PURCHASE OF NEW EQUIPMENT FOR TIIE ALPR SYSTEM, INCLUDING A CLOSED CAPTION TELEVISION ("CCTV") CABINET, CCTV CAMERAS, AND FIVE (5) TYPE D GROUND BOXES, THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES FOR HOUSTON HIDTA; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 22, 2020 Page 32 of 34 o. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage. ORDINANCE NO. 14,557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2021; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY-NINE AND NO/100 DOLLARS ($118,759.00) FOR THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider a resolution authorizing the City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant - Mitigation (CDBG-MIT) funding for considerable drainage improvements along West Texas Avenue. ORESOLUTION NO.2680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG- MIT) PROGRAM; AUTHORIZING A CASH MATCH; 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. q. Consider a resolution authorizing the City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant - Mitigation (CDBG-MIT) funding for considerable drainage improvements along North Alexander Drive. RESOLUTION NO.2681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG- MIT) PROGRAM; AUTHORIZING A CASH MATCH; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT City Council Regular Meeting Minutes October 22, 2020 Page 33 of 34 MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider a resolution authorizing the City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant - Mitigation (CDBG-MIT) funding for drainage improvements to the Danubina Street Storm Sewer System. RESOLUTION NO. 2682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG- MIT) PROGRAM; AUTHORIZING A CASH MATCH; 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. S. Consider a resolution authorizing the City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant - Mitigation (CDBG-MIT) funding for major facility improvements at the East District Wastewater Treatment Plant due to damages from Hurricane Harvey. RESOLUTION NO.2683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG- MIT) PROGRAM; AUTHORIZING A CASH MATCH; 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. t. Consider a resolution authorizing the City Manager to submit a grant application to the Texas Department of Transportation for Highway Safety Improvement Program funding for safety enhancements on Ward Road. RESOLUTION NO. 2684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE TEXAS City Council Regular Meeting Minutes October 22, 2020 Page 34 of 34 DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM FUNDING FOR SAFETY ENHANCEMENTS ON WARD ROAD IN AN AMOUNT NOT TO EXCEED THIRTY-SEVEN THOUSAND ONE HUNDRED NINETY-FOUR AND 80/100 DOLLARS ($37,194.80); AUTHORIZING A 1016 CASH MATCH; DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT City Manager Rick Davis stated that he wished to defer his time to Sabrina Martin, the Community Engagement Coordinator, and he will talk to them next time. Ms. Martin stated that the Neighborhood Empowerment Grant Program opened this week, and their letter of intent is due November 20`h and their application is due by December 30'h. The letter of intent is just there so that they know organizations or neighborhoods that want to apply, they can work with them a little more closely over the next couple of weeks. They have a couple of different categories they can use for the application like beautification, neighborhood safety, or connecting neighbors. She is here to help in any way so if Council have residents that have questions or would like to meet, she is available. I am really going to keep it brief unless you need anything from me, that's about it. Assistant City Manager Mr. Woolery asked that Council send citizens to baytownengage.com, Sabrina's contact information is on there and they can learn more about neighborhood associations and all sorts of other stuff. Baytownegage.com was created by Sabrina and she did an amazing job. 10. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the October 22, 2020, City Council Regular Meeting at 10:09 P.M. L icia Brysch, City C16 City of Baytown _