2021 06 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
June 10, 2021
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June
10, 2021, 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
Heather Betancourth
Jacob Powell
Mike Lester
Brandon Capetillo
Rick Davis
Karen Horner
Angela Jackson
Mike Holden
Council Member
Council Member
Mayor Pro Tern
Council Member
Council Member (Teleconference)
Mayor
City Manager
City Attorney
Acting City Clerk
Interim Sergeant at Anns
Mayor Capetillo convened the June 10, 2021, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present, with the exception of Council Member Charles
Johnson who was absent.
The Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Chris
Presley.
1. MINUTES
a. Consider approving the minutes of the City Council Joint Special Meeting with the
Parks and Recreation Advisory Board and the Planning and Zoning Commission held on
May 20, 2021.
A motion was made by Council Member Powell and seconded by Council Member Presley to
approve the meeting minutes of the City Council Joint Special Meeting with the Parks and
Recreation Advisory Board and the Planning and Zoning Commission held on May 20, 2021, as
submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Heather Betancourth, Council
Member Jacob Powell, Council Member Mike Lester
Nays: None
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Page 2 of 14
Other: Council Member Charles Johnson (Absent)
Approved
Mayor Capetillo then took a point of privilege and stated that the agenda would be taken out of
order to consider item 6.a., concerning the Baytown Animal Control Committee appointments.
6. APPOINTMENTS
b. Consider the appointment of seven (7) members to the Baytown Animal Control
Advisory Committee.
Mayor Capetillo introduced the item by stating he had appointed Council Member Alvarado to
chair the Ad Hoc Committee, which also consisted of Mayor Pro Tern Betancourth and Council
Member Johnson. The Ad Hoc Committee was tasked with reviewing the submitted applications
for appointments to the Baytown Animal Control Advisory Committee and then make
recommendations to Council for their consideration. He thanked Council Member Alvarado for
her leadership as well as the other council members for their time and effort to accomplish this
tedious task, that took the Committee a few months to really understand where they are trying to
go with this advisory board. Mayor Capetillo then asked for Council Member Alvarado to
present their recommendations.
Council Member Alvarado noted that as the Mayor mentioned, they really wanted to strive for a
citizen -driven committee, and to rernind everyone that each of the members, of this committee
do serve at the pleasure of Council. She thanked Mayor Pro Tern Betancourth and Council
Member Johnson for being a part of this Ad Hoc Committee and providing their insights. At this
time, they would like to present to Council the following recommendations:
• Licensed Veterinarian — Mr. Francisco Alvarez;
• Representative from an Animal Welfare Organization — Mr. Jay Garrett;
• Interested Citizen — Ms. Jamie Denton;
• Interested Citizen — Ms. Ellen Hollaway; and
• Interested Citizen — Mr. Richard Park (Serve on holdover status).
Council Member Alvarado stated that they decided to have Mr. Richard Park serve as holdover
status until they have further time to review additional applicants and maybe by the next council
meeting they may present a recommendation for the third Interested Citizen position.
A motion was made by Council Member Alvarado and seconded by Mayor Pro Tern Betancourth
to approve the appointments, as noted above, to the Baytown Animal Control Advisory
Committee. At this time, Mayor Capetillo asked for the citizen that signed up to speak for this
item, Ms. Magan Gonzales, to provide her comments before the vote was taken.
(Via Zoom) Ms. Magan Gonzales, who resides on New Jersey Street in Baytown, stated that she
is a longtime resident of Baytown and an active animal advocate. She wished to address some
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June 10, 2021
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concerns she had regarding the nomination today with the Animal Welfare Organization
Representative to the Animal Control Advisory Committee that the Council is asked to vote on.
She stated that she believes Baytown needs a productive committee, that is not self-serving and
divisive, but is collaborative and empathetic to the needs of our community, as well as inclusive
and approachable, and centered around community engagement. She noted that they need
someone that is familiar with the state of animal welfare in our area and on that can work
effectively with Baytown staff, as well as connect with other shelters and rescues working in the
area. With that said, Ms. Gonzales, stated that she wanted to tell Council a little bit about herself,
since she was not contacted for an interview after entering her application, she then proceeded to
provide an overview of her active role in the community regarding animal welfare.
Ms. Gonzales noted that she is concerned Council is being presented with only one choice for the
rescue representative to the advisory committee and she knows of at least one other well
qualified candidate who applied, which was her. She applied on time and would like to ask a few
questions: 1) How did you arrive to a single nominee without any interviews, and 2) Do we
really have the best candidate selected? She respectfully requested that the City Council delay on
voting on a candidate today for the Animal Welfare Organization Representative until more
interviews and conversations with applicants can be fonned.
Mayor Capetillo thanked Ms. Gonzales for her comments and appreciated her input. In response
to her questions, Mayor Capetillo explained, there is only one position that is available for any
animal advocacy role and it is his understanding that it will be a rotating type position. Council
Member Alvarado noted they did interview another applicant for this position and Mr. Garrett
was not the only one interviewed. Mayor Capetillo addressed Ms. Gonzales and stated that
although she was not selected at this time, there would be a future opportunity for her to serve on
the committee and encouraged her to reapply.
Mayor Capetillo opened the floor for questions and discussion by Council.
Council Member Presley asked why Ms. Gonzales was not contacted for at least a courtesy
interview, or at least given an opportunity as they try to get lots of individuals involved, since
she sounded like a strong candidate with a strong resume. Council Member Alvarado stated that
the Ad Hoc Committee went through all of the different applicants and actually talked several
times before they started interviewing, and unfortunately only two people made the short list.
She noted that Ms. Gonzales' application would stay on file and if after the one-year term, they
decide they want to replace the current representative, they will do so at that time.
City Attorney Karen Horner clarified that the Representative for the Animal Welfare
Organization would actually serve a two-year term, and the terns actually start October 1 st and
expire on September 301h, of either 2021 or 2022, as they are staggered two-year terns. The
members appointed are not serving a full term, just the tenure of the tenn to which they are being
appointed.
Mayor Pro Tern Betancourth echoed Council Member Alvarado's statement about the process
they took as an Ad Hoc Committee. She stated that there were a lot of applications, that were
very competitive, for the various positions on the Animal Advisory Committee. There were lots
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June 10, 2021
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of strong passionate people who wanted to be a part of it and they, as an Ad Hoc Committee, did
not think interviewing every single person that applied was the best way to go about it.
Therefore, they came together as a group and shortlisted the long list of applicants and then
interviewed the short list, and then chose the candidates from there.
Council Member Presley asked how many applicants were there for this animal advocacy
position and Council Member Alvarado answered that they received four, but actually there were
five since they found that one of the interested citizen applicants qualified for this position.
(Via Zoom) Council Member Lester provided his input and stated that he was a little
disheartened that only a couple of those four were spoken to, well actually only there were only
three qualifiable candidates. In retrospect as to the decisions Council made prior to him being a
part of Council, the consensus was that Council wanted to expand the committee, to which he
agreed, since he loved the fact that they wee adding a couple more citizens to the committee to
add diversity. However, one of the comments that was made by Council at the time, was that
they wanted to bring some diversity from the humane groups because humane groups are not just
a single entity, as they all have different perspectives and different philosophies. Although he
was one of the staff members that recommended Mr. Garrett to be on the committee many years
ago, Mr. Garrett does have a somewhat singular focus, which is mainly on cats. Council
Member Lester further noted that he was hoping that with the new animal shelter facility, the
expansions, that more humane groups would apply to be on the Committee, as it will take some
new ideas to get it going. He did not believe this is what they were going to try to do with this
board, especially with the new facility coming on, new programs, new manager out there, new
start, new board is really where he was hoping they would go and even though they are adding
two new citizens, the board itself is basically staying pretty stagnant.
Council Member Presley indicated that he felt every single position on the advisory committee
should be filled with a new face, which will bring about new ideas, new perspectives, and getting
new people involved, and he will be voting accordingly.
Council Member Powell noted that he was on Council when they made the decision to kind of
revamp this advisory committee. He did however go back and researched the conversations that
took place by listening to the recordings of previous meetings to educate himself. He found that
there were multiple people that had stated they wanted to see some kind of a rotation. He
believes that by adding two interested citizen positions, it was a way to increase participation and
change who was participating. He agrees with there being some more rotation, if the goal was to
revamp the committee.
Mayor Capetillo pointed out that they are
veterinarian to the committee. The only
member. Council Member Presley noted
committee.
appointing three new interested citizens and a new
thing remaining the same is the animal advocacy
that it is one of the most crucial positions to the
Council Member Alvarado expressed her view of what the Ad Hoc Committee was tasked with
when they were appointed, which was to fill the two new Interested Citizen positions, and look at
the committee as a whole to see how they wanted it to move forward. Ultimately, they felt they
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wanted continuity, which is why they decided to stay with Mr. Garrett. Secondly, they wanted
this committee to be able to act as a counterbalance with the existing member, Mr. Garrett. They
were there to see who was going to fill this role and how the new interested citizen were going to
be able to interact and balance with the Animal Welfare Organization.
As one of the original Council Members who brought up the idea of potentially expanding the
number of citizens who sat on this committee, Mayor Pro Tern Betancourth explained that the
reason behind that was because there was a lot of dysfunction and complaints that came both
from staff and the citizens that sat on the committee. They were not functioning in a healthy and
productive environment since their view on how Animal Control in the City should progress
were so starkly different. Her personal reason for wanting to see Mr. Garrett continue on, of
course, at the pleasure of Council, is because she did not feel that he was in a healthy and
productive environment to be an effective member of that committee. She believes that with this
new structure, he is going to have the opportunity to either prove himself or not, and she is
willing to give him that shot and see him in a committee that is not controlled by staff, but by the
citizens. Whether he is an effective member or not, she wants them to give him that opportunity.
Council Member Presley recommended that there be a full house of Council, before they take a
vote on this item, since Council Member Johnson, who was part of the Ad Hoc Committee, was
not present. He respectfully asked that they suspend the item until the next Council meeting, or
when they have a full house for when they vote on it.
A motion was made by Council Member Presley and seconded by Council Member Lester to
suspend this agenda item for 60 days to a future meeting, but there was further discussion before
the vote.
Council Member Alvarado noted that the issue seems to be the appointment of the Animal
Welfare Representative, therefore, she would like for them to proceed in approving the
appointments of the two new Interested Citizen positions, along with the new Licensed
Veterinarian. They want to make sure that the committee is able to proceed and meet, if
necessary, as there is a requirement that they have to hold a minimum of four meetings every
year and they are already halfway through the year, and have not met once.
Mayor Capetillo agreed that they should proceed with the other recommended appointments to
the advisory committee and that they will make sure there is a full house when they consider the
Animal Welfare Organization Representative and the third Interested Citizen position. Therefore,
he stated that he would like for he same Ad Hoc Committee to continue to serve until all
members of the advisory committee have been established, and it can be dissolved at that time.
A motion was made by Council Member Presley and seconded by Council Member Lester, to
amend the first and main motion to withdraw the recommended appointment of the Animal
Welfare Organization Representative, and to approve the remaining candidates or nominees to
the other three positions; the two Interested Citizen positions and the Licensed Veterinarian
position.
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The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Council
Member Jacob Powell, Council Member Mike Lester
Nays: Council Member Laura Alvarado and Mayor Pro Tem Heather
Betancourth
Other: Council Member Charles Johnson (Absent)
Approved
Mayor Capetillo then noted they needed to vote on the first and main motion. City Attorney
Karen Horner noted they could withdraw the first and main motion.
A motion was made by Council Member Alvarado to withdraw her first and main motion. The
motion failed for the lack of a second.
A motion was made by Council Member Presley to suspend the item to appoint an Animal
Welfare Organization Representative and the third Interested Citizen position for sixty (60) days
to a future meeting, which was seconded by Council Member Powell, but there was further
discussion before the vote.
Council Member Alvarado commented that she understands the Ad Hoc Committee did a lot of
work and respects the Council. Although Council Member Johnson is not here, she stated he did
express the salve views as Mayor Pro Tern Betancourth, and it was not an easy decision.
However, she respects the majority of our Council's thoughts and their need to wait on this.
Nonetheless, she asked that they also trust the Ad Hoc Committee's process as they do the
selections and bring forth their recommendations.
The vote for the motion to suspend the item for sixty (60) days was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Jacob Powell, Council Member
Mike Lester
Nays: Mayor Pro Tern Heather Betancourth
Other: Council Member Charles Johnson (Absent)
Approved
Mayor Capetillo moved forward to the drawing of the lots to indicate which individual, of the
two appointed to the Interested Citizens, would serve the one-year term, and Council Member
Alvarado drew Ms. Jamie Denton's name to serve the one-year term. Ms. Ellen Hollaway will
serve the two-year term.
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Mayor Capetillo returned to the regular order of the agenda with item 2.a.
2. PROPOSED REZONING OF APPROXIMATELY 69.50 ACRES OF LAND AT
WALLISVILLE AND NORTH MAIN STREET
a. Conduct a public hearing concerning a request to amend the City of Baytown's
official zoning map to rezone approximately 69.50 acres, located approximately 2,000 feet
north of Wallisville Road and east of North Main Street, from an Open Space/Recreation
(OR) Zoning District to a Mixed Residential at Low to Medium Densities (SF2) Zoning
District.
At 7:11 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request to
amend the City of Baytown's official zoning map to rezone approximately 69.50 acres, located
approximately 2,000 feet north of Wallisville Road and east of North Main Street, from an Open
Space/Recreation (OR) Zoning District to a Mixed Residential at Low to Medium Densities
(SF2) Zoning District.
Director of Planning and Development Services Martin Scribner summarized the subject of the
public hearing regarding agenda item 3.a. and stated that CastleRock is requesting to rezone a
property at North Main Street, just north of Wallisville, which is almost 70 acres, and consists of
266 residential units. He noted that the rezoning went through the Planning and Zoning
Commission last month, and their recommendation was for approval.
With there being no one registered to speak regarding agenda item 2.a., Mayor Capetillo closed
the public hearing at 7:12 P.M.
3. PROPOSED REZONING OF APPROXIMATELY 13.43 ACRES OF LAND AT
7447 EASPTOINT BOULEVARD
a. Conduct a public hearing concerning a request to amend the official zoning map for
the City of Baytown to rezone approximately 13.43 acres, located at 7447 Eastpoint
Boulevard from a General Commercial (GC) Zoning District to a Mid -rise Density Mixed
Residential Dwellings (MF2) Zoning District.
At 7:12 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request
to amend the official zoning map for the City of Baytown to rezone approximately 13.43 acres,
located at 7447 Eastpoint Boulevard from a General Commercial (GC) Zoning District to a Mid -
rise Density Mixed Residential Dwellings (MF2) Zoning District.
Director of Planning and Development Services Martin Scribner summarized the subject of the
public hearing regarding agenda item 3.a., by providing a bit of history to indicate why the
request to amend the zoning map came about. He noted this rezoning is consistent with the intent
of the development agreement, which is already treating the property like it is an MF2 zoning
district. The staff and Planning and Zoning Commission are supportive of the rezoning, and they
do believe it is consistent with the City's Comprehensive Plan. The existing multi -family
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June 10, 2021
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dwelling units are permanent, so rezoning the property to M172 would align the existing use with
the City's zoning map and clean everything up for the current owner or any subsequent owners.
With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed
the public hearing at 7:14 P.M.
b. Consider an ordinance to amend the City of Baytown's official zoning map to rezone
approximately 13.43 acres, located at 7447 Eastpoint Boulevard from a General
Commercial (GC) Zoning District to a Mid -rise Density Mixed Residential Dwellings
(MF2) Zoning District.
A motion was made by Council Member Alvarado and seconded by Council Member Presley to
approve Ordinance No. 14,740, related to Item 3.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Heather Betancourth, Council
Member Jacob Powell, Council Member Mike Lester
Nays: None
Other: Council Member Charles Johnson (Absent)
Approved
ORDINANCE NO. 14,740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 13.43 ACRES, LOCATED AT
7447 EASTPOINT BOULEVARD FROM A GENERAL COMMERCIAL (GC)
ZONING DISTRICT TO A MID -RISE DENSITY MIXED RESIDENTIAL
DWELLINGS (MF2) ZONING DISTRICT; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
4. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2
Assistant City Manager Nick Woolery summarized agenda items 4.a. through 4.d. concurrently
as all items dealt with the same subject matter, Chambers County Improvement District Number
2, and all stem from a request to annex land into their district.
He noted that as it relates to item 4.b., it the amendment to their declarations of covenants,
conditions, restrictions and easements, which really kind of governs what can happen on the
property. The City wants to make sure that the land that is annexed into the district has all the
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June 10, 2021
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same restrictions as it relates to Chambers County Improvement District Number 3, and all of the
other improvement districts along the Grand Parkway. He further noted that one of the
amendments consists of a requirement to add a monument sign at the corner of Grand Parkway
and FM 565, which would be designed jointly between the district and the City to snake sure that
it has a good aesthetic would include Baytown in the name.
Mr. Woolery stated that item 4.c., is a second amendment to the District's water supply and
waste disposal agreement, and although they are annexing land into the district, the City is not
granting any extra capacity. In fact, they are tweaking the language in terms of how the capacity
is calculated to make sure there is not excess capacity with the District. Finally, he stated that
item 4.d., is just a one-year extension of the District's Emergency Protection Services Agreement
under the same terms that they currently have. Mr. Woolery noted that staff recommends taking
all four items together and is happy to answer any questions Council may have.
A motion was made by Council Member Alvarado and seconded by Council Member Presley to
approve all items as it relates to Item 4.a. through Item 4.d. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tem Heather Betancourth, Council
Member Jacob Powell, Council Member Mike Lester
Nays: None
Other: Council Member Charles Johnson (Absent)
Approved
a. Consider a resolution granting consent to the inclusion of 485 acres in the Chambers
County School Land Survey, Abstract No. 321 and the Benjamin Winfree Survey, Abstract
No. 28, Chambers County, Texas, into Chambers County Improvement District No. 2.
RESOLUTION NO. 2731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 485 ACRES IN
THE CHAMBERS COUNTY SCHOOL LAND SURVEY, ABSTRACT NO.
321 AND THE BENJAMIN WINFREE SURVEY, ABSTRACT NO. 281)
CHAMBERS COUNTY, TEXAS, INTO CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 2; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance approving the First Amendment to the Declarations of
Covenants, Conditions, Restrictions and Easements for the following properties which are
to be annexed into Chambers County Improvement District No. 2: (i) 347.06 acres situated
in the Benjamin Winfree Survey, Abstract No. 28, Chambers County, Texas, and owned by
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June 10, 2021
Page 10 of 14
Ameriport LLC, (ii) 127.16 acres situated in the Chambers County School Land Survey,
Abstract No. 321, Chambers County, Texas, and owned by NPH Market Street, LLC, (iii)
16.382 acres situated in the Benjamin Winfree Survey, Abstract No. 28, Chambers County,
Texas, and owned by APBP Building 1, LLC.
ORDINANCE NO. 14,741
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FIRST AMENDMENT TO THE
DECLARATIONS OF COVENANTS, CONDITIONS, RESTRICTIONS, AND
EASEMENTS FOR PROPERTY SITUATED WITHIN CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 2, CHAMBERS COUNTY, TEXAS,
OWNED BY AMERIPORT, LLC, NPH MARKET STREET, LLC, AND APBP
BUILDING 1, LLC; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
C. Consider an ordinance authorizing the Second Amendment to the Water Supply
and Waste Disposal Agreement with Chambers County Improvement District No. 2 (the
"District") to provide for annual adjustments of water capacity reserved for the District
based upon actual usage.
ORDINANCE NO. 14,742
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE WATER
SUPPLY AND WASTE DISPOSAL AGREEMENT WITH CHAMBERS
COUNTY IMPROVEMENT DISTRICT NO. 2; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the Extension of the Agreement for Emergency
Protection Services with Chambers County Improvement District No. 2 for a term expiring
June 30, 2022.
ORDINANCE NO. 141743
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF
THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. CONSENT
A motion was made by Council Member Presley and seconded by Council Member Alvarado to
approve Consent Agenda Items 5.a. through 5.e., as submitted. The vote was as follows:
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Page 11 of 14
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Heather Betancourth, Council
Member Jacob Powell, Council Member Mike Lester
Nays: None
Other: Council Member Charles Johnson (Absent)
Approved
a. Consider an ordinance authorizing Amendment No. 14 to the Interlocal Agreement
with Harris County for Circulator Bus Service in the City of Baytown.
ORDINANCE NO. 141744
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AMENDMENT NO. 14 TO THE INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE
IN THE CITY OF BAYTOWN; AUTHORIZING PAYMENT TO HARRIS
COUNTY 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.
b. Consider an ordinance authorizing the acceptance, closeout, final payment and
release of retainage for the North Main Street Pavement Restoration Project, to Interstate
Improvement, Inc.
ORDINANCE NO. 141745
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE NORTH MAIN STREET PAVEMENT
RESTORATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF TWENTY-SIX THOUSAND THREE AND 05/100 DOLLARS
($265003.05) TO INTERSTATE IMPROVEMENT, INC., FOR SAID PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the closeout, acceptance, and release of retainage
for the 2018 Annual Sanitary Sewer Rehabilitation Project Year 2 with Texas Pride
Utilities LLC.
ORDINANCE NO. 141746
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2018 ANNUAL SEWER REHABILITATION
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PROJECT YEAR 2; AUTHORIZING FINAL PAYMENT OF THE SUM OF
FORTY-SIX THOUSAND SEVEN HUNDRED SEVENTY-NINE AND 45/100
DOLLARS ($46,779.45) TO TEXAS PRIDE UTILITIES LLC, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the First Amendment to the Consulting Services
Agreement with Alpha Testing for construction material testing for the Animal Services
and Adoption Shelter Project.
ORDINANCE NO. 145747
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE CONSULTING
SERVICES AGREEMENT WITH ALPHA TESTING, INC., FOR
CONSTRUCTION MATERIAL TESTING FOR THE ANIMAL SERVICES
AND ADOPTION SHELTER PROJECT; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWENTY-NINE
THOUSAND THREE HUNDRED EIGHTY-ONE AND NO/100 DOLLARS
($29,381.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider a resolution approving the issuance of $3,120,000 Unlimited Tax Road
Bonds, Series 2021 by Harris County Municipal Utility District No. 473 as meeting the
requirements of Section 98-703(17) of the Code of Ordinances, Baytown, Texas, for road
facilities as authorized by Resolution No. 2508.
RESOLUTION NO. 2732
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 473'S ISSUANCE OF THREE MILLION ONE HUNDRED TWENTY
THOUSAND AND NO/100 DOLLARS ($3,120,000.00) UNLIMITED TAX
ROAD BONDS, SERIES 2021, AS MEETING THE REQUIREMENTS OF
SECTION 98-703(17) OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, FOR ROAD FACILITIES AS AUTHORIZED PURSUANT TO
RESOLUTION NO. 2508 PASSED BY THE CITY COUNCIL ON JANUARY
11, 2018; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. APPOINTMENTS
a. Consider three (3) appointments to the Baytown Industrial Appraisal Review
Board.
Acting City Clerk Angela Jackson presented the item and stated that this was a three -member
board and their terms are set to expire on June 30, 2021. The members include Mr. Ronn
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June 10, 2021
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Haddox, Mr. Richard Theiss, and Ms. Donna Winfrey, and all members are requesting
reappointment at this time. If appointed, their one-year terms would expire on June 30, 2022.
Mayor Pro Tem Betancourth inquired as to whether the current members had to reapply in order
to be considered for a reappointment, and Ms. Jackson answered no. Council Member Presley
then asked how many times roughly has this Board me in the last one or two years, and Mayor
Capetillo answered that they meet once per year.
City Attorney Karen Horner noted that Council's rules of procedure provide that in an effort to
ensure maximum citizen participation, City Council should consider the practice of nominating
new citizens to replace board members who have served three consecutive full teens on the same
board. Mayor Capetillo requested that the City Clerk please notify Council if a member has
exceeded their three consecutive teens on all future appointment agenda items.
A motion was made by Council Member Alvarado and seconded by Council Member Presley to
reappoint Mr. Ronn Haddox, Mr. Richard Theiss, and Ms. Donna Winfrey to the Industrial
Appraisal Review Board to serve another one-year tenn. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tem Heather Betancourth, Council
Member Jacob Powell, Council Member Mike Lester
Nays: None
Other: Council Member Charles Johnson (Absent)
Approved
7. MANAGER'S REPORT
City Manager Rick Davis ceded some time to the Director of Parks and Recreation Scott Johnson
to present items Ta.
a. Baytown's Juneteenth Weekend Celebration will be held on Friday, June 18th at
Town Square, and continue on Saturday, June 19th at Bicentennial Park.
Mr. Johnson presented the Council with a couple of short videos to highlight the activities and
celebrations related to Baytown's Juneteenth Weekend Celebration on Friday, June 18t"
beginning at 6:30 P.M., at Town Square, to continue on Saturday, June 19`' beginning at 5:00
P.M., at Bicentennial Park.
City Manager Rick Davis then presented kudos to four officers for achieving certifications
related to their job description: Officer Anthony Tubbs, Officer Eric Walsh, Officer Shane
Weitzel, and Officer Harold Jackson.
City Council Regular Meeting Minutes
June 10, 2021
Page 14 of 14
Council Member Alvarado addressed the upcoming Sunday Funday Pop up Park event on June
12"' at Bergeron Park, which was rescheduled from June 6t' due to the rain event.
8. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Sections 551.071 and
551.087 of the Texas Government Code to deliberate the offer of a financial or other
incentive to San Jacinto Retail Associates, LLC, and to seek the advice of the City's
attorneys on legal matters related thereto.
b. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.071 to seek the advice of the City's attorneys regarding an encumbrance of a
leasehold interest on Bayland Island.
At 7:26 P.M., Mayor Capetillo recessed into and convened two executive sessions:
1) pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the
offer of a financial or other incentive to a business prospect San Jacinto Retail Associates, LLC,
and to seek the advice of the City's attorneys on legal matters related thereto, and
2) pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's
attorneys regarding an encumbrance of a leasehold interest on Bayland Island.
At 8:11 P.M. Mayor Capetillo reconvened the regular meeting and announced that in accordance
with Section 551.102 of the Texas Government Code, no action was taken in the executive
sessions.
9. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the June 10,
2021, City Council Regular Meeting at 7:26 P.M.
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Angela Jackson, Acting City Cle �� •,
City of Baytown °
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