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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 City Council Regular Meeting Minutes June 10, 2021 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 City Council Regular Meeting Minutes June 10, 2021 Page 3 of 14 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 City Council Regular Meeting Minutes June 10, 2021 Page 4 of 14 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 City Council Regular Meeting Minutes June 10, 2021 Page S of 14 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. City Council Regular Meeting Minutes June 10, 2021 Page 6of14 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. City Council Regular Meeting Minutes June 10, 2021 Page 7 of 14 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 City Council Regular Meeting Minutes June 10, 2021 Page 8 of 14 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 City Council Regular Meeting Minutes June 10, 2021 Page 9 of 14 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 City Council Regular Meeting Minutes 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: City Council Regular Meeting Minutes June 10, 2021 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 City Council Regular Meeting Minutes June 10, 2021 Page 12 of 14 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 City Council Regular Meeting Minutes June 10, 2021 Page 13 of 14 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. �,4'"gp`iTOLI!Ar Angela Jackson, Acting City Cle �� •, City of Baytown ° °,. FkOr e.c-r�