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2021 07 22 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 22, 2021 The City Council of the City of Baytown, Texas, met in a Regular Meeting on July 22, 2021, at 6:40 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Mayor Pro Tern Chris Presley Council Member Charles Johnson Council Member Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Karen Horsier City Attorney Angela Jackson Acting City Clerk Mike Holden Sergeant at Arms Mayor Capetillo convened the July 22, 2021, City Council Regular Meeting with a quorum present at 6:40 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Powell. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on June 24, 2021. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Laura Alvarado approving the June 24, 2021, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS City Council Regular Meeting Minutes July 22, 2021 Page 2of11 a. Recognize City of Baytown Employees for their Years of Service. Human Resources Manager Grey Scott presented the agenda item and recognized the City of Baytown employees for their years of service. 5 Years Gerald Bryce, Public Works, Heavy Equipment Specialist II 10 Years Kathy Green, Fire, Administrative Specialist Sharon Rose, Planning, Community Development Generalist 15 Years Lucas Bernard, Fire Lieutenant 3. SPECIAL DISTRICTS BUDGETS FOR FISCAL YEAR 2021-22 a. Receive the Fiscal Year 2021-22 Budget of the Baytown Crime Control and Prevention District. Director of Finance Victor Brownlees presented the agenda item and stated that the board of the district received its budget on the 13th of July, and after two public hearings, the budget passed unanimously. b. Receive the Fiscal Year 2021-22 Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. Mr. Brownlees presented the agenda item and stated that the board of the district met on the 20th of July, following a public hearing the budget was passed unanimously. 4. MUNICIPAL BUDGET FOR FISCAL YEAR 2021-22 a. Receive the City Manager's proposed municipal budget and budget message for Fiscal Year 2021-22. City Manager Davis presented a summary of the agenda item and stated the budget fully implements the initiatives and strategies of the year five of the community -based strategic plan that included another reduction in the property tax rate. He stated that there are no rate increases proposed for water or sewer, but there is a recommendation for an increase in the storm water utility to allow the City to partner with Harris County to address more than $50 million in stone water and drainage needs. He stated that there is no addition to the general fund debt and the budget will allow for 120 days of operating reserves. He stated that there is a proposal for an additional 39 positions along with a 3% increase to non -civil service salaries. City Council Regular Meeting Minutes July 22, 2021 Page 3 of 11 City Manager Davis stated that this budget proposes projects intended to accomplish Council's initiatives to include addressing the appearance of bridges and signals poles; dedicating more energy and attention to concrete infrastructure; reaching out to citizens and telling the Baytown story; continuing support for celebrations, such as Juneteenth; partnering with TxDOT to clean up overpasses and intersections; master planning the Evergreen area; replacing vegetation impacted by the February freeze; enhancing parks maintenance; a new Jenkins/Blue Heron pedestrian connectivity project; expanded ditch maintenance; a new crack seal crew; the continued modernization of traffic signalization; designed for an expanded Cedar Bayou Lynchburg from Garth to John Martin; and a full -funding of Garth Road in phases A and B. City Manager Davis stated that this budget also proposes funding a reitnagining of the Baytown Museum; support for key park projects, such as Phase 1 of Russell Park; the American League and Wayne Gray Sports Complex enhancements; an array of park projects through the MDD budget; funding for business and retail recruitment; the Alexander Drive Revitalization Project; supports various ambitions by completing the ADA evaluation project; aggressively addressing the implementation of the Sidewalk Masterplan; provide additional resources from Neighborhood Empowerment Grants; expanding the Community Engagement Program; increasing the capabilities of code enforcement; and continuing the commitment to public art; makes a commitment to the Bayway and Market Street corridors projects; supports Phase 1 of an ADA facility improvement plan; fully staffs the new Animal Services and Adoption Center; supports positions for six departments to accommodate increasing demands for services; completely bring roadway striping in-house; and the investment in employee training and wellness. Additionally, City Manager Davis noted that the budget public hearing is scheduled between two budget work sessions followed by the budget adoption, b. Consider an ordinance setting the date, time and place for a public hearing regarding the City of Baytown Fiscal Year 2021-22 Proposed Budget. Assistant City Manager Nick Woolery presented the agenda item to consider setting the dates, time, and place for the public hearing. He noted that in the agenda it had August 26 for the public hearing, but it was recommended to move the scheduled date to August 12"'; therefore, the budget work session on the 5'1' will go in depth on the budget followed by a public hearing to give opportunity for another meeting before the consideration to adopt the budget on August 26"' or any time after that. He also mentioned that typically Council does not want to vote on the budget the same day of the public hearing. There was more discussion on the dates which resulted in a consensus for the public hearing to be scheduled on August 12'1' at 6:45 P.M. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Laura Alvarado approving Ordinance No. 14,777, setting the Public Hearing for the City of Baytown Fiscal Year 2021-22 Proposed Budget for August 12, 2021 at 6:45 P.M. The vote was as follows: City Council Regular Meeting Minutes July 22, 2021 Page 4 of 11 Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2021-2022 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution setting two budget work sessions to discuss the Fiscal Year 2021-22 Municipal Budget. No action was taken on this agenda item. 5. BAY CREEK PUBLIC IMPROVEMENT DISTRICT Agenda items 5.b. through 5.d were pulled from the agenda. a. Conduct a public hearing regarding the advisability of the proposed improvements associated with the Bay Creek Public Improvement District. At 7:06 P.M., Mayor Capetillo opened and conducted a public hearing regarding the advisability of the proposed improvements associated with the Bay Creek Public Improvement District. Assistant City Manager Woolery presented a summary of the public hearing and stated that just east of North Main from Goose Creek Memorial there will be a public improvement district. He stated that this is the formal public hearing that is required and further noted that the three action items (5.b, 5.c, and 5.d) related to this agenda item were suspended to a future meeting. Additionally, he noted that a representative from Castle Rock was available to answer questions. With there being no one registered to speak regarding agenda item 5.a., Mayor Capetillo closed the public hearing at 7:07 P.M. b. Consider an ordinance authorizing a Professional Services Payment Agreement with Castlerock Communities, L.P., regarding the expenses associated with the Bay Creek Public Improvement District. City Council Regular Meeting Minutes July 22, 2021 Page 5 of 11 C. Consider an ordinance authorizing a development agreement with Castlerock Communities, L.P., for the Bay Creek Development. d. Consider a resolution authorizing the creation of the Bay Creek Public Improvement District. 6. REPORTS a. Receive the 2021 Certified Ad Valorem Anticipated Collection Rate and the Certified Excess Debt Collections from the City of Baytown Tax Assessor/Collector. Mr. Brownlees presented the agenda item for council to acknowledge receipt of the annual certification from the City of Baytown Tax Assessor/Collector. 7. CONSENT Consent agenda items 7.c. and 7.d. were pulled for discussion. A motion was made by Council Member Chris Presley and seconded by Council Member Jacob Powell approving consent agenda items Ta. through Ti., with the exception of 7.c. and 7.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lestcr Nays: None Approved a. Consider an ordinance authorizing Change Order No.1 to the Annual Mill & Overlay contract with Angel Brothers Enterprises, LTD. ORDINANCE NO. 14,778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO THE ANNUAL MILL & OVERLAY CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR ADDITIONAL MILL &OVERLAY WORK IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS (S250,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the purchase of commercial office furniture for the Municipal Service Center Renovation Project. City Council Regular Meeting Minutes July 22, 2021 Page 6of11 ORDINANCE NO. 14,779 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY-FIVE THOUSAND NINE HUNDRED SIXTY-EIGHT AND 24/100 DOLLARS ($35,968.24) TO THE LUCK COMPANY FOR THE PURCHASE OF OFFICE FURNITURE FOR THE MUNICIPAL SERVICE CENTER RENOVATION PROJECT, THROUGH OMNIA PARTNERS PURCHASING COOPERATIVE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the award of the Annual City Facility Mowing Contract to NeoGlobal Enterprises, LLC, d/b/a Horticare Landscape Management. ORDINANCE NO. 14,780 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF NEOGLOBAL ENTERPRISES, LLC, D/B/A HORTICARE LANDSCAPE MANAGEMENT, FOR THE ANNUAL CITY FACILITIES MOWING CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF NINETY-THREE THOUSAND THREE HUNDRED SIXTY-EOUR AND 50/100 DOLLARS ($93,364.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing an Industrial District Agreement with Fromus LLC. ORDINANCE NO. 14,781 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 FROMUS LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of technical rescue equipment from Dooley Tackaberry. ORDINANCE NO. 14,782 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DOOLEY TACKABERRY FOR PURCHASE OF TECHNICAL RESCUE EQUIPMENT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE SUM OF FIFTY-ONE THOUSAND FIVE HUNDRED EIGHTY-SEVEN AND 02/100 DOLLARS City Council Regular Meeting Minutes July 22, 2021 Page 7 of 11 ($51,587.02); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution establishing the term and tenure of the members of the Baytown Animal Control Advisory Committee. RESOLUTION NO. 2735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE TERM AND TENURE OF THE APPOINTEES TO THE ANIMAL CONTROL ADVISORY COMMITTEE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider a resolution authorizing the City Manager to make application to the United States Department of Housing and Urban Development (HUD) for the 2021-2022 Community Development Block Grant (CDBG) funds and designating an authorized representative to accept and affirm any grant awarded as a result of the application. RESOLUTION NO. 2736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; 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. Consent Agenda Items 7.c. and 7.d., were discussed together. 7.c. Consider an ordinance rejecting all bids for the Reconstruction of Allenbrook Drive from W. Baker Road to Dead End, and Edgebrook Drive from Birdsong Drive to Allenbrook Drive. 7.d. Consider an ordinance rejecting all bids for the Reconstruction of Colby Drive from Dale street to Narcille Street and Narcille street from Ward Road to Sheridan Drive Project. Mr. Simoneaux stated that staff recommended to reject the bids regarding Item 7.c. and 7.d., as they were over budget quite a bit and there was only one bidder. He stated that they are working with potential bidders to get some interest for a rebid. Additionally, he noted that they were not down to anything until after the bid acceptance, so if rejected tonight, the advertising would be on track to get done quickly. City Council Regular Meeting Minutes July 22, 2021 Page 8 of 11 A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving consent agenda items 7.c. and 7.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING ANY AND ALL BIDS RECEIVED FOR THE RECONSTRUCTION OF ALLENBROOK DRIVE FROM W. BAKER ROAD TO DEAD END, AND EDGEBROOK DRIVE FROM BIRDSONG DRIVE TO ALLENBROOK DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 14,784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING ANY AND ALL BIDS RECEIVED FOR THE RECONSTRUCTION OF COLBY DRIVE FROM DALE STREET TO NARCILLE STREET AND NARCILLE STREET FROM WARD ROAD TO SHERIDAN DRIVE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider the appointment of two (2) staff members to the Youth Advisory Commission. Mr. Woolery presented the agenda item and noted that the ordinance, it requires City Council to consider the appointments of two (2) staff members to serve as the Advisor and the Coordinator to the Youth Advisory Commission ("YAC"). Staff is recommending that they appoint Ms. Sabrina Martin, the Community Engagement Coordinator, as the YAC Advisor, and Ms. Catherine Beverly, the Teen Librarian, as the YAC Coordinator. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson approving the appointments of Sabrina Martin as the Advisor and Catherine Beverly as the Coordinator to the Youth Advisory Commission. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro City Council Regular Meeting Minutes July 22, 2021 Page 9of11 Tem Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester Nays: None Approved b. Consider six (6) appointments to the Baytown Board of Adjustment. Director of Planning and Development Services Martin Scribner presented the agenda item to consider the six appointments to the Baytown Board of Adjustment. Mr. Scribner noted that two (2) current members, Dr. David Corder and Ms. Kathie Smith, submitted their resignations to the Board; therefore, the recommendation is for Mr. Jesse Cano to be appointed to a regular board member position, and add two new members, Ms. Diane Poullard as the new alternate member and Ms. Becky Robins as a regular board member. A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member Charles Johnson approving the reappointments of Mr. Gilbert Santana, Mr. Mike Wilson, and Ms. Barbara Wooster, and appointing Mr. Jesse Cano to a regular member position, Ms. Dianna Poullard as an alternate member, and Ms. Becky Robins to a regular member position to the Baytown Board of Adjustment. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester Nays: None Approved C. Receive the announcement of the Council's appointment to the Cedar Bayou Navigation District. Acting City Clerk Angela Jackson presented the agenda item to announce the Council's appointment of Mr. Jack Adcox to the Cedar Bayou Navigation District for another six years and noted that his appointment will set to expire on May 1, 2025. Mayor Capetillo noted that he has requested to receive a status update from Mr. Jack Adcox and Mr. Calvin Mundinger, the representatives, as to what is taking place currently on the Navigation District in order to provide an update to Council. A motion was made by Mayor Pro Tem Laura Alvarado and seconded by Council Member Charles Johnson approving Council's appointment of Mr. Jack Adcox to the Cedar Bayou Navigation District. The vote was as follows: City Council Regular Meeting Minutes July 22, 2021 Page 10 of 11 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester Nays: None Approved 9. MANAGER'S REPORT City Manager Davis presented his report and acknowledged Court Prosecutor Kristen Holmes, Canine Officer Cody Dodson, and Police Officers Eric Todd, and Edgar Avitia for their accomplishments. 10. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation and duties of the City Manager. At 7:15 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to Texas Goverment Code, Section 551.074 to deliberate the annual perfonnance evaluation and duties of the City Manager. At 7:59 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 Session. 11. PROPOSED ORDINANCE a. Consider an ordinance authorizing the Fifth Amendment to the Agreement for Professional Services and Employment as City Manager with Richard L. Davis. Mayor Capetillo presented the agenda item and expressed appreciation to City Manager Davis on his professionalism and work performance. A motion was made by Council Member Charles Johnson and seconded by Council Member Mike Lester approving Ordinance No. 14,785, regarding the Fifth Amendment to the Agreement, Version B, for the Professional Services and Employment as City Manager with Richard L. Davis. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,785 City Council Regular Meeting Minutes July 22, 2021 Page 11 of 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIFTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY MANAGER WITH RICHARD L. DAVIS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the July 22, 2021, City Council Regular Meeting at 8:00 P.M. Angela Jackson, City of Baytown