2021 08 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
August 12, 2021
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August
129 2021, at 6:33 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Laura Alvarado
Mayor Pro Tern
Charles Johnson
Council Member
Chris Presley
Council Member
Heather Betancourth
Council Member
Jacob Powell
Council Member
Mike Lester
Council Member
Brandon Capetillo Mayor
Rick Davis City Manager
Karen Horner City Attorney
Angela Jackson Acting City Clerk
Mike Holden Interim Sergeant at Arms
Mayor Capetillo convened the August 12, 2021, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present.
The Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Mike
Lester.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on July 8, 2021.
A motion was made by Mayor Pro Tern Laura Alvarado and seconded Council Member Mike
Lester to approve the meeting minutes of the City Council Work Session and Regular Meeting
held on July 8, 2021, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
City Council Regular Meeting Minutes
August 12, 2021
Page 2 of 19
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize the Baytown Greater Houston Women's Chamber of Commerce.
Mayor Capetillo had Ms. Susan Dyson come forward and introduce herself as well as the other
members that were present from the Baytown Greater Houston Women's Chamber of
Commerce. Ms. Dyson noted that she was proud to be the CEO, President, and Founder of the
fastest -growing Women's Chamber in the country and they are excited to have Baytown as their
home now. She thanked Mayor Capetillo and Council Member Betancourth for their amazing
support and for the opportunity to be able to help entrepreneur women get started with their
businesses.
Ms. Shayla White, Executive Director of the Women's Business Center noted that they were
thrilled to be at the location in Baytown at the newly renovated Brunson Theater, and to provide
the tools and resources to female entrepreneurs in the City of Baytown. They will be hosting
business workshops and also providing one-on-one consultations all free of charge.
Ms. Dyson also introduced Ms. Linda Lopez, who besides being a client, will also be in the
office every Friday of the month and will accept appointments. She noted that Ms. Lopez is a
resident of Baytown and speaks Spanish, so they will be able to provide that resource as well.
b. Receive and Discuss the 2020 - 2021 Baytown Parks and Recreation Annual Report.
A motion was made by Council Member Charles Johnson and seconded Council Member Jacob
Powell to suspend Item 2.b., for up to thirty (30) days. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
3. ZONING MAP AMENDMENT FOR APPROXIMATELY 4.5 ACRES OF LAND
AT CEDAR BAYOU RD AND FANESTIEL ST
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 4.5 acres generally located north of Cedar Bayou Road and east and
west of Fanestiel Road from a Mixed Residential at Low to Medium Densities (SF2) Zoning
District and Neighborhood Serving Commercial (NSC) Zoning District to a General
Commercial (GC) Zoning District.
City Council Regular Meeting Minutes
August 12, 2021
Page 3 of 14
At 6:40 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request to
amend the official zoning map to rezone approximately 4.5 acres generally located north of
Cedar Bayou Road and east and west of Fanestiel Road from a Mixed Residential at Low to
Medium Densities (SF2) Zoning District and Neighborhood Serving Commercial (NSC) Zoning
District to a General Commercial (GC) Zoning District.
Director of Planning and Development Services Martin Scribner summarized the subject of the
public hearing regarding agenda item 3.a., which is to rezone approximately 4.5 acres along the
north side of Cedar Bayou Road between Alexander and Fanestiel Street from Neighborhood
Commercial and Single-family to General Commercial, which consists of five properties. There
are four property owners represented by the applicant, Dr. Wooten, who previously owned the
dentist's office in the center, and he now owns the properties to either side of the dentist's office,
which are vacant, mostly wooded lots. Mr. Scribner noted that the applicant does not have a plan
for the development of any of these properties at this time, but believes that this will give him
more options to sell his properties. Mr. Scribner then proceeded to provide an aerial view of the
properties in Google Maps. Additionally, he stated that the Planning and Zoning Commission
held public hearings pertaining to this item in May and June, and after further discussion at their
July meeting, the Commission voted unanimously to recommend disapproval to City Council.
However, staff believes that the request generally met the criteria laid out by the Code of
Ordinances for the City of Baytown for a rezoning. Mr. Scribner further noted to Council that
this petition did have a formal opposition that was submitted and met the requirements;
therefore, any type of approval tonight would require a 75% vote of Council. The staff was
available to answer questions.
Mayor Capetillo had the six individuals that had signed up to speak to come forward to make
their comments.
Ms. Marie Guidry and Ms. Rita Hillburn noted they would like to defer their speaking time to
Ms. Becky Robins.
Mr. David Boothe, a resident of Baytown for almost 50 years, stated that he was a general
contractor and owns a small office in Baytown with six employees located near the rezoning
area. However, his concern is that if the building was to burn down, it would be worth one-third
of what he paid for it if he was to sell it for residential purposes, and he is half -owner of the
property. He asked for Council to take that into consideration as his business fits right in with
what is down Cedar Bayou Road at the present time, in close proximity to the dentist's office.
Ms. Charlotte Wooten thanked Council for considering their request for the rezoning of the five
properties on Cedar Bayou Road, two of which they have owned approximately 40 years, and are
the vacant properties on either side of the dentist office. They have maintained the properties
responsibly and believe it to be a reasonable request to change the zoning from Neighborhood
Serving Commercial to General Commercial given the properties' involvement in their
proximity to Alexander Drive as well as the other commercial businesses that currently exist on
Cedar Bayou Road. The property furthest from Alexander Drive of the block of five properties is
commercial and has been for many, many years. She noted that several of the neighbors are
objecting, fearing that if these lots were zoned General Commercial, it would potentially destroy
City Council Regular Meeting Minutes
August 12, 2021
Page 4 of 19
the neighborhood and property values. However, Cedar Bayou road is and has been for many,
many years mixed -use of commercial and residential, and as their two lots are not very large, one
slightly less than the other, it seems that increased traffic of large trucks is unlikely. Ms. Wooten
noted that they believe there is good cause to expect a reasonable outcome of future development
of these properties as General Commercial.
Mr. Billy Combs, a resident of Beach City and also a proud neighbor to the Wootens, noted that
he has been marketing their property now for well over two years and the Neighborhood Serving
Commercial is a very restrictive zoning in which there are only 19 allowable uses versus for the
same property would be 56 allowable uses under General Commercial. However, the staff has
pointed out many of the uses that would be General Commercial could not work there simply
because of the size of the properties. The City has done a fantastic job in putting restrictions and
protecting properties so it there are any specific uses that someone would be specifically
concerned about such as a bar, they would be happy to talk about maybe placing some deed
restrictions or something on the property and work with them. Mr. Combs noted that the
Wootens have been a good neighbor for many, many years and have retired now and need to
move on, but just with 19 allowable uses, it is very hard to market that property to sell.
Ms. Becky Robins, a resident at Cedar Bayou Road, started off by commenting how appreciative
they were of the extra work members of the Planning and Zoning Commission put in before
coming to their unanimous decision not to recommend the zoning change in their neighborhood.
Several members took the time to visit the area and see firsthand what transitions are actually
taking place in their neighborhood and why the change would be detrimental and they agreed.
What they as homeowners love about where they live is that they have large lots with green
space to enjoy, except for traffic noise corning frorn business Highway 146 and occasional loud
music coming from the bar, whose parking lot exits Cedar Bayou Road, their neighborhood is
peaceful. Ms. Robins does not believe the dentist office and other properties are consistent with
the current land use on Cedar Bayou Road or Fanestiel Road, nor does moving to a GC Zone
provide compatibility to the existing homes in the area. Single-family homes being built on
Cedar Bayou and Fanestiel Roads, along with current homeowners updating their homes, has
helped to revitalize their area and that is very welcoming to all of them. She further noted that as
homeowners, they are putting their trust in Council and their faith in the Planning and Zoning
Commission to do what is in the best interest of their neighborhood community and not what
benefits the profits of one. The businesses found along Cedar Bayou Road have been there for 20
plus years, long before the 2013 zoning guidelines came into play, and if they look at their
section of Cedar Bayou Road, with an exception of the dentist's office and the small warehouse
Mr. Boothe mentioned, the rest of the properties are residential, and their area is transitioning for
residential use, not commercial. She believes the zoning change to GC would decrease the
property value of the homeowner and their request as a neighborhood community is clear — they
are here tonight asking that Council not support the petition to change the zoning to General
Commercial. Ms. Robins stated that it is their understanding that the current practice of the City
Council is to establish buffer zones around residential communities, and at the very least, they
are asking that Council provide this for their community. The NSC current zone, that is the
buffer zone for their neighborhood to the commercial corridor which lies along Alexander Drive.
City Council Regular Meeting Minutes
August 12, 2021
Page 5 ol' l9
Ms. Tammy Barth, resident on Fanestiel Road, stated that she completely 100% agrees with Ms.
Beck Robins' statements and she speaks for all of the residential property owners. One of their
biggest concerns is if the zoning changes to GC, even though there is not anyone interested in
developing now, it is the what -if. What if somebody is out there that wants to develop and has
the money and resources to buy up that little bitty strip on the corner that has been there where
Mr. McCartney's little strip center is? That has the money to buy up those two empty vacant lots
in the little bitty house and remove the dental office? If they follow all the guidelines, they could
potentially have a big hotel or a great big industrial facility, and they do not want something like
that as that is a huge swath of red on that map that opens the door for a lot of potential things that
they just do not want in their backyard. She noted that the neighborhood supports the residential
and want this neighborhood to be developed by families. It is doing it even without the
incentives so, they encourage Council -to help continue to keep their neighborhood family -
oriented.
Mr. David Barth, resident on Fanestiel Road, noted that he was the first house to be built on
Fanestiel Road and from that seed, there is now a collective housing of four houses on that road
now. It has been a slow process but it is growing and families are growing in there again and he
sees more traffic for kids, from parents bringing their kids, which is a good place for them to
walk and to exercise and stuff of that nature. He has been there for 25 years, and has seen this
area not deplete, but changed for the better, not for the worse, which he was born and raised here
in Baytown. Mr. Barth noted that if they look at their end of the Cedar Bayou Road versus the far
end down by North Main, the businesses down there have gone up and down and they are closed.
They do not want their end of the road to start to look like the far end of Cedar Bayou as that
concerns a lot of them so if anything, this area has started to grow and families and residential
homes and not businesses.
With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed
the public hearing at 7:13 P.M.
a. Consider an ordinance concerning a proposed amendment to the official zoning
map to rezone approximately 4.5 acres generally located north of Cedar Bayou Road and
east and west of Fanestiel Road from a Mixed Residential at Low to Medium Densities
(SF2) Zoning District and a Neighborhood Serving Commercial (NSC) Zoning District to a
General Commercial (GC) Zoning District.
A motion was made by Council Member Jacob Powell and seconded by Council Member
Charles Johnson for the sake of discussion of Item 3.b. The Council Members proceeded to ask
the staff questions regarding the existing subject properties and commented on their views and
possible restrictions or alternatives for development of the properties.
A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Laura
Alvarado to deny the proposed amendment to the official zoning map to rezone approximately
4.5 acres generally located north of Cedar Bayou Road and east and west of Fanestiel Road from
a Mixed Residential at Low to Medium Densities (SF2) Zoning District and a Neighborhood
Serving Commercial (NSC) Zoning District to a General Commercial (GC) Zoning District. The
vote was as follows:
City Council Regular Meeting Minutes
August 12, 2021
Page 6of19
Ayes: Mayor Brandon Capetillo, Mayor Pro Tcm Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
4. 'ZONING MAP AMENDMENT FOR 7300 EAST IH-10
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 3.0 acres located at 7300 East Interstate Highway 10 from an Open
Space/Recreation (OR) to a General Commercial (GC) Zoning District.
At 7:35 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request
to amend the official zoning map to rezone approximately 3.0 acres located at 7300 East
Interstate Highway 10 from an Open Space/Recreation (OR) to a General Commercial (GC)
Zoning District.
Director of Planning and Development Services Martin Scribner summarized the subject of the
public hearing regarding agenda item 4.a., which is to rezone approximately three acres on the
south side of I- 10, west of Sjolander Road. He noted that this is being requested to allow for an
electrical supply warehouse. Additionally, he stated that the Planning and Zoning Commission
held a public hearing pertaining to this item in July and recommended approval.
With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed
the public hearing at 7:36 P.M.
b. Consider an ordinance concerning a proposed amendment to the official zoning
map to rezone approximately 3.0 acres located at 7300 East Interstate Highway 10 from an
Open Space/Recreation (OR) Zoning to a General Commercial (GC) Zoning District.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Charles Johnson to approve Ordinance No. 14,787, related to Item 4.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourtll, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
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City Council Regular Meeting Minutes
August 12, 2021
Page 8 of 19
RESOLUTION NO. 2739
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, MAKING FINDINGS CONCERNING THE CONSTRUCTION OF AN
ACCESS ROADWAY AND ASSOCIATED INFRASTRUCTURE AT
BAYLAND PARK; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
6. CITY OF BAYTOWN GENERAL AND SPECIAL ELECTIONS
a. Conduct a public hearing on the Baytown Crime Control and Prevention District
Fiscal Year 2021-22 Proposed Budget.
At 7:39 P.M., Mayor Capetillo opened and conducted the public hearing concerning the Baytown
Crime Control and Prevention District Fiscal Year 2021-22 Proposed Budget.
Director of Finance Victor Brownlees summarized the subject of the public hearing regarding
agenda item 6.a. and noted that the District Board met on July 13`t' to consider the proposed
budget, held a public hearing at which the representations were received, and consequently
passed the budget unanimously with no additions or amendments
With there being no one registered to speak regarding agenda item 6.a., Mayor Capetillo closed
the public hearing at 7:40 P.M.
b. Conduct a public hearing on the Baytown Fire Control, Prevention, and Emergency
Medical Services District Fiscal Year 2021-22 Proposed Budget.
At 7:40 P.M., Mayor Capetillo opened and conducted the public hearing concerning the Baytown
Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2021-
22 Proposed Budget.
Director of Finance Victor Brownlees summarized the subject of the public hearing regarding
agenda item 6.b. and noted that the board met on July 20"', and held a public hearing at which no
representations were received, the board then passed unanimously the budget.
With there being no one registered to speak regarding agenda item 6.b., Mayor Capetillo closed
the public hearing at 7:40 P.M.
7. MUNICIPAL BUDGET FISCAL YEAR 2021-22
a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2021-22
Proposed Municipal Budget.
At 7:41 P.M., Mayor Capetillo opened and conducted the public hearing concerning the City of
Baytown Fiscal Year 2021-22 Proposed Municipal Budget.
City Council Regular Meeting Minutes
August 12, 2021
Page 9 of 19
Director of Finance Victor Brownlees summarized the subject of the public hearing regarding
agenda item 7.a. and noted that this is the first formal public hearing, but this is by no means, the
only opportunity for citizens to input into the budget process, In summary, on July 22"d, the City
Manager presented the proposed budget to Council, the City Council decided that tonight would
be the first public hearing and they will hold two work sessions the following week. Mr.
Brownlees noted that the proposed budget will deliver a reduction in property tax for the fourth
year in a row of at least one cent. Furthenrtore, there will be no bonds issued funded from
property tax in this budget, and the City will end up with 120 days of operating reserves. In
regards to the timeline, next Wednesday at 5:30 P.M., Council will have its first work session.
The following day, on the 19th, if they so desire, they will have another work session at 4:00
P.M. However, not to pre judge the outcome of the next item on the agenda, Mr. Brownlees
noted that staff believes that Council would probably decide to at the earliest, pass the budget on
the 26th, however, they can leave it as late as the 23rd of September.
With there being no one registered to speak regarding agenda item Ta., Mayor Capetillo closed
the public hearing at 7:43 P.M.
b. Consider adopting or postponing the adoption of the City of Baytown Fiscal
Year 2021-22 Municipal Budget.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Jacob Powell to postpone the adoption of the City of Baytown Fiscal Year 2021-22 Municipal
Budget to no later than September 23, 2021. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
Mayor Capetillo then took a point of privilege and stated that the agenda would be taken out of
order to consider Item 8.b., prior to Item 8.a.
8. PROPOSED ORDINANCES
b. Consider an ordinance authorizing a Professional Services Agreement with Kimley-
Horn and Associates, Inc., for the IH-10 Lift Station No. 1 Improvements Project.
Director of Public Works and Engineering Frank Simoneaux summarized the subject for Item
8.b., and noted that Item 8.b. provide a little bit of background on Item 8.a. Mr. Simoneaux
stated that back in July 2020, the Council authorized Kinley-Horn to do a preliminary
engineering report for this project. The City wanted to do a PER before starting the final design
because this is a rather large and expensive project and they want to make sure they are
City Council Regular Meeting Minutes
August 12, 2021
Page 10 of 19
providing wastewater service in the most economical means. This is a consideration of the
professional services contract with Kinley-Horn & Associates for the final design of I-10 Lift
Station Number 1, and the associated Force Main. He noted that it is important to proceed now
so that they can account for the expected growth in the area, which is proposed to be funded by
impact fees and MDD, and staff recommends approval.
A motion was made by Council Member Jacob Powell and seconded by Council Member Chris
Presley to approve Ordinance No. 14,789, related to Item 8.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
ORDINANCE NO. 14,789
AN ORDINANCE OF TFIE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC., FOR IH-10 LIFT STATION NO. 1
IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO MILLION THREE
HUNDRED FIFTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
(S2,350,500.00); MAKING OTHER PROVISIONS RELATED THERETO;AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
a. Consider an ordinance authorizing a Consulting Services Agreement with Carollo
Engineers Inc., for the Lannie Lift Station Improvements, Wastewater Model and Targeted
Strategic Plan Project.
Director of Public Works and Engineering Frank Simoneaux summarized the subject for Item
8.a., and noted that is consideration of the Professional Services contract with Carollo Engineers,
which the project includes several related items to Item 8.b. The first item is a follow-up of the I-
10 Lift Station study, which studied how to serve the areas in the northwest part of the city. Now,
they need to study the area east of there in the Northeast and the East, and because that area is
developing as well, they need a more detailed plan of how to serve wastewater in this area as
well as in the ETJ since the existing plants may not have the capacity to serve the build -out of
this area depending on how it develops. Mr. Simoneaux noted that the first part of this project
will be to develop a strategic plan for serving areas within these two treatment plant service
areas, and the second part of the project is to develop a wastewater model and that model will
replicate how the City's wastewater system functions during rainfall events. The model can help
them detennine which parts of the system need upgrades to eliminate sanitary sewer overflows.
Furthennore, the third part of the project is to design the upgrades of the Lannie Lift Station. The
City Council Regular Meeting Minutes
August 12, 2021
Page I I of 19
Force Main as part of that project is not anticipated to be included so if they determine the Force
Main has to be upgraded, then they will have to come back for an amendment. Staff recommends
approval.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Jacob Powell to approve Ordinance No. 14,788, related to Item 8.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
ORDINANCE NO. 141788
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH
CAROLLO ENGINEERS INC., FOR THE LANNIE LIFT STATION
IMPROVEMENTS, WASTEWATER MODEL AND TARGETED STRATEGIC
PLAN PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED
FORTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN AND 40/100
DOLLARS ($1,146,667.40); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor Capetillo returned to the regular order of the agenda with item 9.a.
9. REPORTS
a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending June 30, 2021.
Director of Finance Victor Brownlees presented the item and provided Council with a brief
overview of the City of Baytown's Quarterly Financial and Investment Reports for the Quarter
Ending June 30, 2021.
10. CONSENT
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern
Laura Alvarado to approve Consent Agenda Items 10.a. through 10.1., as submitted, with the
exception of Item 1 O.k., and Items 10.m. through 1 O.o., were pulled for discussion. The vote was
as follows:
City Council Regular Meeting Minutes
August 12, 2021
Page 12 of 19
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
a. Consider an ordinance to reject the bids for the Water Tower Rehab Project, which
were received on July 23, 2021 at 2:00 P.M.
ORDINANCE NO. 141790
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING ANY AND ALL BIDS RECEIVED FOR THE WATER
TOWER REHAB PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance awarding the Annual Fittings, Valves, and Meter Boxes
Contract to Ferguson Enterprises, LLC.
ORDINANCE NO. 141791
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF FERGUSON ENTERPRISES, LLC, FOR
THE ANNUAL FITTINGS, VALVES AND METER BOXES CONTRACT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
TWO HUNDRED THIRTY-FOUR THOUSAND SIX HUNDRED SIXTY-
THREE AND 29/100 DOLLARS (S234,663.29); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a Street Light Agreement Letter with
CenterPoint Energy for the removal, installation, and maintenance of street lighting along
Ward Rd. from N. Main St. to Alexander Dr.
ORDINANCE NO. 14,792
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A LETTER AGREEMENT WITH CENTERPOINT ENERGY
HOUSTON ELECTRIC, LLC, FOR THE REMOVAL, INSTALLATION, AND
MAINTENANCE OF STREET LIGHTING ALONG WARD ROAD FROM N.
MAIN STREET TO ALEXANDER DRIVE IN THE AMOUNT OF FIFTY-
THREE THOUSAND SEVEN HUNDRED FIFTY-SIX AND NO/100
City Council Regular Meeting Minutes
August 12, 2021
Page 13 of 19
DOLLARS ($53,756.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV
"Specific Street Regulations," Section 94-121 "Schedules enumerated" of the Code of
Ordinances, Baytown, Texas, to authorize the installation of a stop sign on the northbound
approach of Fanestiel Road to Mabry Road.
ORDINANCE NO. 14,793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES
ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD
INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF ONE (1)
STOP SIGN ON THE NORTHBOUND APPROACH OF FANESTIEL ROAD
TO MABRY ROAD; AUTHORIZING THE POSTING OF PROPER SIGNS;
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
C. Consider an ordinance authorizing Year 2 of the Microsoft Enterprise Agreement
(EA) and Software Assurance (SA).
ORDINANCE NO. 141794
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY THOUSAND
EIGHT HUNDRED FIFTY-EIGHT AND 38/100 DOLLARS ($70,858.38) TO
SHI/GOVERNMENT SOLUTIONS, INC., FOR THE PURCHASE OF
LICENSES NECESSARY FOR THE USE AND MAINTENANCE OF ALL
CITY SERVERS THROUGH THE TEXAS DEPARTMENT OF
INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing the award of the HIDTA (High Intensity Drug
Trafficking Area) PowerEdge Server System using the DIR contract DIR-TSO-3763.
ORDINANCE NO. 14,795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-THREE THOUSAND
EIGHTY-NINE AND NO/100 DOLLARS (S63,089.00) TO DELL
City Council Regular Meeting Minutes
August 12, 2021
Page 14 of 19
MARKETING, LP, FOR THE PURCHASE OF A POWEREDGE R750
SERVER SYSTEM FOR HOUSTON HIGH INTENSITY DRUG
TRAFFICKING AREA THROUGH THE TEXAS DEPARTMENT OF
INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED
THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing Change Order No.1 to the Annual Demolition of.
Residential Structures Contract with Grant Mackay Company, Inc.
ORDINANCE NO. 14,796
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO THE ANNUAL
DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT WITH
GRANT MACKAY COMPANY, INC., FOR COURT -ORDERED
DEMOLITION PROJECTS IN AN AMOUNT NOT TO EXCEED FIFTY
THOUSAND AND NO/100 DOLLARS ($50,000.00); AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing a Supplemental Agreement to the Public
Highway At -Grade Crossing Improvement Agreement with Union Pacific Railroad
Company to update the annual maintenance fee.
ORDINANCE NO. 14,797
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A SUPPLEMENTAL AGREEMENT TO THE
PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT
AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY TO
UPDATE THE ANNUAL MAINTENANCE FEE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing an agreement with Randall B. Strong for the
collection of delinquent taxes, payments in lieu of taxes, public improvement district
assessments, and bankruptcy collections.
ORDINANCE NO. 14,798
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT WITH RANDALL B. STRONG
FOR THE COLLECTION OF DELINQUENT TAXES, PAYMENTS IN LIEU
OF TAXES, PUBLIC IMPROVEMENT DISTRICT ASSESSMENTS, AND
BANKRUPTCY COLLECTIONS; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN THE AMOUNT OF THE ADDITIONAL PENALTY
PROMULGATED BY THE CITY COLLECTED PURSUANT TO THE TAX
CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
August 12, 2021
Page 15 of 19
j. Consider a resolution accepting the 2030 Parks, Recreation, Trails and Open Space
Master Plan.
RESOLUTION NO. 2740
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2030 PARKS, RECREATION, TRAILS AND
OPEN SPACE MASTER PLAN; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
k. Consider a resolution approving the naming of the proposed park in the Ginger
Creek Estates Subdivision and its park facilities.
Council Member Johnson noted Ginger Creek Park is almost a done deal and construction is
moving along going well, and they had two individuals who were nominated to have a park
named after them. He noted that after speaking with them, the park staff, and bringing it to the
park's board, it was decided that the playground would be named after one individual, and a
section of the trail would be named after another individual. Council Member Johnson further
noted the people in Ginger Creek are happy that the park is coming along, the park looks great,
and the two individuals who the sections of the park are going to be named after, were very
happy with it also.
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern
Laura Alvarado to approve Resolution No. 2742, related to Item 10.k. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
RESOLUTION NO. 2742
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NAMING THE FUTURE PARK, TRAIL AND PLAYGROUND IN
THE GINGER CREEK SUBDIVISION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
1. Consider a resolution authorizing the City of Baytown to accept a grant from the
Port of Houston Authority's 2021 Community Grants Program.
RESOLUTION NO. 2741
City Council Regular Meeting Minutes
August 12, 2021
Page 16 of 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.)
TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
AWARD FROM THE PORT OF HOUSTON AUTHORITY'S 2021
COMMUNITY GRANTS PROGRAM IN THE AMOUNT OF FIFTY
THOUSAND AND NO/100 DOLLARS (S50,000.00) FOR FUNDING THE
PROGRAM FOR THE CHANDLER ARBORETUM GREENHOUSE AT THE
BAYTOWN NATURE CENTER; DESIGNATING AN AUTHORIZED
REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
M. Consider a resolution granting the petition for the proposed annexation of
approximately 23.39 acres of land in Harris County, Texas, including 20.82 acres of
privately -owned land along Thompson Road north of Ellis School Road, along with
approximately 2.57 acres being the entire width of Thompson Road right-of-way extending
north approximately 1,879 feet from the current city limits to the northern end of the
subject property.
After a brief discussion pertaining to these types of petitions being included under the Consent
Agenda, Mayor Capetillo noted that since they require further explanation on behalf of staff,
whereas the other items found under Consent are administrative and routine contracts, they are
requesting for staff to provide more prep work before it comes unto an agenda.
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Laura
Alvarado to approve Consent Agenda Items 10.rn. through 10.o., as submitted. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
RESOLUTION NO. 2743
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING THE PETITION OF PETE FRANKS FOR THE
PROPOSED ANNEXATION OF APPROXIMATELY 23.39 ACRES OF LAND
IN HARRIS COUNTY, TEXAS, INCLUDING 20.82 ACRES OF PRIVATELY
OWNED LAND ALONG THOMPSON ROAD NORTH OF ELLIS SCHOOL
ROAD, ALONG WITH APPROXIMATELY 2.57 ACRES BEING THE
ENTIRE WIDTH OF THE THOMPSON ROAD RIGHT-OF-WAY
EXTENDING NORTH APPROXIMATELY 1,879 FEET FROM THE
CURRENT CITY LIMITS TO THE NORTHERN END OF THE SUBJECT
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City Council Regular Meeting Minutes
August 12, 2021
Page 18 of 19
a. Consider approving the students selected to serve on the Youth Advisory
Commission.
Librarian Director Jamie Eustace presented the item and noted that they are pleased to bring
Council twenty-five (25) recommendations for appointment to the Youth Advisory Council. She
noted that Cathie Beverly and Sabrina Martin have worked tirelessly these last few weeks in
reviewing applications and interviewing all of the students, and they presented them with a list of
names at the dais that represents teens from across the City of Baytown who have demonstrated a
commitment to the community and an interest in local government. She noted that three of the
students on the list are carryovers from the Teen Roundtable that Council met earlier this year.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Chris Presley to approve the list of twenty-five (25) students to serve on the Youth Advisory
Commission for 2021-22. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Charles Johnson, Council Member Chris Presley, Council
Member Heather Betancourth, Council Member Jacob Powell, Council
Member Mike Lester
Nays: None
Approved
12. MANAGER'S REPORT
City Manager Rick Davis presented kudos to several staff members for their certifications and
accomplishments within their scope of work. He also noted that they will be scheduling a Special
MDD and Council Meeting on August 25"' to discuss and approve several agreements as it
pertains to the Hotel and Convention Center, and thanked staff for all of their hard work on that
special project.
13. 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 a business prospect 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 Section 551.071 of the
Texas Government Code to seek the advice of the City's attorneys regarding pending or
contemplated litigation involving the City of Baytown.
At 8:18 P.M., Mayor Capetillo recessed into and convened the executive sessions pursuant to:
City Council Regular Meeting Minutes
August 12, 2021
Page 19 of 19
1) 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 and to seek the advice of the City's
attorneys on legal matters related thereto; and
2) Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys
regarding pending or contemplated litigation involving the City of Baytown.
At 9:20 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
FY�I.XY[�3Yi.Y1
14. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the August 12,
2021, City Council Regular Meeting at 9:21 P.M.
Angela Ja&son,
City of Baytown