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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 pano.iddd auoN :sXuN .ialsarl aqilN aaqu 3lN liounoJ `llannod goon f nquialN liounoD `Lli-inoouulog .IN1133H nquio" liounoD `X3ls3.id si.nlJ .IaquiolN liounoJ `uosuLlof sal.iugD .iaqui3lN liounoJ `Opu.iunld u.inu-I w3l Old .IOXUlN `oliiladuJ uopuu.ig .Io,CuIN :sz)XV :snnollo3 su SUM alon 3ql •q•s moll 01 palulo.i `b£LZ -ON uoilnloswa anoiddu of Xalswd sinlJ .IaguiolN liounoJ Aq popuooas puu opuaunld u.murl u131 o.id .IOAuyN Xq apuui suns uoilow d -)pvd puuiAug ju a.injanaimijui painpossu puu XuAtpuoa man uu jo uoTjan.iasuoa aqa �luivaaauoa s2uipug 2uplum uopniosaa u .Iap!suo3 •q 'IN'd 8£:L lu'Ruuuatl z)ilgnd 3ql posolo olliladu,] .ioXgN `•u•s uiali upuafu 15uip.iulib.i Nuods of pa.iolsi'5a.i auo ou i?uiaq wall gliM •.IoluaJ uoiluonuoJ laloH ;)q) JO3 puulsl puulXug Ol lob of )I-lud puulXug as.ianu.il llihx 1uL{1 puoi ssaoou uu oq llinn sigl puu `asn odXI-�.iud-Liou 13Lllo AM of Xpado.id )lied AM laanuoo uuo XliJ aLll a.iojaq iodudsMau 3LII ui saulil ao.nll 11 Llsilgnd 01 onuLl i(OLIJ "t?UllU3Ll oilgnd u pIOLI Ol ,{liJ 3LI) so.nnbo.i olnluls aluls aLI1 `aPOJ aJilpliM puu Mlud oLll LIliM aouup.iOoou ui luLll paloU puu Trg moll upuaiiu A3uip.iulio.i 'Liui.ivaLl oilgnd oLll jo loafgns aLl1 pozi.iuuicuns J3uJOH ua.iu}l X3UJo11t1 X11J •31red puulXrEl lu o.inlon.ilsuajui poluioossu puu Xunnpuo.i ssaoou uu jo uoilon.ilsuoo oLp 'guituoouoo 5upuaLl oilgnd 3LI1 palonpuoo puu poLiado olliladuJ loXulN "IN'd L£:L lid •3pud puujXug ju a.injan gsu.ijul paluiaossu puu Sumpuoa ssaaau uu jo uoljana1suoa aqj 2uiwaauoa 2upuaq ailgnd u pnpuoO •u mmyd UNIV 7AVO Zd 3Hf1.L3f12LLSVHAml a3.LVI3OSSd QNd AVMUVOH SS933V NV d0 N0L13fl2I,LSN03 'S '303NI IHI 31VG 3IAIIJ3A33 GNV NOIIVDI'Igf1d 3HI 2IOd ONICHAOIld GNV '3SAV IJ SONIAVS V ONINIVINOJ '3SAV IJ O(\[I1VAdMI V ONIQIAMId `(00'000`ZS) S?JV IOQ 00 i/ON GNV QNVSfIOH L OMI d0 AL-IVN3d INnWIXVIN d DN18I"HOSINd '.LMdISIa DNINOZ (JD) "IVIJ213INWOJ -Id213N3O d O.L .LJINISIa DNIN07 (2I0) NOILd32IJ311/3DWS N3dO NV W02I3 Ol kVMHDIH 31d.LS213INI ISd3 00£L IV a3.LVDO3 S32IJd 0'£ A33,LVlNIXO'dddV 3N073N O.L NMOIAVS 30 A.LIJ 3H.L 30 ddlN DNINOZ-IVIJIddO 3H.L DNIGN31Nd `S`dX3.L `NA\OIAdB 30 AID 3H.L 30-IIJNflOJ AID 3H.L 30 3IDN NICINO NV LSL`t,l 'ON 3JNVNIGNO 61 Jv L aiiud I ZOZ `Z I isnflnV sainuilN 2uiiaayN lulnfa-1 IrounoJ Aii ) 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 SIN13KINiOddv 'II '303213H1. 31VG ]AllD3333 314.E WA ONIQIA011d GNV 'NV Id 3JIAN3S V d0 NO1.LV2idd32ld 3H1. 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NIZI2IOH.Lfld `SVX3.L `A.LNf1O SI2I JVH `NMO.LAV0 `,kRA flS Sfl8-IIH INVI"I'IIM 49�E JDVd JJS8d `Z T I S1.Jd2I.L Sd CIAMI JS3Q ATIVO33 GNV'A.L2I3dOd 61 Jo LI ai?L'd I ZOZ `- I lsn'Rnd salnu►W fuipolN irin�a-d I!aunoD X)iD 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