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2021 10 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 14, 2021 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 14, 2021, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Chris Presley Charles Johnson Heather Betancourth Jacob Powell Mike Lester Brandon Capetillo Rick Davis Karen Horner Angela Jackson Mike Holden Mayor Pro Tern Council Member Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor Capetillo convened the October 14, 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 Heather Betancourth 1. MINUTES a. Consider approving the minutes of the City Council Special Meeting held on September 2, 2021. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Laura Alvarado to approve the meeting minutes of the City Council Special Meeting held on September 2, 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, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes October 14, 2021 Page 2 of 29 b. Consider approving the minutes of the City Council Work Session and Regular Meeting held on September 9, 2021. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Laura Alvarado to approve the meeting minutes of the City Council Work Session and Regular Meeting held on September 9, 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, and Council Member Mike Lester Nays: None Approved 2. PROPOSED ANNEXATION AND REZONING ALONG THOMPSON ROAD, NORTH OF ELLIS SCHOOL ROAD a. Consider an ordinance for the second reading of 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. Principal Planning Manager Francesca Linder noted that agenda items 2.a. through 2.d. were related as they offer the annexation and zoning of a subject property that is near north of Ellis School Road and East of Thompson Road. The first item is for the second reading and final step of the voluntary annexation of the property. The second item, 2.b., will place the property in the corresponding council district. Lastly, Items 2.c. and 2.d., will address the zoning of the subject property, which is a total of 23.39 acres. Ms. Linder further noted that the applicant is interested in developing the property into an approximate 250,00 square foot warehouse and office building. A motion was made by Council Member Charles Johnson and seconded by Council Member Mike Lester to approve Items 2.a. and 2.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, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes October 14, 2021 Page 3 of 29 ORDINANCE NO. 14,847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND TliE 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, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance adding the newly annexed properties generally described as 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 into Council District No. 3. ORDINANCE NO. 14,877 AN ORDINANCE OF T11E CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 23.39 ACRES OF LAND IN HARRIS COUNTY, TEXAS, INCLUDING 20.82 ACRES OF PRIVATELY -OWNED LAND ALONG THOMPSON ROAD NORT1i 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 TfiE SUBJECT PROPERTY TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT IIEREWITII; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 20.82 acres, generally located east of Thompson Road and north of Ellis School Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 6:35 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request to amend the official zoning map to rezone approximately 20.82 acres, generally located east of Thompson Road and north of Ellis School Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. City Council Regular Meeting Minutes October 14, 2021 Page 4 of 29 Principal Planning Manager Francesca Linder summarized the subject matter for the public hearing related to Item 2.c., and noted that the applicant has requested for the subject property to be zoned General Commercial as they would like to develop a warehouse and office building. The Planning and Zoning Commission held two public hearings regarding this item at their August and September regular meetings and, along with staff, recommend approval for this item. Council Member Johnson inquired on the buffer requirements for the subject property and Ms. Linder noted that a buffer is only required for property that is located inside the city limits of Baytown. However, the property to the east is a drainage canal, which provides a wide buffer, and the surrounding properties to the south and north of the property are located outside city limits with industrial uses. Mayor Capetillo noted that Mr. Byron Schirmbeck had registered to speak regarding agenda item 2.c., and had him come forward to present his comments. Mr. Byron Schirmbeck, a resident of Baytown, stated that there are a lot of great things happening in Baytown. In regards to the proposed development, everybody likes that and it is great; however, he is concerned about the additional congestion that may occur going north and south on Thompson Road, especially once construction begins on Garth Road. He also noted that there are other areas in the vicinity that are developing as well as he can see by the white signs posted by the City in regards to public hearings, but they are hard to read while driving by. Mr. Shirmbeck's bigger point was in regards to the huge agenda for tonight's meeting, and although he is a fairly involved citizen and tries his best to be aware of what is going on in the City, it is very difficult to keep track of all the items on the agenda. He asked for Council to keep in mind the traffic flow as it pertains to future development, and also look at whether they are doing too much or doing it for the right reason. With there being no one else registered to speak regarding agenda item 2.c., Mayor Capetillo closed the public hearing at 6:41 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map to rezone approximately 20.82 acres, generally located east of Thompson Road and north of Ellis School Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth to approve Ordinance No. 14,877, related to Item 2.d. 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, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes October 14, 2021 Page 5 of 29 ORDINANCE NO. 14,878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 20.82 ACRES, GENERALLY LOCATED EAST OF THOMPSON ROAD AND NORTH OF ELLIS SCHOOL ROAD FROM AN OPEN SPACEIRECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO:100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Mayor Capetillo noted that they would take the agenda out of order and consider agenda item 4.a., prior to item 3.a. 4. DISCUSSIONS Receive and discuss a presentation from San Jacinto Retail Associates, LLC, regarding the development of the San Jacinto Marketplace. City Manager Rick Davis introduced Mr. Alan Hassenflu with Fidelis as well as Mr. Glen Arello, a partner in the firm, to provide Council with a presentation of the proposed plan development for San Jacinto Marketplace. Mr. Hassenflu thanked Council for allowing them to present their plan development for the former San Jacinto Mall, which will not be called San Jacinto Marketplace. He informed them that after six and a half years since they bought the property, they now own every tract of land that comprises the mall, which includes the Macy's and JCPenney tracts, which held out about four years for them to buy. Macy's has a right to remain on site until March 7, 2022, and JCPenney has a right to remain on site until February 1, 2022. Mr. Hassenflu proceed to go through a PowerPoint presentation, which provided Council different views of the proposed development that consists of 104 acres that includes a 453,000 square foot retail center, 2 hotel tracts, 2 office tracts, as well as several restaurants and residential units, that will be approximately 600 units in 2 phases. He noted that the logo they plan to use contains the San Jacinto Monument, the Fred Hartman bridge, as well as other distinctive features. The development would include pedestrian walkways and bike trails that you will be able to access throughout the entire property. In his closing comments, Mr. Hassenflu noted that although they had envisioned it taking two to three years to get to this point, it had actually taken six and a half years and he thanked everyone for their patience. He noted that the remainder of the demolition will occur sometime in April through about July or August, and it will be entirely land at that point. Their goal is to have a grand opening in December 2023. Mayor Capetillo opened the floor for questions and comments on behalf of Council. City Council Regular Meeting Minutes October 14, 2021 Page 6 of 29 Mayor Capetillo noted that Mr. David Isaac had signed up to speak regarding Item 4.a., and had him come forward to present his comments. Mr. David Isaac, a resident of Baytown, indicated that he had a few comments in regards to the presentation provided by Fidelis. First of all, they heard the developer mention that they had taken longer than usual to get to this point. It was supposed to take two and half years or so, but it has taken them six year, which to him is an entire generation. From what he understood, the agreement they made with the City, is that if they did not have it done by March, then they would owe the City $3.5 million, which Council Member noted it was $3.25 million. Mr. Isaac stated that he is interested in enforcing contracts, forcing what is available to them when someone does not uphold their end of the bargain. They have seen an entire generation pass by this mall and seen people having to drive all the way to Baybrook Mall. They have seen young folks decide to indulge in troublesome behavior because they have nowhere to go. He did not come here today to hear another presentation to buy more time for this developer, since they have had plenty of time to get it done. He is here to speak on behalf of the people that want to see it get done. As a business owner, entrepreneur, someone who is in the public field, he would like to see this company address the $3.25 million that they owe the City, considering that they are spending tax payer's money, somebody's investment. Lastly, he noted that COVID was not an excuse, it was a reason for them to push forward and work harder. The Council Members expressed their comments, concerns and issues as it related to the San Jacinto Marketplace development. Mayor Capetillo returned to the regular order of the agenda with item 3.a. 3. PROPOSED ADOPTION OF SCHEDULE OF DRAINAGE CHARGES FOR THE CITY'S MUNICIPAL DRAINAGE UTILITY SYSTEM a. Conduct a public hearing at 6:45 p.m. regarding the proposed adoption of a schedule of drainage charges for the City's Municipal Drainage Utility System. At 7:39 P.M., Mayor Capetillo opened and conducted the public hearing regarding the proposed adoption of a schedule of drainage charges for the City's Municipal Drainage Utility System. City Engineer Erwin Burden summarized the subject of the public hearing regarding agenda item 3.a., and noted that this item is for a proposed amendment to the stormwater fee, which is on the water bill. They are proposing to revise it from the existing $3 to $4 per residential unit. The fee schedule provided is actually the commercial component, which is based on the impervious cover, which is pavement, roofs, and parking of commercial businesses, and is a prorated amount based on the residential unit. He noted that this was also discussed at the budget hearings and was part of the current budget. With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed the public hearing at 7:41 P.M. b. Consider an ordinance amending Chapter 98 "Utilities," Article VI "Stormwater," Division 1 "Generally," Section 98-473 "Municipal Drainage Utility System City Council Regular Meeting Minutes October 14, 2021 Page 7 of 29 Charges," Subsection (a) "Fees" of the Code of Ordinances, Baytown, Texas, to amend the schedule of drainage charges for the City's Municipal Drainage Utility System. A motion was made by Council Member Charles Johnson and seconded by Council Member Jacob Powell to approve Ordinance No. 14,879, related to Item 3.b. However, there was further discussion prior to the vote. The vote for the motion on the table 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, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI "STORMWATER," DIVISION 1 "GENERALLY," SECTION 98-473 "MUNICIPAL DRAINAGE UTILITY SYSTEM CHARGES," SUBSECTION (A) "FEE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE MUNICIPAL DRAINAGE UTILITY SYSTEM FEES FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED ANNEXATION AND REZONING AT SOUTHEAST INTERSECTION OF SJOLANDER AND IH-10 a. Consider an ordinance for the second and final reading of the proposed annexation of approximately 59.25 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10. Principal Planning Manager Francesca Linder summarized agenda items 5.a. through 5.d. together as they were associated. She noted that Council had previously reviewed the subject property as they had held two public hearings on the matter. She indicated that the 59.25 acres had actually been split into two tracts for the zoning, as they will only be considering the eastern portion, which is approximately 34 acres. With that being said, the 59.25 acres does have a development agreement from 2017, which basically extended annexing the property into the City of Baytown for a period of 7 years or until ready for development. At this time, they have received a petition for the annexation and they are ready to move forward. The subject property will be placed into Council District 5. Staff is available to answer any questions at this time. A motion was made by Council Member Jacob Powell and seconded by Council Member Charles Johnson to approve Ordinance No. 14,848, related to Item 5.a. The vote was as follows: City Council Regular Meeting Minutes October 14, 2021 Page 8 of 29 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, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 59.25 ACRES OF LAND, LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD AND INTERSTATE 10, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance adding the newly annexed properties generally described as approximately 59.25 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10, into Council District No. 5. A motion was made by Council Member Jacob Powell and seconded by Council Member Charles Johnson to approve Ordinance No. 14,880, related to Item 5.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, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,880 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 59.25 ACRES OF LAND, LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD AND INTERSTATE 10 TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 14, 2021 Page 9 of 29 C. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 34.07 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10 from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. At 7:45 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request to amend the official zoning map to rezone approximately 34.07 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10 from an Open Space Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. Principal Planning Manager Francesca Linder summarized the subject of the public hearing regarding agenda item 5.c., which as previously stated, this is just for the 34.07 acres on the eastern side of this property. It is east of a gully that splits this property. The applicant has requested Light Industrial for this tract, which is also adjacent to about a 200-acre tract that is also Light Industrial, and the applicant has both properties under contract. They are looking to develop this area mostly for stormwater retention for a logistic center for the area. Ms. Linder noted that the applicant, Mr. Don Dennis, was present to provide additional information or answer any questions on behalf of Council. Lastly, Ms. Linder noted that the Planning and Zoning Commission have recommended approval for this item. With there being no one registered to speak regarding agenda item 5.c., Mayor Capetillo closed the public hearing at 7:49 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map to rezone 34.07 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10 from an Open Space/Recreation (OR) Zoning District to a Light Industrial (LI) Zoning District. A motion was made by Council Member Jacob Powell and seconded by Council Member Charles Johnson to approve Ordinance No. 14,881, related to Item 5.d. However, there was further discussion prior to the vote. The vote for the motion on the table 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, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,881 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 34.07 ACRES OF LAND, LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF City Council Regular Meeting Minutes October 14, 2021 Page 10 of 29 SJOLANDER ROAD AND INTERSTATE 10 FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. SPECIAL USE PERMIT FOR A PROPOSED RAIL YARD - 9300 NEEDLEPOINT ROAD EXPANSION a. Conduct a public hearing concerning a request for a Special Use Permit for a proposed rail yard on approximately 5.77 acres, generally located north and south of Needlepoint Road and approximately 6,000 feet east of Sjolander Road. At 7:49 P.M., Mayor Capetillo opened and conducted the public hearing concerning a request for a Special Use Permit for a proposed rail yard on approximately 5.77 acres, generally located north and south of Needlepoint Road and approximately 6,000 feet east of Sjolander Road. Chief Building Official Russell Davidson summarized the subject of the public hearing regarding agenda item 6.a. and noted that this item was for a Special Use Permit for 9300 Needlepoint. The Special Use Permit is only focused on 5.77 acres of the property and it is a sixty -one -car rail yard to house empty rail cars waiting to be filled. He noted that there would be four tracks, two drop - and -pulls to house empty cars, and they would immediately remove the full cars when available. He noted the applicant was available to answer questions or present additional information regarding the project. Mayor Capetillo noted that three (3) individuals had signed up to speak regarding this item, Mr. Brandon Musser, Mr. Brandon Guillory, and Ms. Stephanie Byrars. However, he opened the floor for questions or comments on behalf of Council. Council Member Johnson inquired as to whether the rail cars on the site would be stored there for an extended period of time. Mr. Davidson answered that the only reason that the rail cars would be stored for any period of time is if there was some sort of natural disaster or hurricane that would cause Union Pacific to stop moving rail cars. He noted they probably filled the rail cars, maybe twenty thousand gallons at a time, whatever their tanks hold, so as they produce, they fill, and as they drop off new rail cars, they take with them what is filled. f lowever, the applicant could probably explain that in a little greater detail. Mr. Brandon Musser, the applicant with RITD, noted that no, their intent is not to store anything as the site for any length of time. Due to the nature of the rail business, and because they have two railroads, Union Pacific ("UP") and Burlington Northern ("BN"), that serve their site, they have to have very specific dedicated tracts that do certain things. The indicated drop -and -pull is like a mailbox, cars being dropped off, cars being picked up; therefore, at any given time, out of two tracks, only one's in use because the UP or the BN will use the other one to pick up the outbound car from the first track and depart. Mr. Musser further noted that they added extra capacity because of the tropical environment, and the fact that they have freezes. We have service interruptions and it is safer for the plant to continue to operate at a ratable pace rather than try to do starts and stops City Council Regular Meeting Minutes October 14, 2021 Page 11 of 29 because of service interruption so, the capacity gives them a surge in the ability to maintain safety and do things right, and then resume operations when the railroads resume their operations. Council Member Betancourth inquired as to whether they are building a rail yard to take in the existing traffic or are they adding cars to that line, and Mr. Musser answered that currently, they are shipping all these products that are already on site and it is being shipped by truck, about 2,100 trucks a year. The purpose of this is to take those trucks off the road, put them in rail cars, at a rate of loading of two cars per day and then ship those cars north from the location. All traffic for the UP and the BN travels north, out of the City of Baytown so, that is the reason they are doing this since it is much safer to ship by rail than by truck. Ms. Betancourth noted that the reason she made that comment is that this is an extremely congested rail line and Union Pacific is highly under - regulated. There are neighborhoods that are just constantly blocked in by the enormous long lines of rail cars that this line has and she is surprised it can take any more capacity. Mr. Musser reiterated that the purpose of adding the excess capacity is in order to minimize interruption, one - stop, drop it off, pick it up, depart north to Mont Belvieu, and ultimately back to Houston. Council Member Powell addressed the concerns of noise of the operating rail yard; however, it was indicated on the application that they would not do any switching at nighttime and they would not to the kicking so those two things will help with sound for the neighborhoods nearby. He asked Mr. Musser if the subject property flooded during Harvey, which he was not sure. Ms. Stephanie Bryars, who works at the Baytown facility answered that it did flood near the Cedar Bayou area, on the north end of the property rather than on the south near Needlepoint. Mr. Davidson indicated that typically structures like these do not have to meet floodplain requirements; however, anything construction -wise that was requiring a permit through the City would go through the Floodplain Administrator to ensure compliance. Mr. Musser stated that it is incumbent upon them as rail designers to make sure they keep the wheel bearings at all times out of the water, so they do not have to replace all the wheelsets as it is very costly so, that has been taken into an account to make sure they keep the product, the wheels from the top rail and keep it out of the water. With there being no one else registered to speak regarding agenda item 6.a., Mayor Capetillo closed the public hearing at 7:59 P.M. b. Consider an ordinance for a special use permit for a proposed rail yard on approximately 5.77 acres, generally located north and south of Needlepoint Road and approximately 6,000 feet east of Sjolander Road. A motion was made by Council Member Jacob Powell and seconded by Council Member Charles Johnson to approve Ordinance No. 14,882, related to Item 6.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 Jacob Powell, and Council Member Mike Lester Nays: Council Member Heather Betancourth Approved City Council Regular Meeting Minutes October 14, 2021 Page 12 of 29 ORDINANCE NO. 14,882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT FOR A PROPOSED RAIL YARD ON APPROXIMATELY 5.77 ACRES, GENERALLY LOCATED NORTH AND SOUTH OF NEEDLEPOINT ROAD AND APPROXIMATELY 6,000 FEET EAST OF SJOLANDER ROAD; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. BAY CREEK DEVELOPMENT - PUBLIC IMPROVEMENT DISTRICT a. Consider an ordinance authorizing a development agreement with Castlerock Communities, L.P., for the Bay Creek Development. Assistant City Manager Nick Woolery summarized agenda items Ta. through 7.c. together as they were associated. He noted that the first item was the development agreement with Castle Rock, the second item was the professional services payment agreement, which is basically the arrangement for how the City's services get paid through the PID, and the third item would authorize the creation of the PID itself. This is the second public improvement district that City is looking to initiate. Castle Rock is looking to do two -hundred sixty-six homes, a single-family neighborhood on the northeast corner of North Main and Wallisville. He provided Council the general site plan on the screen for this development as well as an overview of the details in the development agreement, which they enforce. Mr. Woolery noted that staff recommends approval of the items and is available to answer any questions. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson to approve Items Ta. through 7.c., as they were related. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Charles Johnson, Council Member Chris Presley, Council Member fleather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A DEVELOPMENT AGREEMENT WITH CASTLEROCK COMMUNITIES, L.P., FOR THE BAY CREEK DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 14, 2021 Page 13 of 29 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. ORDINANCE NO. 14,884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES PAYMENT AGREEMENT WITH CASTLEROCK COMMUNITIES, LLC, REGARDING THE EXPENSES ASSOCIATED WITH BAY CREEK PUBLIC IMPROVEMENT DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution authorizing the creation of the Bay Creek Public Improvement District. RESOLUTION NO. 2750 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND CREATING THE BAY CREEK PUBLIC IMPROVEMENT DISTRICT IN THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 8. PROPOSED ORDINANCES a. Consider an ordinance for the first reading of the proposed Limited Purpose Annexation of approximately 514.39 acres, located generally North of East Wallisville Road and West of Garth Road. Principal Planning Manager Francesca Linder presented the item and noted that this was for the first reading of the Limited Purpose Annexation of Baytown Crossing, otherwise known as Friendswood Development. The Council had previously held two public hearings on this matter, and this is not the final step as they will have to come before City Council again for the final reading which will happen in November. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth to approve Ordinance No. 14,885, 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, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,885 City Council Regular Meeting Minutes October 14, 2021 Page 14 of 29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, FOR LIMITED PURPOSES, AND THE LIMITED PURPOSE ANNEXATION OF APPROXIMATELY 514.39 ACRES, LEGALLY DESCRIBED AS TRACTS 1-6, ABSTRACT NO. 620, TALCOTT PATCHING SURVEY, HARRIS COUNTY, TEXAS, LOCATED GENERALLY NORTH OF EAST WALLISVILLE ROAD AND WEST OF GARTH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the following Tax Abatement Agreement: _ 74ame of Owner jPort 10 Logistics, LLC Name of Applicant lan D. Feinsilver, President of Port 10 Logistics, LLC Name of Reinvestment Zone Port 10 Reinvestment Zone Location of Reinvestment Zone 246.7988-acre tract of land located east of Thompson Description of the General Nature iof the Improvements Istimated Cost of the mprovements Road and South of I-10, Harris County, Texas One institutional -grade industrial building of approximately 102,814 square feet for distribution/warehouse purposes I$5,500,000.00 A motion was made by Council Member Charles Johnson and seconded by Council Member Mike Lester to approve Ordinance No. 14,886, related it Item 8.b. However, there was discussion prior to the vote. Mayor Capetillo noted that Mr. David Isaac had signed up to speak regarding this item and asked him to come forward to present his comments. Mr. David Isaac, a resident of Baytown, requested a clarification in regards to the estimated cost of improvements of $5.5 million, does that include the entire abatement we are giving them, or are we waiving $5.5 million that they are supposed to pay, or the tax associated with the $5.5 million, and if so, how much is it. Assistant City Manager Woolery clarified that the cost of their improvements is $5.5 million, that is how much they are investing on their site. Mr. Isaac proceeded to state that there are several other companies out there that want to develop plans, create land, or create subdivisions, some of which are getting tax abatements to this size. He believed that the Council needs to consider, be more mindful, and to use the best discretion when giving tax abatements on the back of the taxpayers. City Council Regular Meeting Minutes October 14, 2021 Page 15 of 29 The vote for the motion on the table 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, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,886 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A TAX ABATEMENT AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED WITHIN THE PORT 10 LOGISTICS REINVESTMENT ZONE WITH PORT 10 LOGISTICS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Joinder and Amendment No. 02 to the Interlocal Agreement with Harris County and the Harris Center for Mental Health and IDD for the Clinician and Officer Remote Evaluation Program. Assistant Chief Mike Holden presented the item and noted that this was in regards to the Clinician Officer Remote Evaluation Program, that they developed and are working on the contract with Harris County and Harris Health System as this would allow them to work with Harris County to receive those twenty (20) iPads for the Mental Health Officers. Council Member Johnson inquired as to whether they are looking to expand the program to encompass Chambers County so that all of the City could benefit from this program. Assistant Chief Holden noted some of the issues they would have in regards to the ability of working through the Chambers County Health remote system, but they will definitely look into that in the future to be able to expand and partner with Chambers County. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 14,887, related it Item 8.c. 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, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes October 14, 2021 Page 16 of 29 ORDINANCE NO. 14,887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING JOINDER AND AMENDMENT NO. 02 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY AND THE HARRIS CENTER FOR MENTAL HEALTH AND IDD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. PROPOSED RESOLUTIONS a. Consider a resolution granting the petition for the proposed annexation of approximately 34.45 acres of privately -owned land consisting of 3 parcels, located generally near the northwest intersection of John Nlartin Road and Interstate 10. Principal Planning Manager Francesca Linder presented the item and noted that this was the first step in granting a voluntary petition for annexation. The subject area is located north of Interstate 10 and west of John Martin. She noted that the property owner also owns a large tract of land immediately to the east of it and they are looking to re -zone the entire approximately 98 acres to General Commercial, which they will bring before Council for consideration at future meetings. A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member Chris Presley to approve Resolution No. 2751, related it Item 9.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, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2751 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE VOLUNTARY ANNEXATION OF CERTAIN PROPERTY OWNED BY CIIARLES H. COX, AND DESCRIBED AS APPROXIMATELY 36.45 ACRES OF LAND CONSISTING OF THREE (3) TRACTS SITUATED IN THE TALCOTT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS COUNTY, TEXAS, LOCATED GENERALLY NEAR THE NORTHEAST INTERSECTION OF JOHN MARTIN ROAD AND INTERSTATE 10; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 14, 2021 Page 17 of 29 b. Consider a resolution approving the City of Baytown Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act, Section 2256.005(e) for the addition of an investment officer. Finance Director Victor Brownlees presented the item and noted that at their last Council meeting they had some discussion on this item. After speaking to Council Member Presley and the Finance Committee, he wanted to confirm that the investment officer will continue to act under his direction as the designated City Treasurer within the terms of the City Charter, the normal controls of the pliant in terms of segregation of duties, and the proper qualifications. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth to approve Resolution No. 2752, related it Item 9.b. However, there was discussion prior to the vote. Council Member Presley provided his comments and concerns in regards to this matter. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: Council Member Chris Presley Approved RESOLUTION NO. 2752 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND STRATEGY STATEMENT IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution directing the preparation of a service plan for the involuntary annexation of property situated in Industrial District No. 2 and owned by Gulf Coast Fractionators, consisting of two tracts, described as approximately 1.5 acres situated in Ilannah Nash Survey, Abstract 20, and approximately 50 acres situated in W.D. Smith Survey, Abstract 24, Chambers County, Texas, along with such property, if any, necessary to make such property contiguous to the corporate limits of the City of Baytown. Assistant City Manager Nick Woolery presented the item and noted that this was the start of the annexation process and they are very hopeful that this process will not continue to the end. Staff is actively working with Gulf Coast Fractionators on their Industrial District Agreement because it is not signed to date; however, they do need to start the process. A motion was made by Mayor Pro Tem Laura Alvarado and seconded by Council Member Charles Johnson to approve Resolution No. 2753, related it Item 9.c. The vote was as follows: City Council Regular Meeting Minutes October 14, 2021 Page 18 of 29 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, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2753 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PREPARATION OF A SERVICE PLAN FOR THE INVOLUNTARY ANNEXATION OF CERTAIN PROPERTY OWNED BY GULF COAST FRACTIONATORS, CONSISTING OF TWO TRACTS, DESCRIBED AS APPROXIMATELY 1.5 ACRES SITUATED IN HANNAH NASH SURVEY, ABSTRACT 20, AND APPROXIMATELY 60 ACRES SITUATED IN W.D. SMITH SURVEY, ABSTRACT 24, CHAMBERS COUNTY, TEXAS, ALONG WITH SUCH PROPERTY, IF ANY, NECESSARY TO MAKE SUCH PROPERTY CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. CONSENT Mayor Capetillo noted that Mr. David Isaac had signed up to speak in regards to Consent Agenda Item 10.c. A motion was made by Council Member Charles Johnson and seconded by Council Member Mike Lester to approve Consent Agenda Items 10.a. through l0.bb., as submitted. However, there was discussion prior to the vote. The vote for the motion on the table 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, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance for the purchase and installation of a Basketball Court Pavilion and slab at Newcastle Park to Kraftsman, L.P., through the Texas Local Government Purchasing Cooperative (Buy Board). City Council Regular Meeting Minutes October 14, 2021 Page 19 of 29 ORDINANCE NO. 14,888 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY-FIVE THOUSAND FIFTY-EIGHT AND 72 100 DOLLARS ($185,058.72) TO KRAFTSMAN, L.P., FOR THE PURCHASE AND INSTALLATION OF A BASKETBALL COURT PAVILION AND SLAB AT NEWCASTLE PARK, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance awarding the Annual Demolition of Residential Structures Contract. ORDINANCE NO. 14,889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE HID OF K & K TRACTOR SERVICE LLC, FOR THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the First Amendment to the Sign Agreement with San Jacinto Methodist Hospital, d/b/a Houston Methodist Baytown, in order to amend the allowed signage on its property located at 4401 Garth Road, Baytown, Texas. Mr. David Isaac, a resident of Baytown, noted that in regards to signage with San Jacinto Central Hospital, they just heard a speech regarding the procedure and how things are supposed to move through the Council Administration accordingly. However, he has not seen the Sign Committee meet within this year and he believes that it is a crucial component of the list of committees appointed by the Council, whose elected by the people, to be a part of this process. So, that's the lapse of trust that we're discussing, not just private business but with the government well. He stated that he would like to see more community participation with a lot of these laws that they are making, especially as a pertains to the committees listed on the city's website like our Sign Committee and noted that if they need somebody to join, they can. ORDINANCE NO. 14,890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE SIGN AGREEMENT WITH SAN JACINTO METHODIST HOSPITAL, D RA HOUSTON METHODIST BAYTOWN, IN ORDER TO ALLOW CERTAIN SIGNS TO BE ERECTED ON ITS PROPERTY LOCATED AT 4401 GARTH City Council Regular Meeting Minutes October 14, 2021 Page 20 of 29 ROAD, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Mutual Aid Agreement with fire protection service providers located in Harris County both to provide and receive emergency services. ORDINANCE NO. 14,891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A MUTUAL AID AGREEMENT WITH FIRE PROTECTION SERVICE PROVIDERS OF OTHER GOVERNMENTAL ENTITIES IN HARRIS COUNTY FOR EMERGENCY SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an interlocal agreement with the Baytown Fire Control, Prevention, and Emergency Medical Services District for the funding of a 2022 Ford F-450 Diesel 4X2 Regular Cab Chassis and Frazer Type 1141 Ambulance. ORDINANCE NO. 14,892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT FOR THE FUNDING OF AN AMBULANCE WITH THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance approving an amendment to the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2021-2022 Budget, in order to transfer monies from Contingency/New Initiatives (20701-99001) to Outside Contracts (20701-85011) for Change Order No. 1 for the Industrial Exterior Gas -Fired Training Props and Thermal Lining Project for the Fire Training Center. ORDINANCE NO. 14,893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AMENDMENT TO T1lE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT'S FISCAL YEAR 2021-22 BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing an Interlocal Agreement for Funding of Change Order No. 1 for the Industrial Exterior Gas -Fired Training Props and Thermal Lining Project for the Fire Training Center with the Baytown Fire Control, Prevention, and Emergency Medical Services District. City Council Regular Meeting Minutes October 14, 2021 Page 21 of 29 ORDINANCE NO. 14,894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT FOR FUNDING OF CHANGE ORDER NO. 1 FOR THE INDUSTRIAL EXTERIOR GAS -FIRED TRAINING PROPS AND THERMAL LINING PROJECT FOR THE FIRE TRAINING CENTER WITH THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing Change Order No. 1 with Kirila Fire Training Facilities, Inc., for the industrial exterior gas -fired training props and thermal lining for the Fire Training Center. ORDINANCE NO. 14,895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING, SUBJECT TO THE RECEIPT OF FUNDING FROM THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, CHANGE ORDER NO. 1 WITH KIRILA FIRE TRAINING FACILITIES, INC., FOR THE INDUSTRIAL EXTERIOR GAS -FIRED TRAINING PROPS AND THERMAL LINING PROJECT FOR THE FIRE TRAINING CENTER IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND THREE HUNDRED AND NO: 100 DOLLARS ($102,300.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance renewing the Annual Fire Ilydrants Contract with Ferguson Enterprises, LLC. ORDINANCE NO. 14,896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL FIRE HYDRANTS CONTRACT WITH FERGUSON ENTERPRISES, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF SEVENTY-NINE THOUSAND FIVE HUNDRED THIRTY-SEVEN AND 89100 DOLLARS ($79,537.89); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance rejecting all bids for the Lincoln Cedars and Julie Ann Villa Drainage Improvements CDBGDR Project. ORDINANCE NO. 14,897 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING ANY AND ALL BIDS RECEIVED FOR THE LINCOLN City Council Regular Meeting Minutes October 14, 2021 Page 22 of 29 CEDARS AND JULIE ANN VILLA DRAINAGE IMPROVEMENTS CDBG-DR PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing an Agreement for Consulting Services to provide on -call engineering services with Kimley-Horn and Associates, Inc., to assist the Public Works and Engineering Department with plan reviews and miscellaneous engineering services. ORDINANCE NO. 14,898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE ON -CALL ENGINEERING SERVICES TO ASSIST WITH PLAN REVIEWS AND MISCELLANEOUS ENGINEERING SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO 100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the fourth renewal of the Annual Residential Solid Waste Collection, Disposal, and Recycling Services Contract with Waste Management of Texas, Inc. ORDINANCE NO. 14,899 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL RESIDENTIAL SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICES CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC.; AUTHORIZING T11E PAYMENT OF FIVE MILLION TWO HUNDRED FIFTY-FIVE THOUSAND SIX 1iUNDRED FORTY AND NO 100 DOLLARS ($5,255,640.00) TO WASTE MANAGEMENT OF TEXAS, INC.; MAKING OTHER PROVISIONS RELATED T1iERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. in. Consider an ordinance authorizing an annual contract with Cubic ITS, Inc., for the purchase of traffic cabinets and related materials through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 14,900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING T14E PAYNIENT OF TWO HUNDRED FORTY THOUSAND AND NOS 100 DOLLARS ($240,000.00) TO CUBIS ITS, INC., FOR THE PURCHASE OF TRAFFIC SIGNAL CABINETS AND RELATED MATERIALS, THROUGH THE TEXAS LOCAL GOVERNMENT PURC1iASING COOPERATIVE (BUY BOARD); MAKING OTIIER City Council Regular Meeting Minutes October 14, 2021 Page 23 of 29 PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing the purchase of two (2) sets of Stertil- Koni Column Lifts from Reeder Distributors, through Buyboard, for the Public Works Department. ORDINANCE NO. 14,901 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-TWO THOUSAND SIXTY AND NO/100 DOLLARS ($82,060.00) TO REEDER DISTRIBUTORS FOR THE PURCHASE OF TWO (2) SETS OF STERTIL-KONI COLUMN LIFTS, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance renewing the Annual Thermo Pavement Markings Contract with Highway 1, LLC. ORDINANCE NO. 14,902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT WITH HIGHWAY 1, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF ONE HUNDRED FIFTY THOUSAND AND NO' 100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance approving a consulting services agreement between the Baytown Area Water Authority and Ardurra Group, LLC, for the Baytown Area Water Authority Raw Water Pumps Rehabilitation Project. ORDINANCE NO. 14,903 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CONSULTING SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND ARDURRA GROUP, LLC, FOR THE BAYTOWN AREA WATER AUTHORITY RAW WATER PUMPS REHABILITATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance approving Change Order No.13 with Pepper Lawson Waterworks, LLC, for the BAWA 6 MGD Surface Water Treatment Plant. City Council Regular Meeting Minutes October 14, 2021 Page 24 of 29 ORDINANCE NO. 14,904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 13 BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PEPPER LAWSON WATERWORKS, LLC, FOR THE BAWA 6 MGD SURFACE WATER TREATMENT PLANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance renewing the Annual Repair Clamps Contract with ACT Pipe and Supply, Inc. ORDINANCE NO. 14,905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL REPAIR CLAMPS CONTRACT WITH ACT PIPE & SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT THOUSAND SIX HUNDRED EIGHTY-EIGHT AND 88100 ($108,688.88); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Consider an ordinance authorizing the purchase of seven (7) Dodge Police vehicles and related emergency equipment with installation from Grapevine Dodge Chrysler Jeep LLC., through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 14,906 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FIFTY-TWO THOUSAND SIXTY-FIVE AND NO100 DOLLARS ($252,065.00) TO GRAPEVINE DODGE CHRYSLER JEEP LLC, FOR THE PURCHASE OF SEVEN (7) DODGE POLICE VEHICLES AND RELATED EMERGENCY EQUIPMENT WITH INSTALLATION, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider an ordinance authorizing the purchase of twelve (12) Chevrolet Police Vehicles, related emergency equipment and installation from Caldwell Country Chevrolet, through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 14,907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVEN HUNDRED NINETY- SEVEN THOUSAND FOUR HUNDRED THIRTY-FOUR AND NO1100 DOLLARS ($797,434.00) TO CALDWELL COUNTRY CHEVROLET FOR City Council Regular Meeting Minutes October 14, 2021 Page 25 of 29 THE PURCHASE OF TWELVE (12) CHEVROLET POLICE VEHICLES, RELATED EMERGENCY EQUIPMENT AND INSTALLATION, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance authorizing the purchase of one (1) 2022 Ford F-450 Diesel 4X2 Regular Cab Chassis and Frazer Type I 14' Ambulance from Sterling McCall Ford, through the Houston -Galveston Area Council, for the Fire Department. ORDINANCE NO. 14,908 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING, SUBJECT TO THE RECEIPT OF Ft. !DING FROM THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, THE PAYMENT OF TWO HUNDRED FORTY-EIGHT THOUSAND SIX HUNDRED EIGHTY-FIVE AND N0.100 DOLLARS ($248,685.00) TO STERLING MCCALL FORD, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL, FOR THE PURCHASE OF ONE (1) 2022 FORD F-450 DIESEL 4X2 REGULAR CAB CHASSIS AND FRAZER TYPE I 14' AMBULANCE FOR THE FIRE DEPARTMENT, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. V. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City of Baytown's property and casualty insurance. ORDINANCE NO. 14,909 AN ORDINANCE OF THE CITY COUNCIL OF T1IE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL PROPERTY AND CASUALTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED SEVENTY-ONE THOUSAND TWO HUNDRED SIXTY-FOUR AND N0 100 DOLLARS ($1,171,264.00) FOR THE ANNUAL PROPERTY AND CASUALTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTIIER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. W. Consider an ordinance authorizing an Industrial District Agreement with Plastic Express. City Council Regular Meeting Minutes October 14, 2021 Page 26 of 29 ORDINANCE NO. 14,910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND ā¯‘IRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH PLASTIC EXPRESS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. X. Consider an ordinance authorizing an Industrial District Agreement with CenterPoint Energy Houston Electric, LLC. ORDINANCE NO. 14,911 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 CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Y. Consider an ordinance authorizing an Industrial District Agreement with P8/CPL 1 Propco, LLC. ORDINANCE NO. 14,912 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 P8/CPL 1 PROPCO, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Z. Consider an ordinance authorizing an Industrial District Agreement with TGS Cedar Port Partners LP. ORDINANCE NO. 14,913 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 WIT1I TGS CEDAR PORT PARTNERS LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. aa. Consider an ordinance authorizing an Industrial District Agreement with FlexSteel Pipeline Technologies, Inc. City Council Regular Meeting Minutes October 14, 2021 Page 27 of 29 ORDINANCE NO. 14,914 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 FLEXSTEEL PIPELINE TECHNOLOGIES, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. bb. Consider a resolution renewing the Baytown Revitalization Incentive Zone, a neighborhood empowerment zone within a portion of the City of Baytown. RESOLUTION NO. 2754 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE BAYTOWN REVITALIZATION INCENTIVE ZONE, A NEIGHBORHOOD EMPOWERMENT ZONE WITHIN A PORTION OF THE CITY OF BAYTOWN; MAKING APPROPRIATE FINDINGS RELATED THERETO; EXERCISING MUNICIPAL POWERS TO ESTABLISH INCENTIVES WITHIN THE ZONE; ESTABLISHING THE EFFECTIVE AND EXPIRATION DATES OF THE ZONE AND A MECHANISM FOR RENEWAL OF THE ZONE; AND PROVIDING FOR THE EFFECTIVE DATE TIIEREOF. 11. APPOINTMENTS a. Consider a resolution nominating a person to serve on the Board of Directors of the Harris County Appraisal District. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson, to appoint Mr. Mike Sullivan to serve on the Board of Directors of the Harris County Appraisal District, based on the Finance Committee recommendation. 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, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2755 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, C NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 14, 2021 Page 28 of 29 b. Consider a resolution nominating a person to serve on the Board of Directors of the Chambers County Appraisal District. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson to appoint Mr. Etienne Williams to serve on the Board of Directors of the Chambers County Appraisal District, based on the Finance Committee recommendation. 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, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING ONE OR MORE CANDIDATES FOR POSITIONS ON THE BOARD OF DIRECTORS OF THE CHAMBERS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. MANAGER'S REPORT City Manager Rick Davis presented kudos to Ms. Sabrina Martin, the Community Engagement Coordinator, for the incredible outreach efforts toward the neighbors of Glenn Wood, and with the assistance of Public Works and Engineering, they were able to get a lot of their questions answered and address issues for their neighborhood. 13. EXECUTIVE SESSION a. 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 the proposed opioid settlements. At 8:32 P.M., Mayor Capetillo recessed into and convened an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding the proposed opioid settlements. At 8:47 P.M. Mayor Capetillo reconvened the regular meeting and announced that in accordance with Section 551.102 of the Texas Government Code, no action was taken in the executive sessions. City Council Regular Meeting Minutes October 14, 2021 Page 29 of 29 14. PROPOSED ORDINANCE a. Consider an ordinance authorizing the Subdivision Settlement Participation Forms for Johnson & Johnson and for AmerisourceBergen, Cardinal Health and McKesson; and adopting the Texas Term Sheets and allocation schedule. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell, to approve Ordinance No. 14,915, related to Item 14.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, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,915 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING SUBDIVISION SETTLEMENT PARTICIPATION FORMS FOR OPIOID SETTLEMENTS WITH JOHNSON & JOHNSON AND WITH AMERISOURCEBERGEN, CARDINAL HEALTH AND MCKESSON; AND ADOPTING THE TEXAS TERM SHEET AND ITS INTRASTATE ALLOCATION SCHEDULE REGARDING PROPOSED OPIOID SETTLEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 15. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the October 14, 2021, City Council Regular Meeting at 8:48 P.M. Angela JacRson, City of Baytown