2021 12 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
December 9, 2021
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
December 9, 2021, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market
Street, Baytown, Texas with the following in attendance:
Laura Alvarado
Mayor Pro Tern
Chris Presley
Council Member
Charles Johnson
Council Member
Jacob Powell
Council Member
Mike Lester
Council Member
Brandon Capetillo Mayor
Rick Davis
City Manager
Karen Horner
City Attorney
Trevor Fanning
First Assistant City Attorney
Angela Jackson
City Clerk
Mike Holden
Sergeant at Arms
Mayor Capetillo convened the December 9, 2021, City Council Regular Meeting with a quorum
present at 6:32 P.M., all members were present with exception of Council Member Heather
Betancourth, who was absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Mayor Pro Tern Laura Alvarado.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on October 28, 2021.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Chris Presley to approve the meeting minutes of the City Council Work Session and Regular
Meeting held on October 28, 2021, as submitted. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
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December 9, 2021
Page 2 of 30
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize City of Baytown Employees for their Years of Service.
Human Resources Director Carol Flynt presented the item and provided a video presentation for
all the individuals that received the years of service awards for the month of December.
5 YEAR
Anna Flores, Police, Patrol Officer
Isaiah Lazenby, Police, Detention Officer
10 YEAR
Maria Ibarra, Police, Detention Officer
Lloyd Lively, Public Affairs, Multimedia Specialist
Criscelda Curry, Municipal Court, Senior Court Clerk
Ana Guillot, Municipal Court, Court Administrator
15 YEAR
Mikel Marino, Parks, Heavy Equipment Specialist I
20 YEAR
Maria Alcantar, Police, Administrative Assistant
b. Recognition of the City of Baytown Strategic Planning Advisory Committee (SPAC)
8th grade essay contest winners.
Assistant to the City Manager Brian Moran presented the item and began by first mentioning
they were currently in the process of developing their five-year strategic plan. The Baytown
Strategic Planning Advisory Committee ("SPAC") had gone through a series of community
engagement activities, such as: hosting stakeholder focus group meetings; community
workshops; solicited feedback through surveys; and conducted series of interviews. He noted
another way they solicited feedback was by partnering with GCCISD to sponsor an essay contest
for the district's W" grade English classes with the prompt, "I want to live in a city that...," which
each student explained and described the qualities and characteristics of what they would like to
see in the future.
SPAC was provided with the top ten essays from each campus, for a total of sixty essays. Out of
the sixty, they selected the top three they believed represented the best vision for Baytown's
future. The recognized students and their teachers were as followed:
• Khyati Singh, E.F. Green Middle School, Teacher Austin Lindsey
• Amaya Alanis, Highlands Junior School, Teacher Julie Jackson
• Luis Magallon, Highlands Junior School, Teacher Susanne Lucas
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December 9, 2021
Page 3 of 30
Mayor Pro Tern Alvarado requested copies of the essays to which Mr. Moran agreed to supply.
Council took pictures with the winning contestants, and then proceeded to the next item.
3. PROPOSED REDISTRICTING PLAN
a. Conduct a public hearing regarding the Proposed Redistricting Plan for the City of
Baytown Based on 2020 Census Data.
At 6:40 P.M., Mayor Capetillo opened the public hearing regarding the Proposed Redistricting
Plan for the City of Baytown Based on 2020 Census Data.
First Assistant City Attorney Trevor Fanning recalled this was previously discussed at the
November 15"' Council special work session meeting and a redistricting plan is performed every
ten years and is based on census data. Dr. Robert Stein from Rice University had presented
proposed redistricting plans for Council's consideration and for any public comment.
The Mayor noted that one individual had signed up to speak, Mr. David Isaac, and asked him to
come forward to present his comments.
Mr. David Isaac, resident of Baytown, first congratulated Mayor Capetillo on being reelected. He
began his discussion by stating Council had a very important meeting a couple weeks ago where
no one from the general public was there aside from himself and another lady. Mr. Isaac noted
there were a few things that troubled him as it pertained to the ideation of the current district
map. One of the most important things he saw was a checklist covered by Dr. Stein. He noted
that in looking at the map, there were no natural geographic boundaries. Also, he pointed out that
as it pertained to maintaining communities of interest in a single district and avoid splitting
neighborhoods when drawing district boundaries, and when looking at Precincts 099, 0100,
0102, those were cracked precincts. He stated it was unfortunate for those communities within
those districts to have cracked precincts, and noted that did not fulfil this particular need.
In continuation, Mr. Isaac proceeded to discuss some of the other items on the checklist. He
noted there was only one compact and contiguous district, which was District 2. He further noted
that Dr. Stein had also stated in that meeting that they would be looking to face trouble with the
Justice Department if they did not change and realign the current districts as they stood within
four or five years. Mr. Isaac expressed, however, that hopefully the general public understands
that they will have a chance to contribute to the redistricting process going forward, and
recommended not approving it at this time.
With there being no one else signed up to speak regarding agenda item 3.a., Mayor Capetillo
closed the public hearing at 6:45 P.M., regarding the Proposed Redistricting Plan for the City of
Baytown Based on 2020 Census Data.
b. Consider an ordinance adopting the proposed redistricting plan for the City of
Baytown based upon the 2020 census data.
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December 9, 2021
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First Assistant City Attorney Trevor Fanning presented the item and stated he believed the plan
before Council matched most of the people's interests and was put forth of the two options Dr.
Stein proposed, and was attached to the ordinance for them to review.
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Laura
Alvarado to approve Ordinance No. 14,966, related to Item 3.b. However, there was discussion
prior to the vote.
Council Member Presley commented that he did believe the public had a chance to participate in
the public hearing tonight and that they had listened very astutely and earnestly to Dr. Stein and
was good with the redistricting plan. Council Member Lester wanted to confirm that it was
Option B from the last discussion that they had brought forth, and noted he was also okay with it.
Mayor Capetillo additionally commented that this was his second time redistricting. In looking at
what Dr. Stein presented, Mayor Capetillo stated that, yes, they would make sure this passed a
Department of Justice review. It was his understanding they did not want to breakup significant
neighborhoods, but they did have to follow census tracts so everything had to be broken up by
census tracts, especially in areas with a denser population. He also noted that a lot of the
discussion regarded growth, and areas of new construction may have not been captured in the
2020 census data, therefore, a lot of their questions had been based upon that. Moreover, he
further noted they could redistrict at any time, if needed. He believed it looked balanced and that
every Council Member had voiced their opinion to ensure that all citizens, as they say, and Dr.
Stein mentioned it many times, is one person, one vote. Mayor Capetillo noted that was the
gauge that they have to ensure that every citizen had the equal opportunity to go and then elect
their single -member district representative. They had seen the data that supports the plan and rely
on that as decision -makers and policymakers on this redistricting plan.
The vote for the motion on the table was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 141966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A VOTING PLAN FOR THE CITY OF BAYTOWN AS
PROVIDED BY ARTICLE NO. II, SECTIONS 12 AND 17 OF THE CHARTER
OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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4. PROPOSED ANNEXATION OF APPROXIMATELY 34.45 ACRES OF LAND
NEAR NW INTERSECTION OF JOHN MARTIN RD AND IH-10
a. Conduct a second public hearing regarding the proposed annexation of
approximately 34.45 acres, consisting of 3 parcels located generally near the northwest
intersection of John Martin Road and Interstate 10.
At 6:49 p.m., Mayor Capetillo opened the second public hearing regarding the proposed
annexation of approximately 34.45 acres, consisting of 3 parcels located generally near the
northwest intersection of John Martin Road and Interstate 10.
Assistant Director of Planning and Development Services Christopher Chavis summarized the
subject matter for the public hearing related to Item 4.a., and noted that the item was for a
voluntary annexation for approximately 34.45 acres of land. The developer, or applicant, and
property owner were hoping to use this property for general commercial. It was going forward
concurrently as a rezoning item and was currently in the Planning and Zoning Commission's
hands. Mr. Chavis further noted the property was adjacent to an area they annexed in 2017.
With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed
the public hearing at 6:50 P.M.
5. BAYVIEW HEIGHTS PUBLIC IMPROVEMENT DISTRICT
a. Discuss the proposed Bayview Heights Development Project.
Economic Development Manager Bret Gardella presented the item and noted that at the
November 15"' Special Council meeting, they were presented with a Public Improvement District
("PID") petition to create a new PID for a new housing development. Although a public hearing
was to follow, he wanted to introduce Mr. Ryan Haden with KB Home, and shared that KB
Home had not invested in the City of Baytown in over 10 years, but they are excited to be back
and will be presenting a new development they are looking to create, which will be located south
of I-10.
Mr. Haden introduced himself and began his presentation by describing the development site
located south of I- 10, along North Main Street, and the area is approximately about 55 acres. He
proceeded to provide a brief overview of the current land plan, for which they engaged LJA
Engineering. They configured the detention to be a sort of twin lake design that would be the
community's focal point and closer to North Main Street, which would include multiple water
features. Mr. Haden also noted they planned a four -acre pocket park and provided examples of
different elevations, which would be a mix of one-story and two-story products consisting of
mostly masonry. They also planned on having a monument sign feature. Mr. Haden provided an
additional example of a park they had done for Willow Wood Place that could go in their four -
acre pocket park plan. With that, Mr. Haden concluded his presentation and inquired for any
questions.
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December 9, 2021
Page 6 of 30
Council Member Johnson asked if there was going to be an access with a sidewalk from the
neighborhood to Hunt Road, and Mr. Haden answered there could be, they had currently
scheduled open space. Council Member Johnson explained he asked because he sat down with
some residents who voiced they would like to see sidewalk connectivity to thoroughfares at that
location.
Council Member Johnson additionally inquired about KB Home's last development in Baytown
and Mr. Haden replied he believed it was called Hunters Chase, located off Highway 146.
Council Member Johnson also inquired on the price points and Mr. Haden responded that, as
they built, pricing could change and that right now they were focused on the mid -two hundred to
the mid -three hundred and even a little bit higher than that.
Council Member Presley voiced his approval for the fifty -foot lots. Mayor Capetillo asked for
the width of the internal roadways since they do try to prevent street parking, and he discussed a
bit of the safety aspects of narrow roadways. Mr. Gardella assured Council that as they began
getting involved with the Planning and Engineering Departments, those items would be
addressed in the development agreement.
Mayor Capetillo also addressed their preference for street lighting and other amenities. He asked
for the consideration to have at least black painted, powder -coated type of lighting since the less
galvanized materials they could see, the better. Mr. Haden agreed and noted that they would
consider that in the design.
b. Conduct a public hearing regarding the advisability of the proposed improvements
associated with Bayview Heights Public Improvement District.
At 6:59 P.M., Mayor Capetillo opened the public hearing regarding the advisability of the
proposed improvements associated with Bayview Heights Public Improvement District.
Economic Development Manager Gardella summarized the subject matter for the public hearing
related to Item 5.b.5 and noted that the public hearing was to allow them to get approval to move
forward with the project. He briefly recapped the discussion of last item.
With there being no one registered to speak regarding agenda item 5.b., Mayor Capetillo closed
the public hearing at 6:59 P.M.
6. PROPOSED ORDINANCES
a. Consider an ordinance amending Chapter 82 "Secondhand Goods," Article IV
"Garage Sales" of the Code of Ordinances, Baytown, Texas, to remove the permitting
requirements for garage sales.
Chief Building Official Russell Davidson summarized agenda items 6.a., through 6.c.
concurrently and explained this was a collaborative effort between Building Services, City
Manager Rick Davis, and Assistant City Manager Kevin Troller, in an effort to streamline
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December 9, 2021
Page 7 of 30
development and development requirements to make things run smoother and easier for citizens
to obtain permits. He stated these were the three roadblocks they found when reviewing their
processes and expressed their excitement to present them to Council at this time, and hopefully,
these are the first of many to come.
A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member Jacob
Powell to approve Ordinance No. 14,967, related to Item 6.a. However, there was discussion
prior to the vote.
Mayor Pro Tern Alvarado applauded staff for being proactive and taking this move to deregulate
some of the items to make it easier, not just for the residents, but for staff as well, but clarified
that although they will no longer have to get a pennit, the residents would still have to abide by
the code enforcement that come with having garage sales. Chief Building Official Davidson
confirmed that they do have to comply to code enforcement as far as signage in the rights -of -
way, and that the state actually regulates garage sales. If they do receive complaints, of course,
the city's code enforcement will do their due diligence and investigate.
Council Member Presley commented that he was always good with less bureaucracy, but wanted
to reiterate that enforcernents were not going away. In his district, they did have a lot of habitual
and continual garage sales and hopefully they continue to be diligent with enforcement as he
does receive complaints. Mr. Davidson asked Council Member Presley to please forward the
complaints to the chain of command so they could address there. Council Member Presley
obliged. Mr. Davidson clarified that the only thing being removed at this time was the pen -nit
requirement; however, the strength of the ordinance was still there as far as enforcement went
and they would continue to process things as they had before.
Council Member Johnson had previously discussed with City Manager Davis of complaints
received as it pertained to habitual garage sells. In regards to waiving the permit or fees, he
understands that, but questioned how citizens would provide evidence of someone having
habitual garage sells. Mr. Davidson recommended for the citizens to not engage to that level, but
rather just let code enforcement by sending an email to a designated email address, which allows
them to send an anonymous email, or they can give them a call anonymously, and they will do
their due diligence to investigate. Regarding the pennitting, the people having habitual garage
sells were not pulling permits anyways.
Council Member Powell thanked Mr. Davidson and noted this was a win for residents. Council
Member Lester agreed with his colleagues that the permit process was put in place to try to
curtail the mentioned issues, but those individuals were not pulling permits anyways. He
commented why would they punish the honest citizens with those that were not, and agreed with
removing the permit process as long as the code enforcement stands. Mayor Capetillo agreed and
noted the permit process was initially citizen driven and although the permit aspect was going
away, Mayor Capetillo assured that the code enforcement will still stand.
The vote for the motion on the table was as follows:
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December 9, 2021
Page 8 of 30
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 141967
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 82 "SECONDHAND GOODS," ARTICLE
IV "GARAGE SALES," SECTION 82-202 "PERMITS," SECTION 82-203
"APPLICATIONS" AND SECTION 82-205 "REVOCATION AND REFUSAL
OF PERMIT" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 82 "SECONDHAND GOODS," ARTICLE IV
"GARAGE SALES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
BY ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED
SECTION 82-202 "GENERAL"; AMENDING CHAPTER 82 "SECONDHAND
GOODS," ARTICLE IV "GARAGE SALES," SECTION 82-204 "PERSONS
AND SALES EXCEPTED" AND SECTION 82-207 "PENALTY," OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS; TO REMOVE THE PERMIT
REQUIREMENT FOR GARAGE SALES WITHIN THE CITY LIMITS;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED
AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
b. Consider an ordinance amending Chapter 18 "Buildings and Building
Regulations," Article I "In General," Section 18-1 "Registration" of the Code of
Ordinances, Baytown, Texas, to remove the registration requirement for contractors (i)
pulling a permit for a structure, other than a mechanical, electrical, or plumbing permit,
and (ii) performing tree trimming and debris removal services for residential customers.
A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member
Charles Johnson to approve Ordinance No. 14,968, related to Item 6.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 141968
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December 9, 2021
Page 9 of 30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE I "IN GENERAL," SECTION 18-1
"REGISTRATION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO REMOVE THE REGISTRATION REQUIREMENT FOR CONTRACTORS
(1) PULLING A PERMIT FOR A STRUCTURE, OTHER THAN A
MECHANICAL, ELECTRICAL OR BUILDING PERMIT, AND (II)
PERFORMING TREE TRIMMING AND DEBRIS REMOVAL SERVICES
FOR RESIDENTIAL CUSTOMERS AND TO REMOVE CERTAIN
REGISTRATION REQUIREMENTS FOR PERSONS PERFORMING
MECHANICAL ELECTRICAL AND PLUMBING SERVICES ON A
COMMERCIAL STRUCTURE PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
C. Consider an ordinance amending Chapter 18 "Buildings and Building
Regulations," Article II "Building Construction Standards," Division 1 "Windstorm
Standards," Section 18-26 "Accessory building/structures," Subsection (c) of the Code of
Ordinances, Baytown, Texas, to require building permits for residential accessory
structures 200 square feet or more.
A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member Chris
Presley to approve Ordinance No. 14,969, related to Item 6.c. However, there was discussion
prior to the vote.
Council Member Presley noted that he had called City Manager Davis about this item, who had
explained the limitations of having 200 square feet as the threshold and Chief Building Official
Davidson confirmed that they were increasing it to 200 square feet. Council Member Presley
then asked if it would apply to a "mother-in-law" or "granny flat" that was only 199 square feet.
Mr. Davidson described the intent of the ordinance was to allow individuals to build a 200
square foot shed without a permit. They would not be able to do a "another -in-law" quarter that
small due to other codes that come into play that required certain square footage for habitable
space and electricity, that would push them into another category requiring a pen -nit. He did state
there were certain guidelines they had to meet in regards to storage buildings, such as keeping
them out of utility easements; meeting certain setbacks; and etc. They are not permanent
structures built on foundation, but are mobile. He noted that any structure over 200 square feet
would require a pennit, however, would not require an engineer seal from Engineering for up to
349 square feet. Mr. Davidson further discussed their role in helping citizens with design so that
they do not have to pay extra for a design professional.
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December 9, 2021
Page 10 of 30
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 141969
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE II "BUILDING CONSTRUCTION
STANDARDS," DIVISION 1 "WINDSTORM STANDARDS," SECTION 18-26
"ACCESSORY BUILDING/STRUCTURES," SUBSECTION (C)OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REQUIRE BUILDING
PERMITS FOR RESIDENTIAL ACCESSORY STRUCTURES NOT
GREATER THAN 200 SQUARE FEET; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
7. DISCUSSIONS
a. Discuss the 2021 Aquatics Season at Pirates Bay Water Park and Calypso Cove.
Assistant City Manager Troller introduced the item and noted he wanted to shine the spotlight on
the Parks and Recreation staff as it had been a rough two years to run a water park because of
COVID, and to run an operationally safe water park with the focus being on customer experience
was herculean. Mr. Troller explained it required coordination between the Finance and the Parks
and Recreation departments to really focus on the business effort and hopefully be profitable. He
introduced and gave kudos to Ms. Jenna Stevenson and her aquatics team.
Superintendent of Aquatics Jenna Stevenson thanked Mr. Troller and began the presentation on
the discussion of staffing from the summer of 2021. She recalled that back in April, they had
discussed with Council the staffing shortage and their concerns going forward for that season.
She described the numbers on the presented chart and noted that the first two lines of the table
were the exact same as Council had seen in April 8"', and the third line were how many they had
hired up to that point. Ms. Stevenson noted that they normally started the season with over 400
staff, but that summer they started with 342 and explained this was due to the national lifeguard
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December 9, 2021
Page 11 of 30
shortage across the country. Unfortunately, going into 2022, she projected it was going to be the
same and was already being discussed in national conferences.
Ms. Stevenson proceeded to speak on their 2022 recruitment and staffing efforts. Applications
were already open for 2022 which is a month earlier than normal. They had already been to
several schools in the last two weeks and have received applications. They were going to start
lifeguard classes in the next two weeks over the Christmas break, and added they were having
them at a 50% reduced rate, which was only $25 for two classes.
In regards to the attendance of the 2021 season, Ms. Stevenson explained they compared it to
2019 because it was not fair to compare to 2020 since they were only open for two weeks. She
relayed the information below noting the shortcomings were due to weather and the lifeguard
shortage:
Pirates Bay
Slated Days
Days Open
Attendance
Per Day Avg.
2019
98
90
156,306
1,737
2021
74
70
146,933
2,099
Calypso
Slated Days
Days Open
Attendance
Per Day Avg.
2019
83
76
16,855
222
2021
74
58.5
13,120
224
Ms. Stevenson's next topic of discussion was the operational adjustments for 2021. Due to
COVID and staffing, what they did differently that year was all of their guest and park service
staff were trained as slide attendants. The Park Service staff were also trained to operate all slide
towers, and all staff were additionally CPR, first -aid, and AED Certified. She noted these
changes were due to the lack of lifeguards, specifically having only 63 in August. They also had
a large number of Parks and Recreation staff in Athletics, Recreation Team, Administration,
Wetlands/Nature Center, and at that time the Assistant Director Clifford Hatch, and Director
Scott Johnson, come out and run the slide towers to get them through the season. She further
noted they added police presence at Calypso that year due to the number of guests.
The following topic of discussion was the revenue and expenditures for 2021, which Ms.
Stevenson presented the following numbers:
Original Budget
2021 Projections
2021 Actual
Revenue
$4,328,600
$3,289,920
$3,173,931
Expenses
$4,225,300
$3,967,426
$3,092,311
Total
5103,299
-$667,506
$81,620
She explained that the expenditure amount did include all of their paybacks to the general fund
for the $2.5 million they had from the 2020 season, their water bill, utilities, and staffing costs of
those additional staff that were brought in August, not originally part of the aquatics team.
Superintendent Stevenson lastly announced 2022 passes were already for sale and that the 2022
season would start on May 7`h.
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December 9, 2021
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The floor was then opened for questions and Council Member Johnson asked if the $81,650
profit would have been more had it not been for the extra training and Ms. Stevenson replied that
certifying them on the slide did not cost them anything and that the first -aid, CPR, etc., training
was already planned in the original budget. Council Member Johnson noted he asked because if
so, it was money well spent. He was glad to hear, for safety reasons, more individuals were
certified and that hopefully that would be something continued for years to come. Council
Member Johnson gave kudos to Ms. Stevenson and the aquatics staff.
b. Discuss the proposed public improvement district for the Lennar Development to be
located on the east side of Garth Road to Hadden Road and north of Wallisville Road.
Economic Development Manager Bret Gardella introduced Mr. Robert Santini with Friendswood
Development Company who would impart the presentation. Mr. Gardella reiterated that although
this is only a discussion item, Mr. Santini will provide an overview of the initial land plans and
talk about the future development and how it will roll out in phases.
Mr. Robert Santini introduced himself as the current Director of Land Development for Baytown
Crossing, a development which includes Ashbel Cove and Wooster Trails, with two more
communities to come in that development. Mr. Santini noted he was joined at the meeting by
their Vice President of Land Development, Mr. Michael Johnson, as well as their outside
counsel, Mr. Tim Green with Coats Rose. He relayed they recently were identified and
contracted to purchase a little over 370 acres adjacent to their current successful development of
Baytown Crossing for which he presented their vision and plan for that newly acquired land. He
noted that is intended to be a continuation of Baytown Crossing and conservatively planning for
just over another thousand homes on this expansion track, producing well over $250 million in
assessed value.
Concluding his presentation, Mr. Santini indicated the plan was non -binding and expressed
wanting to make the request fonnal and get Council's feedback. There are standards for quality
and appeal that they certainly want to uphold and continue forward with. They would like to
request a Development Agreement which mimics and maintains existing quality standards for
land planning, landscaping, and home architecture, the creation of a PID, and then overlapping
the TIRZ with a 100% reinvestment back into the community, and a project list that mirrored
said PID.
Mayor Capetillo opened the floor for questions or comments. Council Member Presley directed
his question to Economic Development Manager Gardella and City Manager Davis, and asked it
this would be the first time that they did an in -city MUD and created a PID and overlaid a TIRZ
combination as well. Mr. Gardella clarified they were not doing an in -city MUD but rather an in -
city PID as the properties would be annexed into the city and they would then put a PID on it
layered with a TIRZ as well.
Council Member Presley expressed his concerns in reference to Chapter 311 of the Tax Code
that talked about TIRZ and the methods local government could use to pay for infrastructures
that will draw private investment to the area. He noted that he failed to see some of the
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Page 13 of 30
qualifications with the presented project and his preference was the typical MUD. Mr. Gardella
relayed that the TIRZ can be used in many different fonnats and not just applicable to blighted
areas. He gave the example of them using TIRZ for San Jacinto Boulevard which expanded to
development in other common areas in the city (road work, sidewalks, etc.). If they were to
annex this into the ETJ MUD, they would put a hard cap on the city for growth for the next forty
years or so, as long as that MUD exist. Council Member Presley understood and stated he would
want to get with staff in the future and perhaps look at adjusting their policy on things that
quality for TIRZ so they did not seem subjective.
C. Discuss the incentive policy for the Baytown Revitalization Incentive Zone (RIZ) to
exercise certain municipal powers in a neighborhood empowerment zone.
Assistant Director of Planning and Development Services Christopher Chavis presented the item
and noted that they wanted to discuss the RIZ, part of the successes of the RIZ, and some of the
challenges that they see moving forward. After presenting a map that showed the numbers of
projects the RIZ had been used for and implemented, Mr. Chavis noted it had been successful
particularly in the past two years, averaging twenty to twenty-five projects annually. The RIZ
does help developers invest inside of old Baytown, particularly in Council Districts 1 and 2.
They extended the RIZ two years ago to include the Bayway corridor where they already had
their first successful commercial project.
In the future, Mr. Chavis relayed they were looking to continue the RIZ as is since the guidelines
required development to elevate itself to receive benefits. He stated the benefits were the waiver
of taxes on properties for five years and upfront costs of pen -nit and impact fees. However, what
they wanted to discuss that night was how Council wanted them to continue the success of the
program and if they wanted to change the guidelines —particularly to help build affordable
housing inside the presented areas. He stated the standards do add costs to the projects. The
CDBG built homes with 30% brick on the front and the current standards for the RIZ area were
60% on all sides of the development. Principal Planning Manager Chavis reiterated that staff was
hoping Council could have a discussion on how they move forward and maybe consider lifting
some of the guidelines of the architectural standards inside of the RIZ.
Mayor Capetillo noted there was someone who wanted to speak, but preferred to have Mr.
Chavis explain a bit further, who then continued speaking on the architectural standards
associated with RIZ, which require 60% masonry on all sides of construction. He noted that
some affordable housing contractors had asked about lifting that standards while still allowing
them to receive the benefit of RIZ. Mr. Chavis reiterated they wanted direction on behalf of
Council to see if they would like staff to move forward with revising the RIZ guidelines in the
near future.
Mayor Capetillo proceeded to have Mr. Thomas Hast, who had signed up to speak regarding this
item, come forward to present his comments.
Mr. Thomas Hast introduced himself as the Income and Board President for Baytown Habitat for
Humanity and explained they build affordable housing for members of the community with
volunteers like himself. However, he noted making affordable housing was not easy, especially
City Council Regular Meeting Minutes
December 9, 2021
Page 14 of 34
when it came to increasing construction materials costs. That was why the issue presented was so
important to them because it was that for organizations, like Baytown Habitat for Humanity, to
be able to take advantage of the benefits that the RIZ offers in terms of waving the permanent
fees, which really helps them lower the cost for future homeowners.
Mr. Hash communicated one of the issues they were having was due to the regulations they
follow frorn their parent organization, Habitat for Humanity International, that did not allow
them to build houses for people who were not economically disadvantaged. The maximum
income for the person receiving a house that they build is about S57,000, give or take depending
on the income of the family, so that is why it becomes so critical for them to be able to keep the
cost down because they are experiencing increasingly the inability to find individuals that do not
make too much, but yet can afford the homes that they build. The homes they build were
appraising much higher than the community that they built them in. Thus, in his opinion, they
were revitalizing and uplifting the neighborhoods and asked Council to consider that. Mr. Hash
noted that Ms. Sandy Denson, their Executive Director, joined him at the meeting and they were
available to answer any questions.
Mayor Capetillo expressed his understanding of what Habitat for Humanity did and has done for
Baytown, and believed the point that Mr. Hash made was that the idea of the RIZ was to go and
construct enhancements to the dwelling or building they bring to the community. Mayor
Capetillo stated the idea was then for Council to consider some type of percentage of masonry
ranging from 0% to 60%, since the question was, in regards to Habitat for Humanity, a non-
profit builder, what direction did Council want to give staff as part of the masonry standards.
Council Member Presley commented he was very familiar with Habitat for Humanity, and that
the intent was not a giveaway but that the City was willing to reward individuals and entities for
investing and building in the older areas of town. All they asked in return —since they did not
collect fees in the form of building pen -nits, impact, and inspection fees as well as a five-year tax
abatement —was that the city have the best product they could get. The goal was to uplift the
older areas and, in his opinion, requiring masonry did not seem like too much to ask for and as
far as 60% on all sides, he was open to lowering that threshold, but that if they did, he asked they
did not carve -out specifically Habitat for Humanity. Council Member Presley expressed his
fidelity was to District 2 and stated what they did for one, they should do for all. He preferred
they have more than 30% masonry on the front only, and expressed being reluctant to go that low
of a threshold. Council Member Presley did note; however, it was a reasonable request to
decrease 60% on all sides.
Council Member Johnson stated he liked what Council Member Presley said, but would not be in
favor of stucco which Council Member Presley previously listed as an alternative to brick while
maintaining the brick accent to lower costs because people would then need to be educated on
how to maintain it. He suggested brick veneer noting the cost between that and brick was
substantial. Council Member Johnson was also in favor of not just allowing Habitat for
Humanity but it being a great idea to open it for everyone. He did give kudos to Habitat for
Humanity for what they did, but agreed with Council Member Presley that it would be worth
Council's time to take a look at it from a vantage point.
City Council Regular Meeting Minutes
December 9, 2021
Page 15 of 30
Mayor Capetillo asked staff to clarify the 30% masonry standard, is it overall or at least 30% on
the front, and Mr. Chavis confinned they have a cementitious hardy plank that they use on the
sides and the rear and was 30% brick on the front. Mayor Capetillo further asked if that material
would qualify as masonry to which Mr. Chavis responded it would not. Mr. Hash then inquired if
Council would consider other brick -like materials since the volunteers typically are not masons
and do not have the expertise to do that but could install panels of materials that look like brick.
Council Member Presley asked how did staff arrive at the 30% masonry on their CDBG program
and Mr. Chavis replied they created it internally, in order for it to be affordable. He believed they
also have been working with those plans since 2016 or so and Council Member Presley then
commented they could adjust that as well then.
Council Member Lester noted that the CDBG requires masonry on the front, but that RIZ
required masonry on all four walls. He expressed the RIZ could be more aggressive and
recommended 30% on all three sides, minus the back side. Council Member Lester added they
could discuss and clarify the definition of what qualified as masonry and Mr. Chavis confirmed
they could adjust the definition and informed Council the current definition was actual brick and
stone. Council Member Lester reiterated they could make the RIZ more restricted than CDBG,
but that would not be needed on all four walls. Council Member Presley commented that
whatever they do on the RIZ, it would be nice to adjust their CDBG standard as well.
Mayor Capetillo asked for clarification on what they were then proposing as far as a requirement
to any masonry or masonry defined. Council Member Presley stated 30% on the front and two
sides. Mr. Hast noted they did look at alternative designs for their house. In Montgomery
County, they used a 20% lining across the bottom of the entire house which was acceptable to
them because it came right below the windowsill. He was concerned that 30% might look odd,
considering a third of the wall up being brick. Council Member Presley then inquired for Mr.
Hast's opinion on 20% on all four sides and he responded that if it was a product they could
install and afford, then they would be for it.
Council Member Powell agreed that the back wall would be the first and easiest thing to go, but
suggested to brick the entire front of the house. He commented it might be easier from a
construction point to knock out one wall and have siding on the rest. Mr. Hast offered pictures
of construction examples of what they could look like, of which City Clerk Angela Jackson
passed to Council at the dais. Mr. Chavis stated that with the provided guidance, they would
come back with concept drawings that will demonstrate the different options of masonry,
whether it would be all brick on the front with nothing on the side or 30%, 50%, etc.
Mayor Pro Tem Alvarado stated she agreed with everything, but asked Mr. Hast if they knew
any other Habitat Communities that had done something similar to what he was requesting. Mr.
Hast responded the provided pictures before Council, was the Montgomery County Habitat. He
also commented adding real bricks to the house within the RIZ was 10% of their cost for a
house, about $10,000, which was significant for them and became more expensive than not
utilizing the RIZ. Mayor Pro Tern Alvarado thanked Mr. Hast, and stated since they were not
making a decision at this time, she would be open to receiving options from staff on what that
new code would look like.
City Council Regular Meeting Minutes
December 9, 2021
Page 16 of 30
After further discussion, Mayor Capetillo then summarized that although there was no action,
there was enough direction for staff to develop something. City Manager Davis recapped those
three issues: 20% of three sides however they want to apply it; the definition of masonry to
include other types of product; and the expediencies associated with their pennitting. City
Manager Davis noted they would treat this like a RIZ and move forward for Council's
consideration next council meeting with the aspects he described and that it would then apply
RIZ-wide. Mayor Capetillo's assumption was that CDBG was federal, and Council Member
Lester recalled they had said 20% but with the focus on the front. Mayor Capetillo stated his
option he would present was the equivalent of 20% of all three sides or the entire front. Council
Member Lester commented the options laid in front of them were nice.
Mayor Capetillo stated they would get more options and that there was enough direction for
Habitat for Humanity as well to proceed and still receive those incentives. Mayor Capetillo
stated they would consider those changes in a future agenda.
8. REPORTS
a. Receive a summary of accomplishments achieved with Baytown CDBG funds and
the executive summary of the annual Consolidated Annual Performance and Evaluation
Report (CAPER).
Assistant Director of Planning and Development Services Christopher Chavis reported to
Council that they were currently building three new houses inside of Old Baytown: one on
Cherry Street; one on Utah; and another on Vennont. They had done six sewer line projects
which entailed fixing the leaking sewer lines from the main line to the homes of low to moderate
income. They had also helped a number of service providers, the biggest being Love Network,
who runs their transportation program that helped over ninety seniors go to and from wherever
they need to go. They also helped seniors with the RIDES program that allowed seniors to ride
the bus at a discounted rate. Mr. Chavis additionally presented a map that showed the amount of
activities that went on, including: the demolition of substandard houses; the securing of
properties, etc.
Mayor Pro Tem Alvarado inquired on the Paintbrush Project and asked why it was not listed and
Mr. Chavis responded that it was in fact part of their CDBG projects, but they had not secured
any successful applicants for that program yet. He further explained they did expand the
boundaries and were sill advertising in the areas in hopes to get those applicants.
In regards to the CDBG funded Childcare Assistance Program, Mayor Pro Tem Alvarado asked
how many applicants had gone through the process if any and MR. Chavis answered they had
anywhere between thirty and forty different essential workers that were taking advantage of that
program. He explained they received up to about six months of childcare in a safe environment
while the participants worked. Mayor Pro Tern Alvarado also inquired in light of COVID, did
they know how long they would have funds and Mr. Chavis replied they were looking to end the
COVID dollars on September 30, 2022, and would have to see what the guidance was from HUD
at that time to see if it was likely to be expanded or extended.
City Council Regular Meeting Minutes
December 9, 2021
Page 17 of 30
9. CONSENT
Mayor Capetillo noted that staff pulled Consent Agenda Items 9.p. and 9.v., as they are not ready
for consideration at this time.
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem
Laura Alvarado to approve Consent Agenda Items 9.a. through 9.y., with the exception of items
9.p. and 9.v., which were pulled from consideration, and items 9.a., 9.b., 9.d., and 9.x., which
were pulled for discussion. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
a. Consider an ordinance approving Change Order No. 5 to the Animal Services and
Adoption Shelter Project with Construction Masters of Houston LLC.
Council Member Lester pulled Consent Agenda Item 9.a., for discussion and began by inquiring
about the capacity issue. He asked what would be the increase and if it would there be one cat
per cage. Assistant Director of Public Works and Engineering Andrea Brinkley replied this was
to achieve a total of 78 cat cages. There was a discrepancy in the plans and specifications that
caused the contractor to install only two rows, and they would be adding a third row.
With concerns of disease, Council Member Johnson questioned how placing the cats on top of
one another would affect the spread of such. Ms. Brinkley responded these were stainless steel
cages and able to be easily disinfected. She introduced the Director of Health Tony Gray to
provide Council with the specifics. Mr. Gray addressed the issue by stating one of the benefits of
the new shelter was the automated and specialized ventilation system that would help cut that
down. Also, in the near future, they would have a veterinarian to be able to assess and evaluate
the animals and treat their as needed. He further noted that had always been a challenge with
cats, but they would be in a better position going forward with the ventilation and vet services.
Council Member Lester commented that most diseases in shelters involving cats were airborne
and that the ventilation system would be a significant upgrade.
A motion was made by Council Member Mike Lester and seconded by Council Member Charles
Johnson to approve Ordinance No. 14,988, related to Item 9.a. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
City Council Regular Meeting Minutes
December 9, 2021
Page 18 of 30
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 141988
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO.5 TO THE ANIMAL
SERVICES AND ADOPTION SHELTER PROJECT WITH CONSTRUCTION
MASTERS OF HOUSTON LLC, IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED SIXTY THOUSAND TWO HUNDRED SIXTY-FOUR AND
58/100 'DOLLARS ($160,264.58); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
b. Consider an ordinance awarding a construction contract to Cox Commercial
Construction, LLC, for the Roseland Park Pavilion Project.
Mayor Capetillo suggested considering and discussing Ordinance No. 14,989 (9.b.) and
Ordinance No. 14,990 (9.d.) together to which Council Member Presley agreed. In regards to
item 9.b., Council Member Presley requested the number of bids they received and if the selected
contractor was the lowest bidder, and if so, by approximately how much. Assistant Director of
Public Works and Engineering Andrea Brinkley replied they received three proposals and
confinned Cox Construction was the lowest by about $50,000.
In regards to item 9.d., Council Member Presley asked if they typically did consulting services,
construction management, and inspection services on projects that small. His reason for asking
was due to a past warranty issue about the fire training field. Council Member Presley further
posed if this was something they did routinely as a matter of practice, or if this was an exception.
Ms. Brinkley responded that due to their volume of projects and a past drainage issue, the
contract would assure enough attention was paid in all details. Council Member Presley
additionally questioned if whatever issues were there in the past, if they had been addressed and
mitigated. Ms. Brinkley affirmed so and noted the contractor was present that evening if Council
had additional questions. Council Member Lester clarified that the difference in bids was about
$11,000 less.
A motion was made by Council Member Mike Lester and seconded by Council Member Charles
Johnson to approve Ordinance No. 14,989 and Ordinance No. 14,990, related to items 9.b. and
9.d., as submitted. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
City Council Regular Meeting Minutes
December 9, 2021
Page 19 of 30
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
ORDINANCE NO. 14,989
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF COX COMMERCIAL CONSTRUCTION,
LLC, FOR THE ROSELAND PARK PAVILION PROJECT; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
AND ATTEST TO A CONTRACT WITH COX COMMERCIAL
CONSTRUCTION, LLC, FOR SAID CONTRACT; AUTHORIZING
PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION EIGHT
HUNDRED FORTY- FOUR THOUSAND EIGHT HUNDRED SEVENTY-
FOUR AND NO/100 DOLLARS ($1,844,874.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing payment to CenterPoint Energy Houston
Electric, LLC, for installation of streetlights for the Fairway & Savell Streets Improvement
Project.
ORDINANCE NO. 141970
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 INSTALLATION OF
STREETLIGHTS FOR THE FAIRWAY AND SAVELL STREETS
IMPROVEMENT PROJECT IN THE AMOUNT OF FIFTY-TWO THOUSAND
EIGHT HUNDRED NINETY-TWO AND NO/100 DOLLARS ($52,892.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing an Agreement for Consulting Services with Hill
International, Inc., to perform construction management and inspection services for the
Roseland Park Pavilion Project.
This agenda item was discussed and action was taken in conjunction with agenda item 9.b.
ORDINANCE NO. 141990
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT FOR CONSULTING WITH HILL
City Council Regular Meeting Minutes
December 9, 2021
Page 20 of 30
INTERNATIONAL, INC., FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE ROSELAND PARK PAVILION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-SEVEN
THOUSAND AND NO/I00 DOLLARS ($147,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing Change Order No. 3 for the purchase of
additional commercial office furniture for the Municipal Service Center Renovation
Project.
ORDINANCE NO. 141971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO.3 TO THE MUNICIPAL
SERVICE CENTER RENOVATION PROJECT WITH THE LUCK COMPANY
IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND SIX HUNDRED
SEVENTY-NINE AND 89/100 DOLLARS ($15,679.89); AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
L Consider an ordinance authorizing an Interlocal Agreement with the Baytown
Municipal Development District for funding the construction of the Citizen's Bank
Building Renovation Project.
ORDINANCE NO. 14,972
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 AN INTERLOCAL AGREEMENT WITH THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING THE
CONSTRUCTION OF THE CITIZENS BANK RENOVATION PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing a Consulting Services Agreement with Aviles
Engineering Corporation for construction materials testing services for the Lincoln Cedars
and Julie Ann Villa Drainage Improvements Project.
ORDINANCE NO. 141973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT FOR CONSULTING SERVICES
WITH AVILES ENGINEERING CORPORATION FOR CONSTRUCTION
MATERIALS TESTING SERVICES FOR THE LINCOLN CEDARS AND
JULIE ANN VILLA DRAINAGE IMPROVEMENTS PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
City Council Regular Meeting Minutes
December 9, 2021
Page 21 of 30
NOT TO EXCEED SIXTY-FIVE THOUSAND EIGHT HUNDRED FIFTY-
SEVEN AND NO/1.00 DOLLARS ($65,857.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing an Agreement for Consulting Services with
EHRA Engineering to assist the Public Works and Engineering Department with
preliminary engineering for Northern San Jacinto Area.
ORDINANCE NO. 141974
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT FOR CONSULTING SERVICES
WITH EHRA ENGINEERING TO ASSIST THE PUBLIC WORKS AND
ENGINEERING DEPARTMENT WITH PRELIMINARY ENGINEERING
SERVICES FOR THE NORTHERN SAN JACINTO BOULEVARD PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED THREE HUNDRED THIRTY-ONE THOUSAND FORTY-
EIGHT AND NO/100 DOLLARS ($331,048.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing payment to Stealth Partner Group for services
as the carrier/administrator for the City of Baytown's 2022 stop loss coverage.
ORDINANCE NO. 141975
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED
TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
($2,500,000.00) TO STEALTH PARTNER GROUP AS THE
CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S 2022 STOP
LOSS COVERAGE; AUTHORIZING; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance approving a pool usage agreement for use of the Lee College
Natatorium in preparation of the 2022 swim season.
ORDINANCE NO. 141976
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE FOR
USE OF THE LEE COLLEGE NATATORIUM FOR LIFE GUARD
TRAINING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
December 9, 2021
Page 22 of 30
k. Consider an ordinance approving the purchase of two (2) Toro Groundsmaster
4000-D Bat Wing Mowers from with Professional Turf Products, LP, through the Texas
Local Government Purchasing Cooperative (Buyboard).
ORDINANCE NO. 141977
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY-SIX
THOUSAND EIGHT HUNDRED SEVENTY-SIX AND 68/100 DOLLARS
($166,876.68) TO PROFESSIONAL TURF PRODUCTS, LP, FOR THE
PURCHASE OF TWO (2) TORO GROUNDSMASTER 4000-D BAT WING
MOWERS, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
1. Consider an ordinance authorizing an Industrial District Agreement with NNN OPP
IV Owner II, LLC.
ORDINANCE NO. 141978
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 NNN OPP IV OWNER II, LLC; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
In. Consider an ordinance authorizing a Supplement to the Section 212 Agreement with
Enterprise Products Operating, LLC, for the Hydrotreater Property and removing such
properties from Industrial District No. 2.
ORDINANCE NO. 141979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A SUPPLEMENT TO THE SECTION 212
AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING, LLC, FOR
THE HYDROTREATER PROPERTY; REMOVING SUCH PROPERTY
LOCATED WITHIN THE CITY OF BAYTOWN'S EXTRATERRITORIAL
JURISDICTION FROM BAYTOWN INDUSTRIAL DISTRICT NO.2;
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
n. Consider an ordinance authorizing the payment of an annual assessment to the
Harris County Appraisal District.
City Council Regular Meeting Minutes
December 9, 2021
Page 23 of 30
ORDINANCE NO. 141980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT
TO THE HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL
SERVICES FOR THE 2022 TAX YEAR IN AN AMOUNT NOT TO EXCEED
TWO HUNDRED SIXTY THOUSAND FIVE HUNDRED THIRTY-ONE AND
NO/100 DOLLARS ($260,531.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
o. Consider an ordinance authorizing the rental of twelve (12) vehicles from EAN
Holdings, LLC., d/b/a Enterprise Rent-A-Car, through an interlocal agreement between
Harris County and the City of Baytown, based on an award between Harris County and
Enterprise Rent-A-Car.
ORDINANCE NO. 14,981
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF NINETY-SIX THOUSAND
TWO HUNDRED FIFTY AND NO/100 DOLLARS ($96,250.00) TO EAN
HOLDINGS, LLC., D/B/A ENTERPRISE RENT -A -CAR, FOR THE RENTAL
OF TWELVE (12) VEHICLES FOR THE POLICE DEPARTMENT THROUGH
AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE
CITY OF BAYTOWN; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
P. Consider an ordinance authorizing the restoration of the Baytown Fire
Department's 1947 Mack fire truck to be completed by Automotion Classics, Inc.
Item 9.p. was pulled from consideration on behalf of staff.
q. Consider an ordinance awarding the Annual Fire Department Uniforms Contract to
Webb's Uniforms, LLC, through the Texas Local Government Purchasing Cooperative
(BuyBoard).
ORDINANCE NO. 14,982
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY-FIVE
THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($145,400.00) TO
WEBB'S UNIFORMS, LLC, FOR THE PURCHASE OF ALL FIREFIGHTER
UNIFORMS, TO INCLUDE REPLACEMENT UNIFORMS, NEW -HIRE
UNIFORMS, AND CLASS A DRESS UNIFORMS, AS WELL AS ALL
RELATED SUPPLIES AND ACCESSORIES FOR THE UNIFORMS FOR THE
FIRE DEPARTMENT, THROUGH THE TEXAS LOCAL GOVERNMENT
City Council Regular Meeting Minutes
December 9, 2021
Page 24 of 30
PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
r. Consider an ordinance authorizing the purchase of the IBM FlashSystem 5200
enterprise storage from Mark III Systems through the Texas Department of Information
Resources.
ORDINANCE NO. 141983
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY-
NINE THOUSAND FIVE HUNDRED SEVENTY AND NO/I00 DOLLARS
($229,570.00) TO MARK III SYSTEMS, FOR THE PURCHASE OF THE IBM
FLASHSYSTEM 5200 ENTERPRISE STORAGE THROUGH THE TEXAS
DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
S. Consider an ordinance authorizing the renewal of the Cisco network equipment
support (SmartNet) offered by Presidio Network Solutions Group, LLC, through the Texas
Department of Information Resources.
ORDINANCE NO. 14,984
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-EIGHT THOUSAND
ONE HUNDRED FIFTY-ONE AND 53/100 DOLLARS ($58,151.53) TO
PRESIDIO NETWORK SOLUTIONS GROUP, LLC, FOR THE PURCHASE
OF CISCO SMARTNET HARDWARE, SOFTWARE, AND TECHNICAL
SUPPORT SERVICES THROUGH THE TEXAS DEPARTMENT OF
INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
t. Consider an ordinance authorizing the Agreement for Officers and Equipment with
the Baytown Crime Control and Prevention District.
ORDINANCE NO. 141985
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 AN INTERLOCAL AGREEMENT WITH THE
BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT FOR
OFFICERS AND EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
City Council Regular Meeting Minutes
December 9, 2021
Page 25 of 30
U. Consider an ordinance authorizing an Agreement for Fire Training Facility,
Personnel, and Equipment with the Baytown Fire Control, Prevention, and Emergency
Medical Services District.
ORDINANCE NO. 141986
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 AN INTERLOCAL AGREEMENT WITH THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY
MEDICAL SERVICES DISTRICT FOR THE FIRE TRAINING FACILITY,
PERSONNEL AND EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
V. Consider an ordinance authorizing an Interlocal Agreement for Emergency Services
with Harris County Emergency Services District No. 75.
Item 9.v. was pulled from consideration on behalf of staff.
W. Consider an ordinance authorizing a Consultant Services Agreement with
Accessology Too, LLC, to perform services for the ADA Self -Evaluation & Transition Plan
required by the Department of Justice.
ORDINANCE NO. 14,987
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH
ACCESSOLOGY TOO.LLC, FOR PERFORMANCE OF SERVICES
RELATED TO THE ADA SELF -EVALUATION AND TRANSITION PLAN
REQUIRED BY THE DEPARTMENT OF JUSTICE; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED SIX HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS
($650,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
X. Consider an ordinance authorizing a Legislative Advocacy Services Agreement with
Schlueter Group of Texas LLC.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Mike Lester to approve Ordinance No. 14,991, related to Item 9.x. However, there was
discussion prior to the vote.
Council Member Powell noted that on behalf of hire and his constituents, they believed the
money could be better spent elsewhere. Council Member Presley commented lie would also be
voting no on the item.
City Council Regular Meeting Minutes
December 9, 2021
Page 26 of 30
Mayor Capetillo stated the amount of the service contract, with clarifications from Director of
Public Affairs Thomas Reeves, was 566,000 per year. The Mayor relayed that Mr. Reeves and
staff, with 8,000 pieces of legislation filed, was overwhelming and they did not have the
expertise nor bandwidths to research it all. Mayor Capetillo noted other state officials viewed the
agenda item as favorable as those said officials represented Baytown as well.
Mayor Pro Tem Alvarado sought clarification on her understandings.. She noted one of the
caveats of hiring Mr. Reeves was his public affairs and legislative experience, and with this, his
role would then be oversight of the advocacy work to ensure the items Council would look out
for would indeed be put forward. Mr. Reeves confinned that was correct and that they were
focused on two things, relationships and location. Schlueter Group had relationships that none at
the City had access to quite as easy as they did, and with location, Schlueter Group was within
steps of the Capital for the ease of attending hearings.
Council Member Lester commented on his past experience on hearings being moved and staff
being unable to attend. He noted a lot of bills got passed that negatively impacted cities. Council
Member Presley countered TML did considerable legwork in that area. Council Member Lester
agreed and stated this was just another resource to have someone focused on notifying and
advocating for them at a moment's notice.
City Manager Davis elaborated TML generally took on issues that had more of a global impact
on cities. When it came down to issues such as IDAs, TML would not take on those level of
issues for the City of Baytown. Mr. Davis noted their investment in these services would give
them a different Baytown. He gave the example of Senate Bill VI, who their legislative
consultant flagged and made them aware, and of which the city was then able to work with
former Senator Creighton to mend the issue in Baytown's interest; otherwise, it would have been
a death sentence had it not been for that service. Council Member Presley noted that was a great
example, but he was not sure if that was the exception or rule. He stated a lobbyist lobbying for
the growth of the government and city coffers differed from lobbying for what was good for
residents. Council Member Presley questioned how they would know to do that prior to
receiving input from citizens. He explained that was how he based his decision and noted he
could certainly see both sides.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Charles Johnson, and Council Member Mike Lester
Nays: Council Member Chris Presley and Council Member Jacob Powell
Other: Council Member Heather Betancourth (Absent)
Approved
City Council Regular Meeting Minutes
December 9, 2021
Page 27 of 30
ORDINANCE NO. 14,991
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A LEGISLATIVE ADVOCACY SERVICES
AGREEMENT WITH SCHLUETER GROUP OF TEXAS LLC, FOR
LEGISLATIVE AND LOBBYING SERVICES; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY-
SIX THOUSAND AND NO/100 DOLLARS ($66,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Y. Consider a resolution designating authorized signatories for the Community
Development Block Grant (CDBG) Program.
RESOLUTION NO. 2764
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR
CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING
FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
10. APPOINTMENTS
a. Consider confirming the Mayor's appointments to the Bring the Battleship to
Baytown Committee.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Mike Lester to approve the Mayor's appointments of Mayor Pro Tem Laura Alvarado as the
primary representative and Council Member Mike Lester as the alternate to the Bring the
Battleship to Baytown Committee. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
b. Consider a resolution designating a representative and an alternate for the General
Assembly of the Houston -Galveston Area Council for the year 2022.
City Council Regular Meeting Minutes
December 9, 2021
Page 28 of 30
A motion was made by Council Member Mike Lester and seconded by Council Member Chris
Presley to approve Resolution No. 2765, designating Council Member Charles Johnson as the
primary representative and Mayor Pro Tern Laura Alvarado as the alternate for the General
Assembly of the Houston -Galveston Area Council. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
RESOLUTION NO. 2765
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE
AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON-
GALVESTON AREA COUNCIL FOR THE YEAR 2022; AND PROVIDING
FORTHE EFFECTIVE DATE THEREOF.
C. Receive the Mayor's appointments of one (1) representative and one (1) alternate to
the H-GAC Transportation Policy Council.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Jacob Powell to approve the Mayor's appointments of Mayor Brandon Capetillo as representative
and Council Member Heather Betancourth as the alternate to the H-GAC Transportation Policy
Council. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
d. Consider the confirmation of one (1) City Manager appointment to the Civil Service
Commission.
City Council Regular Meeting Minutes
December 9, 2021
Page 29 of 30
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem
Laura Alvarado to approve the City Manager's re -appointment, Mr. Dennis Araujo, to the Civil
Service Commission. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
e. Conduct the election of the Baytown City Council Mayor Pro Tem.
Mayor Capetillo noted they had two newly elected Council Members that did not meet the one
year of council service requirement prior to being selected as Mayor Pro Tem. Thus, Districts 5
and 6 were bypassed. Mayor Capetillo thanked Mayor Pro Tem Alvarado for her service, and
stated Council Member Presley would be the recommendation.
A motion was made by Mayor Pro Tem Laura Alvarado and seconded by Council Member
Charles Johnson to approve the election of Council Member Chris Presley as the Baytown City
Council Mayor Pro Tem. The vote was as followed:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Heather Betancourth (Absent)
Approved
11. MANAGER'S REPORT
City Manager Davis recognized City Attorney Karen Horner for her 28 years of service to the
City of Baytown and noted this was her last council meeting. He also gave kudos to the permit
counter and Veronica Devaney, Randy Clare, and Kenny O'Quain specifically for helping a
woman with a hair salon on North Main who left a voicemail of her good experience.
Additionally, Bradley Devaney, Beverly Vercher, and James Holt were three code enforcement
officers who stopped to help somebody fix a tire on Garth.
City Council Regular Meeting Minutes
December 9, 2021
Page 30 of 30
12.
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.071 to seek the advice of the City's attorneys regarding legal matters in which
the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Open Meetings Act.
At 8:38 P.M., Mayor Capetillo recessed into and convened an executive session pursuant to:
1) Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys
regarding legal matters in which the duty of the City's attorneys to the City Council under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Open Meetings Act; and
2) 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 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.
At 9:15 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
6*433D316!
13. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the December 9,
2021, City Council Regular Meeting at 9:16 P.M.
Angela Jack'gon,
City of Baytown