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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) City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes December 9, 2021 Page 4 of 30 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. City Council Regular Meeting Minutes December 9, 2021 Page 5 of 30 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. City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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: City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes December 9, 2021 Page 12 of 30 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 City Council Regular Meeting Minutes December 9, 2021 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