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2022 01 27 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 27, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 27, 2022, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Chris Presley Charles Johnson Heather Betancourth Jacob Powell Mike Lester Brandon Capetillo Rick Davis Trevor Fanning John Stringer Angela Jackson Council Member Mayor Pro Teen Council Member Council Member Council Member Council Member Mayor City Manager Interim City Attorney Sergeant at Arms City Clerk Mayor Capetillo convened the January 27, 2022, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Charles Johnson. 1. MINUTES A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve the Minutes Agenda Items l .a. through l.c., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider approving the minutes of the City Council Regular Meeting held on December 9, 2021. City Council Regular Meeting Minutes January 27, 2022 Page 2 of 24 b. Consider approving the minutes of the City Council Retreat, Day 1, held on December 13, 2021. C. Consider approving the minutes of the City Council Retreat, Day 2, held on December 14, 2021. 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Due to technical difficulties, Item 2.a. was not considered. b. Recognition of the Be Well Baytown initiative to mobilize the community to promote wellness. Mayor Capetillo introduced the item and stated that It's Time Texas was a program to promote healthier choices in the community which was a statewide initiative, and announced Baytown was in second place. He encouraged the community to sign the pledge, as he and the Council Members were doing that night, and partake in activities. Mayor Capetillo relayed such activities could be: physical activities; making healthier food choices; and having a healthier state of mind regarding mental health. Mayor Capetillo announced there were representatives present from It's Time Texas who would give a few words. Ms. Clara Linhoff introduced herself and noted It's Time Texas was a statewide non-profit working to build healthier lives and stronger, healthier communities. Ms. Linhoff explained they focused on policies in the communities' environment, such as: establishing community gardens; fanner's market; and systems in place to give individuals more healthy options and opportunities. Ms. Linhoff stated that day Baytown's City Council and Mayor would pledge to lead healthier lives. The pledge was part of their annual It's Time Texas Community Challenge that was a free, statewide, eight -week competition anyone in Texas could join. Then, Ms. Linhoff relayed the steps in which individuals/communities at large could join via It's Time Texas's free app and website. Additionally, she noted that the It's Time Texas Community Challenge offered weekly prizes. In February, It's Time Texas would announce their winning communities. Those winning communities would earn funding towards a healthy initiative, such as water fountains or a community garden. It's Time Texas also offered free Telehealth coaching, virtual classes, and health conferences. Ms. Linhoff ended her speech encouraging everyone to join their challenge. Mayor Capetillo proceeded to read the resolution. Thereafter, he and Council signed the pledge and took photos with their pledges and the It's Time Texas representatives. 3. PROPOSED ANNEXATION OF APPROXIMATELY 34.45 ACRES LOCATED GENERALLY NEAR NW INTERSECTION OF JOHN MARTIN ROAD AND IH-10 City Council Regular Meeting Minutes January 27, 2022 Page 3 of 24 a. Consider the second reading of an ordinance for 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. Planning and Development Services Director Martin Scribner presented the item and explained that this was the final step in the annexation of the 34.45 acres near the northwest intersection of Interstate 10 and John Martin Road. Mr. Scribner reminded Council that, later on in the agenda, the item would come up again for rezoning as the 34.45 acres were part of the overall rezoning of 96.2 acres. Mr. Scribner added item 3.b.1 would place the newly annexed land into City Council District No. 3. ORDINANCE NO. 14,992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 34.45 ACRES OF LAND, CONSISTING OF THREE (3) PARCELS LOCATED GENERALLY NEAR THE NORTHWEST INTERSECTION OF JOHN MARTIN ROAD AND INTERSTATE 10, SITUATED IN THE TALCOTT PATCHING SURVEY, ABSTRACT NUMBER 620, IN HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance adding the newly annexed properties described as approximately 34.45 acres, consisting of 3 parcels located generally near the northwest intersection of John Martin Road and Interstate 10 in to Council District No. 3. A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,011, related to Item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 151011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 34.45 ACRES OF LAND CONSISTING City Council Regular Meeting Minutes January 27, 2022 Page 4 of 24 OF THREE (3) PARCELS LOCATED GENERALLY NEAR THE NORTHWEST INTERSECTION OF JOHN MARTIN ROAD AND INTERSTATE 10 INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4. PROPOSED REZONING OF APPROXIMATELY 96.2 ACRES GENERALLY LOCATED NORTH OF E IH-10 AND WEST OF JOHN MARTIN ROAD a. Conduct a public hearing concerning a request to amend the official zoning map to rezone approximately 96.2 acres generally located north of E IH 10 and west of John Martin Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. At 6:45 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 96.2 acres generally located north of E IH 10 and west of John Martin Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. Planning and Development Services Director Martin Scribner summarized the subject matter of the public hearing and relayed that the reason for the request was to rezone the property from OR to GC. At that time, Mr. Scribner noted there were no site plans nor details to show to Council due to the rezone being speculative; however, the GC designation would allow for all types of retail businesses, office uses, etc., on the property. The future land use plan depicted the property as partially commercial and partially high density residential. Mr. Scribner infonned Council that the Planning and Zoning Commission held the required public hearings with no major concerns nor comments and along with staff, they recommended approval. With there being no one registered to speak on this item, Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 96.2 acres generally located north of E IH 10 and west of John Martin Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District at 6:47 P.M. b. Consider an ordinance concerning a proposed amendment to the official zoning map to rezone approximately 96.2 acres, generally located north of E IH 10 and west of John Martin Road from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District. A motion was made by Council Member Charles Johnson and seconded by Council Member Mike Lester to approve Ordinance No. 15,012, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member City Council Regular Meeting Minutes January 27, 2022 Page 5 of 24 Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 96.2 ACRES, LOCATED NORTH OF E IH 10 AND WEST OF JOHN MARTIN ROAD, AND LEGALLY DESCRIBED AS TRACTS 1-3, ABSTRACT 620 OF THE TALCOTT PATCHING SURVEY, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. PROPOSED REZONING OF APPROXIMATELY 57 ACRES GENERALLY LOCATED NEAR THE NW CORNER OF NORTH MAIN STREET AND HUNT ROAD a. Conduct public hearing concerning a request to amend the official zoning map to rezone approximately 57 acres of an approximately 64-acre parcel located approximately 340 feet north of the northwest corner of North Main Street and Hunt Road from a Single - Family Estate (SFE) Zoning District and General Commercial (GC) Zoning District to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. At 6:48 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the official zoning map to rezone approximately 57 acres of an approximately 64-acre parcel located approximately 340 feet north of the northwest corner of North Main Street and Hunt Road from a Single -Family Estate (SFE) Zoning District and General Commercial (GC) Zoning District to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. Planning and Development Services Director Martin Scribner summarized the subject matter of the public hearing and noted that the request was to rezone approximately 57 acres at Hunt Road and North Main Street. The property was currently zoned as an SFE with the intention to be turned to a GC and SF2. The entire parcel was 64 acres; however, the 7-acre piece was already zoned as GC and the remaining 57 acres were for the request to rezone to an SF2. The future land use plan showed the area as a high density residential, and rezoning it to an S172 would bring it closer in compliance with the future land use plan. City Council Regular Meeting Minutes January 27, 2022 Page 6 of 24 Mr. Scribner informed Council that the Planning and Zoning Commission held the required public hearings with no major concerns nor comments and along with staff, they recommended approval. Mayor Capetillo noted that Mr. Matt Stoops had signed to speak regarding this item; however, Mr. Stoops stated he was with LJA Engineering and available to answer Council's questions, if any. At 6:50 P.M., Mayor Capetillo closed the public hearing concerning a request to amend the official zoning map to rezone approximately 57 acres of an approximately 64-acre parcel located approximately 340 feet north of the northwest corner of North Main Street and Hunt Road from a Single-family Estate (SFE) Zoning District and General Commercial (GC) Zoning District to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. b. Consider an ordinance to amend the official zoning map to rezone approximately 57 acres of an approximately 64-acre parcel located approximately 340 feet north of the northwest corner of North Main Street and Hunt Road from a Single-family Estate (SFE) Zoning District and General Commercial (GC) Zoning District to a Mixed Residential at Low to Medium Densities (SF2) Zoning District. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson to approve Ordinance No. 15,013, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 151013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 57 ACRES OF AN APPROXIMATELY 64-ACRE PARCEL, LOCATED APPROXIMATELY 340 FEET NORTH OF THE NORTHWEST CORNER OF NORTH MAIN STREET AND HUNT ROAD, AND LEGALLY DESCRIBED AS .50 U/D INT IN TRACTS 71 B & 71 E AND PART OF LOTS 27 35, BLOCK 19 (016*TRS 1 2 5 6 SAM HOU FMS MAP A-1562) HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM A SINGLE-FAMILY ESTATE (SFE) ZONING DISTRICT AND GENERAL COMMERCIAL (GC) ZONING DISTRICT TO A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; City Council Regular Meeting Minutes January 27, 2022 Page 7 of 24 CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. PROPOSED PLANNED UNIT DEVELOPMENT OF APPROXIMATELY 13.51 ACRES GENERALLY LOCATED EAST OF SAN JACINTO BLVD AND SOUTH OF SANTAVY RD a. Conduct a public hearing concerning the proposed Planned Unit Development (PUD) of approximately 13.51 acres generally located east of San Jacinto Boulevard and South of Santavy Road for a proposed multifamily cottage development. At 6:51 P.M., Mayor Capetillo opened the public hearing concerning the proposed Planned Unit Development (PUD) of approximately 13.51 acres generally located east of San Jacinto Boulevard and South of Santavy Road for a proposed multifamily cottage development. Planning and Development Services Director Martin Scribner summarized the subject matter of the public hearing by relaying that the item proposed a PUD, titled the San Jacinto Cottages, which consisted of 13.51 acres on San Jacinto Boulevard and South of Santavy Road. The PUD allowed the applicant to vary from nonnal regulations; however, it did allow the city to demand the applicant to deliver a higher -end product. The current zoning of the property was a Livable Center (LC), and additionally covered by the San Jacinto Overlay District (SJD). Mr. Scribner affirmed the project would continue to be zoned as an LC and adhere to the SJD standards. The item added the PUD overlay which would add design standards the city could not otherwise ask for. The future land use plan did show a small portion of the property as low -medium density residential, and the majority as higher density residential. Mr. Scribner affinned the purposed used did generally fit with that designation. Mr. Scribner gave an overview of what the San Jacinto Cottages would look like, noting the applicant would show Council further details. There would be 164 detached, for -rent cottages operating and functioning as an apartment complex while being individual, single-family units. Mr. Scribner further noted they were able to get new amenities built in to the PUD as well as having the Cottages private and gated. The Planning and Zoning Commission ("P&Z") held the required public hearings and did voice concerns, the biggest concerns were about maintenance, the perceptions of adequate parking, and whether the property owners would adequately police that parking situation. The parking situation could affect the access of emergency vehicles, congestion on nearby public roads, and question the overall quality of the development. Mr. Scribner took a moment to clarify the proposed parking and noted that the proposal actually exceeded the parking requirements. The total parking requirements of a common multifamily apartment complex for the proposed number of units were 323 parking spaces and the Cottages were providing 369 parking spaces as indicated on the site plan the applicant provided. However, Mr. Scribner noted there may have been changes to that as well that the applicant would later present. Furthermore, the city's parking ratio requirement from parking spaces to number of units was just under two. The applicant was providing 2.25—forty- six spaces over the requirement. Mr. Scribner provided examples of nearby apartment complexes for comparison. He noted the proposal was higher than the ones already approved. City Council Regular Meeting Minutes January 27, 2022 Page 8 of 24 At the conclusion of the public hearing, Mr. Scribner noted that the Planning and Zoning Commission did not feel the applicant proved there would be adequate parking or that the project would be of sufficient high quality. Therefore, they recommended, by a split vote, that Council deny the PUD request even with staff s recommendation of approval. Mr. Scribner reminded Council that they would need a two-thirds vote in order to take any action. That would be five approving votes instead of four. Mayor Capetillo noted that three individuals had signed to speak regarding this agenda item and asked them to come forward to present their comments at this time. Ms. Tiffany Foster, REME representative, provided Council with a background of the project and discussed why the project was coming before them. Ms. Foster reminded Council of the $20 million San Jacinto Boulevard Project. In 2019, the city established the SJD that solidified the desire for heightened standards in that area. During that timeframe, Baytown added 5,000 or so units that were either single-family detached or multifamily garden -style apartments. Ms. Foster commented there was a missing type of housing in Baytown and with the San Jacinto Cottages, REME had brought all of that together in one project. The Cottages would be located in the third tier of the SJD where the plan sought dense housing. In addition, Ms. Foster discussed the existing detention facility the project would improve and amenitize by creating a walking trail for the general public to access. San Jacinto Boulevard also would not have a lot of access points, and so Ms. Foster noted they had changed their land plan to line up with an existing intersection. The purchase of the land would appear later on in the agenda, Item 3.c., for REME to utilize that existing cut on San Jacinto Boulevard and introduced her peer representative, Mr. Blanco. Mr. Daniel Blanco, REME representative, added to the context of the project by displaying images as well as listing the following information: Project Recap • 13.5-Acre High Density Residential Development • Gated and Private • Featured 164 Detached Cottages • Highly Amenitized with On and Offsite Facilities • Blend of Multifamily Operations & Single -Family Living • Located in Tier 3 of the SJD • Aligns with the Future Land Use Plan Onsite Amenities • Clubhouse Fitness Center • Pool • Scattered Parks & Open Spaces • Bark Park with a Pet Wash Station City Council Regular Meeting Minutes January 27, 2022 Page 9 of 24 Mr. Blanco relayed that through the partnership with the City of Baytown, REME would utilize an existing facility and enhance it for drainage and detention. The agreement would have REME install, operate, and maintain, on the private sector's dime, a public facility. The offsite amenities would include: Offsite Amenities • San Jacinto Boulevard's Fist Public Beautification Project • Reflection Pond with Water Fountains • Park Benches • Lush Landscape and Lighting • Walking Trails with Connectivity to San Jacinto Boulevard Mr. Blanco reiterated the Cottages would operate like a multi -family. They took the pros of the multi -family complex, such as: having a single owner; ability to manage the entire facility/asset; and the ability to take care of all the landscaping of the units. REME had taken those multi -family pros and added the pro of the individual single-family style, which their residents would not live below or above anybody. Unit Offerings • One, Two, and Three Bedroom Detached Cottages • Combination of One and Two Stories • 10 Ft. Between Units (Adhered to the Single -Family Residential Code) • Attached Garage Options, Visitor Parking, and Second Tenet Parking • Private Yards • Large Walk -In Closets • Open Concept • High End Finishes Mr. Blanco addressed the Planning and Zoning Commission's concerns from their previous meeting in regards to building materials, land use, and parking. Mr. Blanco exhibited white mass renderings with the disclaimer that the displayed images were not what the Cottages would look like. The images only illustrated the farmhouse look. Building Materials • Natural Elevation Changes from Unit Mix • Conforms with the City of Baytown's 60% Masonry Inside Their PUD • Combination of Masonry, Natural Words, Metals, and Batten Board Siding Land Use • Promote Health/Well-Being by Encouraging Physical Activity, Alternative Transportation, and Greater Social Interactions with Their Amenities • Promotes an Aesthetic, High -Density, Mixed -Use Area • Permits a Combination of Office, Retail, Commercial, and Residential Uses within a Single Development City Council Regular Meeting Minutes January 27, 2022 Page 10 of 24 • Tier 3 Approved Use • Future Land Use Plan Consistent Mr. Blanco proceeded to give their statistics in comparison to Alta, their closest multifamily competition. San Jacinto Cottages' Value & Statistics • Estimated $35 Million in Property Value Over 13.5 Acres • 159,000 sq. ft. of Building Acers • $220 price per sq. ft. Alta's Value & Statistics • $39 Million in Property Value Over 19 Acres • 350,000 sq. ft. of Building Area • $1 1 1 price per sq. ft. Mr. Blanco further broke down the San Jacinto Cottages value and statistics by stating their $35 million homes equated to thirty-five $1 million -homes. The Cottages would fit those thirty-five $1 million -homes in their 13.51 acres, and also have 164 residential units versus thirty-five. Mr. Blanco noted the density would help propel the retail growth of San Jacinto Boulevard. In continuation of the presentation, Mr. Blanco addressed parking and relayed their current mix of units and the different requirements given their number of units. Parking Unit Type 1 Bedroom 2 Bedroom 3 Bedroom Visitor Total No. of Units 60 72 32 164 164 According to Livable Center (LC) PUDs, the San Jacinto Cottages were required to have 249 parking units. The multi -family code, Baytown's strictest parking requirements, required the Cottages to have 308 parking units. Mr. Blanco then provided the number of parking units the Cottages planned to deliver. Parking Type Garage 1 At Units Visitor Total Parking Delivered 108 164 198 370 By the LC PUD's requirements, the Cottages were at 121 parking units in excess (49%). Additionally, by the MF 1 Code, the Cottages were at 62 parking units in excess (20%). Mr. Blanco then highlighted on their land plan where those parking units would be located. With that being the end of his presentation, Mr. Blanco closed on the note that they were not asking a dollar from the city, but for their blessing. Mayor Capetillo noted Ms. Clara Linhoff had signed to speak; however, she was not present. At 7:14 P.M., Mayor Capetillo closed the public hearing concerning the proposed Planned Unit Development (PUD) of approximately 13.51 acres generally located east of San Jacinto Boulevard and South of Santavy Road for a proposed multifamily cottage development. City Council Regular Meeting Minutes January 27, 2022 Page 11 of 24 b. Consider an ordinance authorizing a Detention Agreement with REME Financial, LLC, for The Cottages at San Jacinto Boulevard. The Agreement provides that REME may utilize a water detention area for water detention provided they improve the area by providing a trail and other amenities. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,014, related to Item 6.b. However, there was discussion prior to the vote. Mayor Pro Tern Presley noted lie was just curious that the private development not asking for one incentive and inquired about the financing of The Cottages at San Jacinto Boulevard as to whether it was conventional financing and whether there were any governmental guarantees. REME Representative Daniel Blanco replied it would be privately financed through a typical debt and equity structures. REME would have a lender for construction and REME would bring their equity to the table. Mayor Pro Tern Presley further questioned if there would be a HUD guarantee or financing and Mr. Blanco responded no, as the project would be individually and privately financed. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: Mayor Pro Tern Chris Presley Approved ORDINANCE NO. 15,014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A DETENTION AGREEMENT WITH REME FINANCIAL, LLC, FOR THE COTTAGES AT SAN JACINTO BLVD. PLANNED UNIT DEVELOPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the sale of property located near San Jacinto Boulevard and W. Archer Road, consisting of .3726 acres of land. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Agenda Items 6.c. through 6.e. However, there was discussion prior to the vote. Council Member Alvarado addressed the public comments alluding to the Cottages as low- income housing or as apartment complexes and she assured they were not. Planning and City Council Regular Meeting Minutes January 27, 2022 Page 12 of 24 Development Services Director Martin Scribner explained those comments were from their Baytown Engage website and that the comments were before their first public hearing and before the public had a chance to see what was being proposed. Mr. Scribner relayed since then, they had not received any comments. Council Member Johnson commented on the parking situation. He thanked REME for hearing them and going above and beyond their minimum requirements as many developers fight those minimum requirements. Council Member Lester echoed Council Member Johnson's sentiment. Mayor Pro Tern Presley appreciated REME's efforts; however, he was of the opinion that Baytown was already saturated by large scale rental complexes. If there was a path to homeownership or if there were less units, Mayor Pro Tern Presley would have voted differently. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: Mayor Pro Tern Chris Presley Approved ORDINANCE NO. 15,015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SALE OF APPROXIMATELY .3726 ACRES OF LAND SITUATED IN THE W.C.R.R. SURVEY, ABSTRACT NO. 8991) HARRIS COUNTY, TEXAS, TO REME FINANCIAL, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance accepting the conveyance of approximately .2589 acres of land out of the W.C.R.R. Survey, Abstract 899, Harris County, Texas, pursuant to a Detention Agreement with REME Financial, LLC, for The Cottages at San Jacinto Boulevard PUD. ORDINANCE NO. 15,016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CONVEYANCE OF APPROXIMATELY .2589 ACRES OF LAND OUT OF THE W.C.R.R. SURVEY, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, FROM REME FINANCIAL, LLC, PURSUANT TO A DETENTION AGREEMENT FOR THE COTTAGES AT SAN JACINTO BOULEVARD PLANNED UNIT DEVELOPMENT (PUD); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 27, 2022 Page 13 of 24 e. Consider an ordinance concerning the proposed Planned Unit Development (PUD) of approximately 13.51 acres generally located east of San Jacinto Boulevard and South of Santavy Road for a proposed multifamily cottage development. ORDINANCE NO. 151017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE COTTAGES AT SAN JACINTO BOULEVARD PLANNED UNIT DEVELOPMENT OF APPROXIMATELY 13.51 ACRES GENERALLY LOCATED EAST OF SAN JACINTO BOULEVARD AND SOUTH OF SANTAVY ROAD, LEGALLY DESCRIBED AS TRACT 5A IN ELENA FRUIT & COTTON FARMS, HARRIS COUNTY, TEXAS; AUTHORIZING DEVIATIONS FROM AND ADJUSTMENTS TO DESIGN AND COMPATIBILITY STANDARDS OF THE UNIFIED LAND DEVELOPMENT CODE CONSISTENT WITH THE PLANNED UNIT DEVELOPMENT DISTRICT CREATED HEREIN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 42 "Health and Sanitation," Article IV "Food and Food Service Establishments," Section 42-131 "Definitions" and Section 42-153 "Mobile Food Establishments," Subsection (c)(3) of the Code of Ordinances, Baytown, Texas, to revise the mobile food unit definition to include an enclosed trailer and extend the operational hours at one location from six (6) hours to twelve (12) hours. Director of the Health Department Tony Gray presented the item that proposed to amend two parts of Chapter 42 in their City Code of Ordinances. He noted one amendment would expand the current definition of the mobile food unit to include "an enclosed trailer" used for the preparation, sale, or donation of on -site prepared foods. The second amendment would extend the operational hours of the location where the mobile food unit could be set up from six to twelve hours. Mr. Gray stated the other affected section, Sec. 42- 153, Subsection (c)(3), would be a simple revision as it would remove the word "six" and replace it with the word "twelve." The section would now read: Mr. Gray recapped those were the only changes, and that staff recommended approval. Mayor Capetillo noted Ms. Tammi Scott had signed to speak regarding this agenda item and asked her to come forward to present her comments. Ms. Tammi Scott spoke on behalf of small business owners and on behalf of The Dirty Daiquiri. She gave a quick story regarding the proposed twelve hours, and additionally presented pictures exhibiting the differences between food trailers versus food trucks. Ms. Scott expanded on their differences in regards to kitchen space, startup costs, and their statistics. Lastly, Ms. Scott thanked Council for considering the ordinance as it really helps support us, small business owners, City Council Regular Meeting Minutes January 27, 2022 Page 14 of 24 especially drinking establishments that want food and we benefit nothing from the food other than being of service to the community. Council Member Alvarado commented her appreciation for Council moving the ordinance forward and also thanked Mayor Pro Tem Presley and staff for joining forces with her. Council Member Lester voiced his concerns of construction standards for trailers. Mr. Gray responded they had not changed any of the exterior requirements. It would have to be an enclosed trailer. For example, a barbecue pit in the back of an open trailer would not be allowed. Mr. Gray further explained exterior surfaces and stated that according to the current ordinance, the exterior surfaces would have to made of weather -resistant materials (i.e., some type of metal, stainless, etc.). Council Member Lester reiterated his only concern were the standards. If the same standards were met as the actual motorized mobile vehicles, then he would be okay with it. Mr. Gray assured all other requirements were still in effect, and expanded on what "readily moveable" entailed. Mr. Gray informed Council Member Lester that "readily moveable" meant not being able to take the tires off the mobile food unit. Mayor Capetillo echoed Lester's concerns and noted he would have a look at that. If they did need to make some type of exterior standards, then Council would do that at that time. However, Mayor Capetillo professed he strongly supported the change. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,018, related to Item Ta. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 151018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS," SECTION 42-131 "DEFINITIONS" AND SECTION 42-153 "MOBILE FOOD ESTABLISHMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCLUDE THE USE OF FOOD SERVICE TRAILERS; TO INCREASE THE HOURS OF OPERATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 27, 2022 Page 15 of 24 b. Consider an ordinance authorizing Change Order No. 1 to SER Construction Partners, LCC for Neighborhood Street reconstruction of Allenbrook Drive (W. Baker Road to Dead End), and Edgebrook Drive (Birdsong Drive to Allenbrook Drive). Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and noted that they had to terminate a contract due to there being no progress nor perfonnance and this item would be a Change Order to SER Construction Partners to complete the work left incomplete. Ms. Brinkley stated the contract would increase with the Change Order by about S697,000, and the work would start on January 31 ". Ms. Brinkley ended on the note that staff recommended approval. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson to approve Ordinance No. 15,019, related to Item 7.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. I TO THE NEIGHBORHOOD STREET RECONSTRUCTION OF ALLENBROOK DRIVE (W. BAKER ROAD TO DEAD END) AND EDGEBROOK DRIVE (BIRDSONG DRIVE TO ALLENBROOK DRIVE) PROJECT WITH SER CONSTRUCTION PARTNERS, LLC, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED NINETY-SEVEN THOUSAND TWO HUNDRED FIFTY-TWO AND NO/100 DOLLARS (S697,252.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing Change Order No. 3, which amends the Construction Manager -at -Risk contract for the Public Safety Facility Project, with Durotech, Inc. to approve the Phase 2 and 3 Guaranteed Maximum Price. Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and noted that this was the third and final action for the GMP that would bring the total project value to about $60 million, the action being a $41 million component. The component would take twenty months to complete, with the total being thirty-two months to complete the construction of the Public Safety Facility. Ms. Brinkley lastly relayed that staff recommended approval. City Council Regular Meeting Minutes January 27, 2022 Page 16 of 24 A motion was made by Council Member Charles Johnson and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,020, related to Item 7.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO, 151020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3, WHICH AMENDS THE CONSTRUCTION MANAGER -AT -RISK CONTRACT FOR THE PUBLIC SAFETY FACILITY PROJECT, WITH DUROTECH, INC., IN AN AMOUNT NOT TO EXCEED FORTY-ONE MILLION EIGHT HUNDRED THIRTY THOUSAND EIGHT HUNDRED FIFTY-NINE AND NO/100 DOLLARS ($41,830,859.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing Contract Amendment 1 to the Construction Management Services for the Reconstruction of Rollingbrook with Cobb, Fendley & Associates, Inc. Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and relayed that Cobb, Fendley would be performing as a staff augmentation at this time. They perform construction management inspections on the project and were currently performing day- to-day inspections. Ms. Brinkley noted the project was almost completed and in the fourth phase but they had also done some work for the City to let them know that they can do bridge inspections. Ms. Brinkley further discussed the contract would help fix a bump on Rollingbrook and Cobb, Fendley would also assist with the bridge inspection that snatches the TxDOT standard, which would amend their contract with the amount of $62,990. Ms. Brinkley ended on the note that staff recommended approval. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson to approve Ordinance No. 15,021, related to Item 7.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,021 City Council Regular Meeting Minutes January 27, 2022 Page 17 of 24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE CONSULTING SERVICES CONTRACT WITH COBB, FENDLEY & ASSOCIATES FOR THE RECONSTRUCTION OF ROLLINGBROOK DRIVE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY-TWO THOUSAND NINE HUNDRED NINETY AND NO/100 DOLLARS ($62,990.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance approving Change Order No. 1 for the West District Wastewater Treatment Plant Second Feed Project. Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and expressed they had wanted to bring the Change Order forward to continue with construction. Ms. Brinkley relayed that shortly after being awarded with the contract, they were notified by Texas Commission on Environmental Quality (TCEQ) that they needed to take another look at their design plans. Ms. Brinkley informed Council that the engineer was present in the audience. The engineer, Dwayne, had worked on the project to snake sure everything had been corrected, which required new pricing and a different pipe type that could withstand the pressure meeting TCEQ standards. Ms. Brinkley noted even with the Change Order and the contract value, the contractor was still the lowest bidder. She reiterated the Change Order would be a way to continue forward with the project that would bring relief to a surcharge systern feeding the West District Wastewater Treatment Plant. The value of the Change Order was $702,556, and with that, Ms. Brinkley stated that staff recommended approval. Council Member Johnson requested elaboration on the issue with the pipe. Ms. Brinkley responded that the original pipe did not meet the standard of 150 PSI and by going up a pipe class, they were able to meet that standard. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,022, related to Item Te. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,022 City Council Regular Meeting Minutes January 27, 2022 Page 18 of 24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. I TO THE WEST DISTRICT WASTEWATER TREATMENT PLANT SECOND FEED PROJECT WITH T CONSTRUCTION L.L.C., IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED TWO THOUSAND FIVE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($702,556.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. CONSENT A motion was made by Council, Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.c. and 8.e., which were pulled for discussion. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider an ordinance authorizing a Consulting Services Agreement with Binkley & Barfield, Inc. for the Cedar Bayou Crossing Corridor Study. ORDINANCE NO. 151023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH BINKLEY & BARFIELD, INC., FOR THE CEDAR BAYOU CROSSING CORRIDOR STUDY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRED SIXTY-ONE THOUSAND ONE HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS ($661,177.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing acceptance and release of retainage to Kraftsman L.P. for the completion of the Parks Service Center. City Council Regular Meeting Minutes January 27, 2022 Page 19 of 24 ORDINANCE NO.15,024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PARKS SERVICE CENTER PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY-FOUR THOUSAND EIGHT HUNDRED FORTY AND 54/100 DOLLARS ($74,840.54) TO KRAFTSMAN, L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the restoration of the Baytown Fire Department's 1947 Mack fire truck to be completed by Automotion Classics, Inc. Council Member Betancourth had several queries for Fire Chief Keith Dobson related to this item. She first requested to be reminded of the cost of the restoration project and Chief Dobson answered the total cost would be $82,4261) which would include the transport of the truck up to New York, where it would be worked on, and brought back to Baytown. Council Member Betancourth then questioned about how long it would take to complete and Assistant Chief Ronal Roberts replied eight to nine months. Council Member Betancourth inquired on the proposed plan for the truck after it would be fully restored and Mr. Roberts responded they would push some options around since the Public Safety Building had no display space available and for the meantime, they would place the restored truck at either Fire Station 6 or 1. Mr. Roberts elaborated Fire Station 1 would have a viewing area as it had glass front doors. Council Member Betancourth stated that Fire Station 2 had been previously suggested to store the restored truck as it would probably have a display space, though it had yet to be funded, which Mayor Capetillo confirmed. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Chris Presley to approve Ordinance No. 15,028, related to Item 8.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Jacob Powell, and Council Member Mike Lester Nays: Council Member Heather Betancourth Approved ORDINANCE NO. 15,028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PROPOSAL OF AUTOMOTION CLASSICS, INC., FOR THE RESTORATION OF THE BAYTOWN FIRE DEPARTMENT'S 1947 MACK FIRE TRUCK; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF EIGHTY-TWO THOUSAND FOUR HUNDRED TWENTY-SIX AND 70/100 DOLLARS ($82,426.70); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 27, 2022 Page 20 of 24 d. Consider an ordinance for professional services from TIBCO Software, Inc., for the Phase III License Plate Reader (LPR) Integration for Houston HIDTA. ORDINANCE NO.151025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE SUM OF ONE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS (S 130,000.00) TO TIBCO SOFTWARE, INC., FOR THE SOLE -SOURCE PURCHASE OF PROFESSIONAL SERVICES FOR THE PHASE III LICENSE PLATE READER INTEGRATION FOR HOUSTON HIDTA; MAKTNG OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the Third Amendment to the Lease of Premises with Solid Waste, Ltd. Inc., for the Baytown Marina. Mayor Capetillo requested the appropriate personnel describe the general preface of the contract extension. Interim City Attorney Trevor Fanning responded there was a mistake in the preface because as it was written, the two additional six-month periods were not stated. Mayor Capetillo further requested elaboration as to how it was written and Mr. Fanning stated that as it was written, it extended the lease for one year. He noted the contract was first entered in 2002 with three five- year extensions. However, the amendment takes the date at the end of the third extension and advanced it one more year until February 2023. Council Member Lester received calls in concern of the contract as there was a concern that Council would re -approve a fifteen -year contract or a five-year contract with two five-year extensions. Council Member Lester commented that could be very lucrative and wanted clarification that they were not renewing, but only extending the contract one year. So, staff could have the appropriate time to develop a proper Request for Proposal (RFP) for a proper marina operation, which he supported. Mayor Pro Tern Presley commented the lease was unnecessarily complicated. He questioned if they really needed one year. City Manager Rick Davis answered they did not need one year before they petitioned for proposals but given the timing of the construction of the Hotel Convention Center, there would be a "ramp -down" and "ramp -up" type of process and they did not want to wait until the termination of the agreement before they do an RFP. Mr. Davis further explained they were trying to time it right for another entity to "ramp up" and resume those operations. Mayor Pro Tern Presley queried if it would be put out for public bid and Mr. Davis affirmed so and noted the marina would becorne a major amenity to the Hotel Convention Center. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,029, related to Itern 8.e. The vote was as follows: City Council Regular Meeting Minutes January 27, 2022 Page 21 of 24 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tetra Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 151029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE LEASE OF PREMISES WITH SOLID WASTE, LTD. INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance repealing Ordinance No. 14,849, which authorized a Depository Services Agreement with J.P. Morgan Chase Bank; and authorizing a new Depository Services Agreement with Cadence Bank, N.A., as the depository for the City of Baytown. ORDINANCE NO. 151026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 14,849 WHICH AUTHORIZED A DEPOSITORY SERVICES AGREEMENT WITH J.P. MORGAN CHASE BANK; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A NEW DEPOSITORY SERVICES AGREEMENT WITH CADENCE BANK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the First Amendment to the Industrial District Agreement with Plastic Express. ORDINANCE NO. 15,027 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 THE FIRST AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT WITH PLASTIC EXPRESS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution approving the City of Baytown Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act, Section 2256.005(e). City Council Regular Meeting Minutes January 27, 2022 Page 22 of 24 RESOLUTION NO. 2766 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND STRATEGY STATEMENT IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an amended and restated resolution designating authorized signatories for the Community Development Block Grant — Mitigation Grant Program (CDBG-MIT): GLO Contract #22-085-012-D240. RESOLUTION NO. 2767 AN AMENDED AND RESTATED 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 —MITIGATION PROGRAM (CDBG-MIT) CONTRACT #22-085-012-D240; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider a resolution designating authorized signatories for the Community Development Block Grant — Mitigation Grant Program (CDBG-MIT): GLO Contract #22- 082-020-D258. RESOLUTION NO. 2768 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 —MITIGATION PROGRAM (CDBG-MIT) CONTRACT#22-082-020- D258; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. APPOINTMENTS a. Consider the appointment of Kelly Benavides, Michael Marks and Andy Helms as Associate Municipal Court Judges for the term of office, which begins February 1, 2022, and ends on January 31, 2024. Interim City Attorney Trevor Fanning relayed that two weeks ago, Council had approved to extend the contract of the Municipal Court Judge, and every year after doing so, Council would need to approve the contracts of the three backup Associate Municipal Court Judges. Mr. Fanning City Council Regular Meeting Minutes January 27, 2022 Page 23 of 24 stated the appointees had signed a two-year contract as well, and were appointed in the same manner that the Municipal Court Judge was appointed. Mayor Capetillo voiced he would abstain from the vote. A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Charles Johnson to approve the appointment of Kelly Benavides, Michael Marks, and Andy Helms as Associate Municipal Court Judges for the teen of office beginning on February 1, 2022 and ending on January 31, 2024. The vote was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo (Abstain) Approved b. Consider tsvo (2) appointments to the Baytown Animal Control Advisory Committee. City Clerk Angela Jackson noted that there were currently two vacancies on the Baytown Animal Control Advisory Committee. One vacancy was for the Interested Citizen position, for which Ms. Yesenia Navarro was being considered and the other was for the Chief of Police designee, for which Corporal James Carr was being considered. Mayor Capetillo asked if the recommendation for the Interested Citizen position was made by the Ad Hoc Committee and Council Member Alvarado affinned and stated that this would be their final recommendation. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson to approve the two (2) appointments, Ms. Yesenia Navarro and Corporal James Carr, to the Baytown Animal Control Advisory Committee to serve unexpired terms, which are set to expire on September 30, 2022. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes January 27, 2022 Page 24 of 24 10. MANAGER'S REPORT City Manager Rick Davis reminded Council that he had sent them the first draft of the implementation plan that would set the basis of their discussion and prioritization exercise that would follow next month. 11. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. At 7:53 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. At 8:07 P.M., Mayor Capetillo reconvened the open meeting and announced that in accordance with the 551.102 of the Texas Government Code, no action was taken in the Executive Session. 12. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the January 27, 2022, City Council Regular Meeting at 8:07 P.M. gA_YTC?6jry Angela J ,kson, 2 y Clerk City of Baytown