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
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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
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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.
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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;
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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.
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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
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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
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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.
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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
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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