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2022 02 10 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 10, 2022 The City Council of the City of Baytown,Texas,met in a Regular Meeting on Thursday, February 10, 2022, at 6 38 P M in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown,Texas with the following in attendance Laura Alvarado Council Member Chris Presley Mayor Pro Tem Charles Johnson Council Member Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Trevor Fanning Intenm City Attorney John Stnnger Sergeant at Arms Angela Jackson City Clerk Mayor Capetillo convened the February 10, 2022, City Council Regular Meeting with a quorum present at 6 38 P.M , all members were present The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Jacob Powell 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on January 13, 2022. b Consider approving the minutes of the City Council Special Meeting held on January 25, 2022 A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve the Minutes Agenda Items l.a and 1 b , as submitted However, there was discussion pnor to the vote. Mayor Capetillo noted that Mr David Isaac had signed to speak regarding this item and asked him to come forward to present his comments Mr David Isaac discussed Council's approval of The Cottages at San Jacinto Boulevard He commented that the week pnor to the January 27th Council meeting, the Planning and Zoning Commission ("P&Z") had voted The Cottages down Mr. Isaac stated there should be a City Council Regular Meeting Minutes February 10,2022 Page 2 of 14 conversation about what sovereignty or power the elected officials and appointed officials had and questioned as to whether Council would continue to vote things in place even though committees voted down Mr. Isaac claimed this was an example of the city cutting deals and favors, picking winners and losers He proposed Council should fully assess matters based on what the committees had to say, and hoped the ruling would go back to the P&Z to hear the side of Council. If not, Mr Isaac alleged this was another example of the City not going through the right motions to get the right laws passed Mr. Isaac commented that the City still does not have an ethics commission He ended on the sentiment of Council listening to the committees so the citizens do not feel ignored The vote for the motion on the table 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 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating February 20-26, 2022, as National Engineers Week in Baytown. Mayor Capetillo introduced the item by first giving his appreciation to the Director of Public Works&Engineering Frank Simoneaux,Public Works staff, and City Engineers Mayor Capetillo presented and read the National Engineers Week proclamation that proclaimed February 20th to the 26th of the year 2022 as National Engineers' Week in Baytown 3. PROPOSED AMENDMENT TO REDISTRICTING PLAN a Conduct a public hearing regarding an amendment to the Redistricting Plan for the City of Baytown previously approved on December 9th, 2021, based on 2020 Census Data. At 6.46 P M , Mayor Capetillo opened the public hearing regarding an amendment to the Redistricting Plan for the City of Baytown previously approved on December 9th, 2021,based on 2020 Census Data Before Mayor Capetillo had staff summarize the subject matter of the public hearing,he noted that Mr David Isaac had signed to speak regarding this item In regards to Item 1 b , Mr David Isaac requested that special sessions be recorded Regarding the public hearing,Mr Isaac commented that he had attended the November 15th Work Session where Council discussed the redistricting report from ten years ago and what he saw was race-based districting. He noted when Council Member Johnson asked about his district and the black population, KMC Institute did not even have that on the report on the board Mr Isaac expressed he would like to vote down the current redistricting process and redo things the way City Manager City Council Regular Meeting Minutes February 10,2022 Page 3 of 14 Rick Davis wrote about in his book—a community-based strategic plan where community members had sovereignty and are able to vote Mr Isaac discussed that in District 3, certain neighborhoods with middle-class homes, such as Meadow Lake, Eastpoint, Springfield, and Preston Place, were not a part of Baytown and yet still paid sales taxes. He noted the MDD Board made decisions for those neighborhoods, yet they were not involved Mr. Isaac ended on the note that if the City was going to redistrict and gerrymander, then to do so with community input. In continuation of the hearing, Interim City Attorney Trevor Fanning then summarized the subject matter of the public hearing related to Item 3 a Mr. Fanning recalled that on December 9th,Council had redistricted based on the census and presented the map of what Council had approved at that time However, after they had put the map into the GIS system, Planner Trevor Harlow noticed there were sections that were not included in any district, which were mostly from recent annexations within the last year.Additionally,Mr Fanning noted there was also a slight difference between the overlay lines from the census versus what the city had In pursuant to that,Mr Fanning approached Dr Robert Stein again,who had done Baytown's redistricting for the past thirty years, and noted that Dr Stein made sure they, along with other municipalities in the surrounding areas, were within the legal parameters as well as the parameters that Council choose when it comes to choosing districts He then presented a map that indicated the areas shaded in pink that had not been previously included in the redistricting Dr Robert Stein then presented his new plan to Council Dr Stein reiterated that the pink areas of the map before Council, were not reported to the census during 2010 through 2020 At this time, they could not override the program and change the census report,however,him and his colleague, John Alfred, were able to accommodate the changes and identify the census blocks of the newly incorporated areas They counted the physical residential houses and had the census count of the population in that area Dr Stein noted they did have to cut some blocks in half to accommodate the fact that some were in city limits and some were not He further informed the Council that the Limited Purpose Annexations on the far east side had few people living in those jurisdictions as those were mostly commercial. Dr. Stein presented and discussed the table with the new distribution of citizens in each Council District He noted the percent deviation from largest to smallest Council District could not exceed 10%and that the previous plan was at 6.5% Dr. Stein further commented they only changed about ninety-four people He summarized the plan was the same, but that the pink areas that had been annexed were now in a Council District The plan had already been submitted to the City Attorney, which would then go to the Justice Department Dr Stein recapped on Council's guidelines for the redistricting map and stated the changes made the map cleaner His recommendation to Council for future annexations was to keep the City Attorney and Planning up to speed on their goals. Mayor Capetillo had a question over an area on the far east side in a block of pink that stated"city limits" and requested an explanation as to why Dr Stein commented he had asked former City Attorney Karen Horner who answered it was a Limited Purpose Annexation that did not have a lot of people for commercial reasons He gave the disclaimer that it did not mean it would not grow, but that it was not connected to the city's community—to which he had no knowledge of why Mayor Capetillo reiterated his question was just that as long those census tracks could be included into Dr. Stein's factoring,then it would be fine Dr Stein agreed and affirmed they did not change City Council Regular Meeting Minutes February 10,2022 Page 4 of 14 Baytown's population Mayor Capetillo further clarified that Council could redistrict anytime within ten years, however, only use the data from the census and Dr Stein agreed At 6 56 P M., Mayor Capetillo closed the public hearing regarding an amendment to the Redistricting Plan for the City of Baytown previously approved on December 9th, 2021,based on 2020 Census Data b. Consider an ordmance amending the previously adopted redistricting plan for the City of Baytown to include certain areas within the city which were not included in the plan adopted on December 9th, 2021, based upon the 2020 census data. Intenm City Attorney Trevor Fanning had nothing more to add over the item Mayor Capetillo expressed his pride for the diversity of the Baytown City Council that reflected Baytown's community In regards to the sensitive matter of redistricting, Mayor Capetillo affirmed that Dr Stein and Council relied and made decisions based on data. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem Chris Presley to approve Ordinance No. 15,030, related to Item 3 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 Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays None Approved ORDINANCE NO. 15,030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE VOTING PLAN FOR THE CITY OF BAYTOWN AS PROVIDED BY ARTICLE NO. II, SECTIONS 12 AND 17 OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF 4. PROPOSED ORDINANCES a. Consider an ordinance awarding a construction contract to Construction Masters of Houston, Inc.,for the Citizen's Bank Renovation Project. A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member Charles Johnson to approve Ordinance No 15,031 and Ordinance No 15,032,related respectively to Items 4 a and 4 b However, there was discussion prior to the vote Assistant Director of Public Works and Engineering Andrea Brinkley explained the items were for their Citizen's Bank renovation project The architect, Scott Daley of Element Architects, and contractor, Justin Davis of Construction Masters of Houston, were present for the meeting. Ms Brinkley discussed the project was built through the competitive sealed proposal method, an City Council Regular Meeting Mmutes February 10,2022 Page 5 of 14 alternative delivery method that allowed them to choose costs and qualifications so the cost was considered at a 55%of the consideration and evaluation Ms Brinkley further noted the evaluation team included department representatives from both Finance and Public Works and Engineering Ms Brinkley stated that other components of the project consisted of the key project personnel, the contractor's experience, ability to deliver the project on schedule, and safety record was important to the city The evaluation team interviewed the lowest cost proposal firm as well as the other firms that were best qualified or in the top tier, and were shortlisted The evaluation team additionally evaluated the team presented because they understand that the team is going to help deliver the project Ms Brinkley proceeded to outline the things that are key to the project In their consideration, the project cost came slightly over their construction budget outlined in their Capital Improvement Program Thus, staff went through went through two cost savings evaluations and basically, two efforts they had alternated in the project, and opted to include new masonry. Staff asked the contractor to provide out-of-the-box ideas for cost savings items, which included lobby lighting, general field lighting, a thinner masonry, which did not change the look of the building but made it easier to construct,and by installing a terrazzo floor,it gave it a nice complete finish. In total, they were able to achieve $420,000 in savings—dropping the price from $3 8 million to $3,467,695 The total duration of the contract would be eighteen months and Ms. Brinkley ended on the note that staff recommended approval In regards to Item 4 b , Ms Brinkley explained it was their construction management and inspection contract with Hill International, who also provided the same service on the Animal Shelter Project. Hill International services comprised of providing day-to-day staff augmentations to provide all of the documentation on the project, troubleshooting, and additional expertise The total value of the Hill International contract was $181,875 and Ms Brinkley relayed staff recommended approval Regarding Item 4.a , Council Member Johnson questioned when the construction would begin Ms Brinkley answered they typically started construction with a pre-con (a notice to proceed) about two weeks after the approval at the meeting and the contractor assured staff they wanted to start right away Mayor Pro Tem Presley thanked Ms Brinkley and every staff member that had worked on the project He commented over the project's history along with Council's difference in opinions, and believed that Council had come to the best decision Council Member Johnson further questioned why the process was different where they did not go with the best bid Ms. Brinkley explained the process was afforded to them by the Texas Local Government Code where they had a considerable amount of complexity on the project Staff feared if they only considered costs and not how they would match the expertise of the contractor, they could find themselves in a long process ensuring quality The competitive sealed proposal method allowed them to consider evaluations on the costs, expertise, safety record, and team of that company Ms Brinkley further discussed in detail their rigorous process and noted that the process made her feel more comfortable moving forward. City Council Regular Meeting Minutes February 10,2022 Page 6 of 14 Moreover, Mayor Capetillo similarly commented over the history of the property and stated it was a good area of town to invest for their citizens and with that,he wished his best on the construction and moved forward with the motion The vote for the motion on the table was as follows Ayes. Mayor Brandon Capetillo,Council Member Laura Alvarado,Mayor Pro Tern Chris Y Y p Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays None Approved ORDINANCE NO 15,031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CONSTRUCTION MASTERS OF HOUSTON, INC , FOR THE CITIZENS BANK RENOVATION PROJECT, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH CONSTRUCTION MASTERS OF HOUSTON, INC , FOR SAID CONTRACT, AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF THREE MILLION FOUR HUNDRED SIXTY-SEVEN THOUSAND SIX HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($3,467,695 00), MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b. Consider an ordinance authorizing a Professional Services Agreement with Hill International, Inc. to perform construction management and inspection services for the Citizens Bank Renovation Project. ORDINANCE NO 15,032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH HILL INTERNATIONAL, INC , FOR CONSTRUCTION MANAGEMENT AN INSPECTION SERVICES FOR THE CITIZENS BANK RENOVATION PROJECT, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY-ONE THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NO 100 DOLLARS ($181,875 00), MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing an Interlocal Agreement with Harris County for the acquisition of right-of-way, design, and reconstruction to serve the Market Street Revitalization Project. City Council Regular Meeting Minutes February 10,2022 Page 7 of 14 Director of Public Works and Engineering Frank Simoneaux presented the item and explained it was for an interlocal agreement with Hams County for the final design, right-of-way acquisition, and reconstruction of Market Street from Bayway to Sterling. The project was selected as a partnership with Hams County in 2020 He noted that Hams County would lead the project and that the preliminary engineering had already been completed. The project would reconstruct and reconfigure pavement with adding roundabouts and pedestrian/cyclist accessibility Hams County was contributing $5,581,124 along with Baytown contributing $7,600,124, however, the City would be responsible for all cost overruns on the project. The item would go to Harris County Commissioners' court if passed, and Mr Simoneaux relayed that staff recommended approval A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson to approve Ordinance No. 15,033, related to Item 4 c However, there was discussion prior to the vote. Council Member Alvarado commented that the West Baytown Civic Association met for the first time since the pandemic the day before the meeting, and this was the item number one on the agenda Council Member Alvarado imparted on the Association's behalf that they were excited to say the least;however,their number one concern was beginning the project before schools opened She expressed they wanted to work closely with Baytown PD and Goose Creek PD to safely navigate walking students In the design phase, Council Member Alvarado stated that would be something they would closely look at to keep the safety of the kids in mind City Manager Rick Davis expressed his appreciation to the Hams County Commissioner Adrian Garcia for his support on the project Mr Davis also expanded on the details of the project that would in totality remake that whole side of Baytown He noted their ability to shrink the vehicular footprint, in favor of expanding bicycle and pedestrian use, was a gargantuan part of the entire initiative Council Member Lester inquired of the number of the proposed roundabouts and where they would be, and Mr. Simoneaux answered there would be three roundabouts at Airhart, West Main, and Lee Drive Lastly, Mayor Capetillo commented that the item was an example of the city putting money in to areas that could use improvement He also expressed appreciation to Hams County and the Commissioner's Office for their partnership that expedited the project Mayor Capetillo additionally acknowledged staff and the Public Works and Engineering Department The vote for the motion on the table 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 City Council Regular Meeting Minutes February 10,2022 Page 8 of 14 ORDINANCE NO 15,033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE ACQUISITION OF RIGHT-OF-WAY, DESIGN, AND RECONSTRUCTION TO SERVE THE MARKET STREET REVITALIZATION PROJECT, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVEN MILLION SIX THOUSAND ONE HUNDRED TWENTY-FOUR AND NO/100 DOLLARS ($7,006,124 00), MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF 5. PROPOSED RESOLUTION a Consider a resolution authorizing the City Manager to submit a Partnership Project Application to Harris County Precinct 2 for Fiscal Year 2022. Director of Public Works and Engineenng Frank Simoneaux presented the item and noted that as they go into the final design phase of one of the partnership projects, they are looking to submit another application for a partnership project, for the reconstruction of Lee Dnve from Market Street to Business 146, or Grand Parkway, as it was being reconstructed Staff proposed to submit the reconstruction of Lee Dnve, which would include the reconstruction of the payment similar to Market Street, reconfiguration of a cross-section; increased pedestnan and cyclist mobility, drainage improvements, and streetscape enhancements Mr Simoneaux stated the goal of the project would be to create an aesthetically pleasing and functional corridor for the residents of the area, and be a gateway to the Grand Parkway and any development to the south He noted that the initial cost estimate was $16.5 million with the grant generally being a 50/50 match If the project would be selected, Mr. Simoneaux stated an interlocal agreement would be brought to Council for consideration With that, Mr Simoneaux relayed staff recommended approval A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Laura Alvarado to approve Resolution No 2769, related to Item 5 a 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 RESOLUTION NO 2769 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO HARRIS COUNTY PRECINCT 2 FOR ONE (1) FISCAL YEAR 2022 City Council Regular Meeting Minutes February 10,2022 Page 9 of 14 PARTNERSHIP PROJECT GRANT ON BEHALF OF THE PUBLIC WORKS AND ENGINEERING DEPARTMENT FOR INFRASTRUCTURE IMPROVEMENTS ON LEE DRIVE, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF 6 CONSENT A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 6 a through 6 g , however, Council Member Mike Lester requested to pull Consent Agenda Item 6 e. for discussion purposes An amended motion was then made by Mayor Pro Tem Chris Presley and seconded by Council Member Heather Betancourth to approve Consent Agenda Items 6 a through 6 g., with the exception of Item 6 e , which was pulled for discussion 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 an ordinance authorizing the purchase and installation of micro-surfacing from Intermountain Slurry Seal, Inc., utilizing the City of Baytown's Cooperative Purchase Agreement with the City of North Richland Hills. ORDINANCE NO 15,034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED FIFTY THOUSAND THREE HUNDRED THIRTY AND 75/100 DOLLARS ($450,330.75) TO INTERMOUNTAIN SLURRY SEAL, INC , FOR THE PURCHASE AND INSTALLATION OF MICRO-SURFACING, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF NORTH RICHLAND HILLS, MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF b. Consider an ordinance authorizing the purchase of two (2) SearchCam 3000, two (2) Hasty Search Kits, and two (2) US&R Delsar ID3-6 Victim Locator from Safeware,through the Omnia Partners COOP for the Baytown Fire Department's Structural Collapse/Technical Rescue Team. City Council Regular Meeting Mmutes February 10,2022 Page 10 of 14 ORDINANCE NO 15,035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-ONE THOUSAND FOUR HUNDRED NINETY-SIX AND 58/100 DOLLARS ($91,496 58) TO SAFEWARE, INC , FOR THE PURCHASE OF TWO (2) SEARCHCAM 3000, TWO (2) HASTY SEARCH KITS, AND TWO (2) US&R DELSAR ID3-6 VICTIM LOCATORS FOR THE BAYTOWN FIRE DEPARTMENT'S STRUCTURAL COLLAPSEYTECHNICAL RESCUE TEAM, THROUGH OMNIA PARTNERS PURCHASING COOPERATIVE; MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF c. Consider an ordmance renewing the Annual Electrical Services Contract with Baytown Electric Company. ORDINANCE NO 15,036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL ELECTRICAL SERVICES CONTRACT WITH BAYTOWN ELECTRIC COMPANY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF d. Consider an ordinance renewing the Annual Electrical Motor Control Service Contract with Baytown Electric Company. ORDINANCE NO 15,037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL ELECTRICAL MOTOR CONTROL SERVICE CONTRACT WITH BAYTOWN ELECTRIC COMPANY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000 00), MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF e. Consider a resolution approving the name change for two (2) City of Baytown parks. Council Member Lester stated he had no problems with the name changes, but had a question for the City Manager over the current Chandler Arboretum He noted the Arboretum's onginal concept was a free-access, open park and with the new connection to the Nature Center, Council Member Lester's concern was in regards to there now being a fee by going through the main entryway. Mayor Capetillo echoed Council Member Lester's concern and requested the Park's Board standpoint. City Council Regular Meeting Mmutes February 10,2022 Page 11 of 14 Assistant Director of Parks and Recreation Clifford Hatch explained the Parks Board had approved the matter before the groundbreaking on November 13, 2020 Mr Hatch stated the Parks Board could definitely look at solutions to the issue, and offered a possible alternative access down Shrek Road Mr. Hatch noted the item was at the beginning of the project and working on the greenhouse, thus, the Arboretum's completions date was far in advance, which provided them time to discuss the access point Council Member Lester brought up Mayor Pro Tern Presley commented he was at the groundbreaking, along with the Mayor, and that the Chandler Family did not have any objections and Mr Hatch confirmed that was correct Council Member Lester reiterated his concern over the fee and if that was something that was just not caught and Mr Hatch replied he did not have an answer for that, but offered to go back and check Mayor Capetillo asked Council Member Lester if he would like to consider the item, or if he would like more information. Since the item was only for the name change, Council Member Lester stated he was not opposed to that A motion was made by Council Member Mike Lester and seconded by Council Member Heather Betancourth to approve Resolution No 2772, related to Item 6 e 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 RESOLUTION NO 2772 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE NAME CHANGE FOR TWO (2) CITY OF BAYTOWN PARKS, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF f. Consider a resolution authorizing the adoption of the attached policies for compliance with the Community Development Block Grant-Mitigation(CDBG-MIT)Grant Program: GLO Contract#22-085-012-D240. RESOLUTION NO 2770 A RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION WITH THE CITY OF BAYTOWN,TEXAS',PARTICIPATION IN FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION (CDBG-MIT) CONTRACT #22-085-012-D240 AND ADHERENCE TO THE REGULATIONS DESCRIBED THEREIN City Council Regular Meeting Mmutes February 10,2022 Page 12 of 14 g. Consider a resolution authorizing the adoption of the attached policies for compliance with the Community Development Block Grant-Mitigation(CDBG-MIT)Grant Program: GLO Contract#22 -082-020-D258. RESOLUTION NO 2771 A RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION WITH THE CITY OF BAYTOWN, TEXAS', PARTICIPATION IN FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION (CDBG-MIT) CONTRACT #22-082-020-D258 AND ADHERENCE TO THE REGULATIONS DESCRIBED THEREIN 7. APPOINTMENTS a. Consider one (I) appointment to the Baytown Fire Control, Prevention, and Emergency Medical Services District(FCPEMSD) board City Clerk Angela Jackson relayed Council Member Lester nominated Mr Maurice Watts for reappointment as the District 6 appointee A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to approve Maurice Watts as the District 6 Reappointment to the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) board 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 b. Consider two (2) appointments to the Tax Increment Reinvestment Zone No. One, City of Baytown,Texas (TIRZ). City Clerk Angela Jackson requested Items 7 b and 7.c. be considered together as both boards consist of the same board members and Mayor Capetillo agreed A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Jacob Powell to reappoint Mr. Terry Sam as the District 2 Reappointment and Mr Frederick Harlow as the New At-Large Appointment,relating to Appointment Agenda Items 7.b. and 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 City Council Regular Meeting Minutes February 10,2022 Page 13 of 14 Nays. None Approved c. Consider two (2) appointments to the Baytown Redevelopment Authority. This item was considered in conjunction with Agenda Item 7.b. 8. MANAGER'S REPORT City Manager Rick Davis shared a couple of success stones with Council. Telecommumcator Glynda Rosier received recognition for her calm and professional performance on a call Mr Davis additionally reported that he received a letter from the Chief of Police from Memonal Villages who spoke highly of Officer Chris Overland's assistance in identifying, tracking, and taking into custody a suspect of a case Lastly, Mr Davis relayed that the City of Baytown was once again awarded a Certificate of Distinction in exemplifying the standards established by Baytown's International City and County Management Association in the application of performance data to local government management, including training, venfication, public reporting, planning, decision-making, networking, and accountability He was very proud to present the City of Baytown with this award and hope to continue to earn that distinction into the future as a data-dnven, performance-based organization. 9. COUNCIL MEMBER DISTRICT REPORT 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. Mayor Capetillo explained the standing item was added for citizens to be aware of the good things happening in the Council Member's Distncts The Council Member who gave the pledge and invocation would have the opportunity, after the Manager's Report,to give a bnef Distnct Report Council Member Powell of Distnct 5 began his report over Jenkins Park He encouraged everyone to visit due to their Prefect Trail Project being underway and added that Jenkins Park now had solar lights along the trails in addition to other future improvements Council Member Powell also addressed questions he had received over what was being built on properties that were being cleared and indicated that on Massey Tompkins, there would be a new neighborhood with single-family residential homes, Raccoon Dnve would have a new neighborhood as well, and on Highway 146,there would be a mixed-use development of high-end apartments and commercial On a last note, Council Member Powell relayed he had spoken with homeowners in regards to drainage He thanked the Public Works and Engineenng staff for walking the area and being receptive to what the homeowners had to say In conclusion, Council Member Powell wished all Baytownias and his family a Happy Valentine's Day. City Council Regular Meeting Mmutes February 10,2022 Page 14 of 14 10. EXECUTIVE SESSION a. Recess mto and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect and to seek the advice of the City's attorneys on legal matters related thereto. At 7.29 P M , Mayor Capetillo recessed and convened in to an executive session pursuant to Sections 551 071 and 551 087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect and to seek the advice of the City's attorneys on legal matters related thereto At 9 14 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. 11. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the February 10, 2022, City Council Regular Meeting at 9 14 P M. c_gp,Yrofv Angela J c on, City Clerk h „ b City of Baytown 4W; -�`��� a dam`t, m°p q�.s Rv meerow^*°v"&l *:dj �r r y. ,