300 West Walker

City of League City, TX

League City TX 77573

Meeting Minutes

City Council

Tuesday, April 23, 2024

6:00 PM

Council Chambers

200 West Walker Street

The City Council of the City of League City, Texas, met in a regular meeting in the

Council Chambers at 200 West Walker Street on the above date at 6:00 p.m.

Mayor:

Nick Long

City Council Members:

Andy Mann

Tommy Cones

Tom Crews

Courtney Chadwell

Justin Hicks

Chad Tressler

Sean Saunders

City Manager:

John Baumgartner

Rick Davis

Assistant City Manager:

Assistant City Manger-CFO:

Interim City Attorney:

Angie Steelman

Michelle Villarreal

Diana M. Stapp

Cliff Woitena

Ron Bavarian

Christopher Sims

Kimberly Corell

James Brumm

Chien Wei

City Secretary:

Chief of Police:

Executive Director of Capital Projects

Executive Director of Development Services:

Director of Finance:

Director of Human Resources/Civil Service:

Director of Parks & Cultural Services:

Director of Public Works:

Jody Hooks

CALL TO ORDER AND ROLL CALL OF MEMBERS

Mayor Long called the meeting to order at 6:00 p.m. and called the roll. All members of

Council were present.

8 -

Mayor Nick Long, Mr. Andy Mann, Mr. Tommy Cones, Mr. Tom Crews, Mr.

Courtney Chadwell, Mr. Justin Hicks, Mr. Chad Tressler and Mr. Sean Saunders

Present

INVOCATION, PLEDGE OF ALLEGIANCE TO THE U.S. FLAG AND PLEDGE OF

ALLEGIANCE TO THE TEXAS FLAG

The invocation was given by Rev. Kyra Baehr of Unity Bay Area Houston.

Mayor Long led in the pledges of allegiance to the flags.

APPROVAL OF MINUTES

April 9, 2024 Regular Meeting

3A.

24-0205

Mayor Long asked if there were any corrections. He said hearing none, these minutes are

approved.

PROCLAMATIONS, PRESENTATIONS, AWARDS, AND COMMUNITY

SPOTLIGHT

Mayor Long - I'd like everybody to join me in welcoming Joshua Gutierrez. Joshua joined

the City Attorney's Office on April 8, as Assistant City Attorney. Joshua was born and

raised in the Gulf Coast in Sweeny, Texas. He attended McMurry University and

graduated with a bachelor's degree in Biology. Afterwards, Joshua attended Arizona

Summit Law School where he graduated with his Juris Doctorate. Prior to joining us,

Joshua worked as an Assistant District Attorney for the Galveston County District

Attorney's Office, where he prosecuted felony crimes in the 405th District Court. In his

spare time, he enjoys watching sports and being outdoors. Joshua looks forward to giving

back to the community, as well as sharing his knowledge and experience with the City

Attorney's Office.

PUBLIC COMMENTS BEFORE CITY COUNCIL

Members of the public are invited to give comments at this time, lasting not longer than 3

minutes. Comments may be general in nature or may address a specific agenda item.

NAME

ADDRESS

SUBJECT

BESS

Laura Teatsworth

William Pate

517 Small Cedar

CONSENT AGENDA

Approval of the Consent Agenda

A motion was made by Mr. Hicks, seconded by Mr. Tressler, to approve the Consent Agenda.

The motion passed by the following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

Consider and take action on a resolution authorizing a one-year renewal agreement with

Wastewater Transport Services LLC for grit screening/sludge transportation and disposal

services in an amount not to exceed $527,562 (Director of Public Works)

6A.

6B.

24-0193

24-0194

Approved on the Consent Agenda - Resolution No. 2024-63

Consider and take action on a resolution authorizing a two-year agreement with Seril, Inc. dba

Houston Grotech for manicured mowing and landscaping services for Public Works Utility

Facilities and roadway medians in an amount not to exceed $474,156 (Director of Public

Works)

Approved on the Consent Agenda - Resolution No. 2024-64

6C.

6D.

24-0208

24-0161

Consider and take action on a resolution authorizing the expenditure of $147,566 with John

Deere dealer King Ranch Ag & Turf in League City for ten (10) pieces of John Deere

equipment $147,566 to be used at The Ballpark at League City (Executive Director of Facilities

and Information Technology)

Approved on the Consent Agenda - Resolution No. 2024-65

Consider and take action on a resolution authorizing a professional services agreement with

Walter P Moore for design and construction phase services related to the FM518 at Country

Lane Intersection Improvements Project (RE1703A) in an amount not to exceed $91,777.20

(Executive Director of Capital Projects)

Approved on the Consent Agenda - Resolution No. 2024-66

6E.

6F.

24-0164

24-0184

Consider and take action on a resolution authorizing a construction contract with Mickie

Service Company for the TxDOT Median Improvement Project (RE2101) in an amount not to

exceed $85,400 (Executive Director of Capital Projects)

Approved on the Consent Agenda - Resolution No. 2024-67

Consider and take action on a resolution authorizing a Multiple Use Agreement with this

Texas Department of Transportation regarding the Dr. Ned and Faye Dudney Clear Creek

Nature Center Kayak Launch (PK1910B) at Highway 270 at Clear Creek (Executive Director of

Capital Projects)

Approved on the Consent Agenda - Resolution No. 2024-68

END OF CONSENT AGENDA

A motion was made by Mr. Hicks, seconded by Mr. Tressler, to suspend the rules and

move up agenda items 11B and 11C. The motion passed by the following vote:

For: 8 - Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

Hold a public hearing on a request to rezone approximately 1.7 acres from “CG” (General

Commercial) to “PS” (Public / Semi-Public) and a request for a Special Use Permit on the same

property, MAP-23-0007 (Stella B.E.S.S.), to operate a Battery Energy Storage Station (B.E.S.S.),

generally located along the east side of Caroline Street and south of Farm to Market Road 646

(Director of Planning)

11B.

24-0127

Mayor Long opened the public hearing at 6:10 p.m.

Speakers:

Chuck DiFalco

Marc D. Young

Don Church

Alan Grosse

Sharon Nuzzi

Gray Meyer

Mayor Long closed the public hearing at 6:40 p.m.

11C.

24-0128

Consider and take action on an ordinance rezoning approximately 1.7 acres from “CG” (General

Commercial) to “PS” (Public / Semi-Public) and approving a Special Use Permit on the same

property, MAP-23-0007 (Stella B.E.S.S.), to operate a Battery Energy Storage Station (B.E.S.S.),

generally located along the east side of Caroline Street and south of Farm to Market Road 646

(Director of Planning)

Planning and Zoning Commission’s recommendation to approve failed, 0-7-0 with one member

absent on February 19, 2024.

A motion was made by Mr. Tressler, seconded by Mr. Hicks, to postpone until we have our

League City guidelines for B.E.S.S. facilities, and to get to that there are 9 requirements that

must be met: worst-case scenario Plume Analysis, Safety Analysis, Probabilistic Risk

Assessment, Emergency Response/Equipment/Training Plan, Determine Bond/Insurance

Amount, Identify Area Flood Risk/Develop Mitigation Plan, Identify Fire

Concerns/Monitoring/Response, Prevent Tax Forgiveness, Develop Perimeter

Requirements. The motion passed by the following vote:

7 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Chadwell, Mr. Hicks, Mr. Tressler and Mr.

Saunders

For:

1 -

Mr. Crews

Opposed:

PUBLIC HEARING AND ACTION ITEMS FROM PUBLIC HEARING

Hold a public hearing on an ordinance re-adopting standards of care for the League City

Youth Recreation Programs to address staffing ratios, health standards and staff qualifications

(Director of Parks & Cultural Services)

7A.

24-0203

Mayor Long opened the public hearing at 6:53 p.m.

No members of the public requested to address the Council.

Mayor Long closed the public hearing at 6:54 p.m.

Consider and take action on an ordinance re-adopting standards of care for the League City

Youth Recreation Programs to address staffing ratios, health standards and staff qualifications

(Director of Parks & Cultural Services)

7B.

24-0204

A motion was made by Mr. Hicks, seconded by Mr. Tressler, to approve Ordinance No.

2024-16 re-adopting standards of care for the League City Youth Recreation Programs to

address staffing ratios, health standards and staff qualifications on First Reading. The

motion passed by the following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

7C.

24-0188

Hold a Public Hearing and take action on a resolution authorizing an amendment to the

General Land Office Contract 20-065-141-C780 for the purpose of decreasing the scope by

removing the proposed The Landing, Newport and Ellis Landing, and Brittany Bay

Subdivision Drainage Improvements from the North League City Drainage Improvement

Project (Executive Director of Capital Projects)

Mayor Long opened the public hearing at 6:55 p.m.

Speakers:

Chuck DiFalco

Mayor Long closed the public hearing at 7:03 p.m.

Action on the resolution included in the public hearing was taken later in the meeting.

Consider and take action on a resolution removing The Landing Subdivision Drainage

Improvements project DR2105 from the May 2019 GO Bond project list and the FY2024-2028

CIP (Executive Director of Capital Projects)

7D.

24-0186

A motion was made by Mr. Hicks, seconded by Mr. Tressler, to approve Resolution No.

2024-69 removing The Landing Subdivision Drainage Improvements project DR2105 from

the May 2019 GO Bond project list and the FY2024-2028 CIP. The motion passed by the

following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

Consider and take action on a resolution removing the Newport & Ellis Landing Subdivision

Drainage Improvements project DR 2104 from the May 2019 GO Bond project list and the

FY2024-2028 CIP (Executive Director of Capital Projects)

7E.

24-0185

A motion was made by Mr. Hicks, seconded by Mr. Cones, to approve Resolution No. 2024-70

removing the Newport & Ellis Landing Subdivision Drainage Improvements project DR 2104

from the May 2019 GO Bond project list and the FY2024 2028 CIP. The motion passed by the

following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

Consider and take action on a resolution removing the Brittany Bay Subdivision Drainage

Improvements project DR2009 from the May 2019 GO Bond project list and the FY2024-2028

CIP (Executive Director of Capital Projects)

7F.

24-0187

A motion was made by Mr. Hicks, seconded by Mr. Cones, to approve Resolution No. 2024-71

removing the Brittany Bay Subdivision Drainage Improvements project DR2009 from the

May 2019 GO Bond project list and the FY2024 2028 CIP. The motion passed by the

following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

A motion was made by Mr. Hicks, seconded by Mr. Cones, to suspend the rules and bring

back Item 7C for consideration of the accompanying resolution. The motion passed by the

following vote:

For: 8 - Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

7C.

24-0188

Hold a Public Hearing and take action on a resolution authorizing an amendment to the

General Land Office Contract 20-065-141-C780 for the purpose of decreasing the scope by

removing the proposed The Landing, Newport and Ellis Landing, and Brittany Bay

Subdivision Drainage Improvements from the North League City Drainage Improvement

Project (Executive Director of Capital Projects)

A motion was made by Mr. Hicks, seconded by Mr. Tressler, to approve Resolution No.

2024-73 authorizing an amendment to the General Land Office Contract 20 065 141 C780

for the purpose of decreasing the scope by removing the proposed The Landing, Newport and

Ellis Landing, and Brittany Bay Subdivision Drainage Improvements from the North League

City Drainage Improvement Project. The motion passed by the following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

OLD BUSINESS

Consider and take action on Ordinance 2024-08 creating Article V, entitled "Mitigation Rates -

for Emergency and Non-Emergency Services" of Chapter 46 of the Code of Ordinances of the

City of League City to authorize mitigation rates for Fire Department Services - Second

Reading (Fire Chief)

8A.

24-0176

Council passed on first reading 8-0-0 on February 27, 2024.

Pulled

NEW BUSINESS

Consider and take action on a resolution authorizing a schedule of fees related to emergency

9A.

24-0080

and non-emergency services provided by the Fire Department (Fire Chief)

Pulled

Consider and take action on a resolution authorizing a five (5) year agreement with EmergiFire,

LLC for Fire Billing Services (Fire Chief)

9B.

23-0119

Pulled

10.

FIRST READING OF ORDINANCES

Consider and take action on an ordinance approving a 2023-24 annual service and assessment

10A.

24-0201

plan update for the League City Public Improvement District No. 5 (Park on Clear Creek)

(Director of Finance)

Staff requests approval on first and final reading.

A motion was made by Mr. Tressler, seconded by Mr. Hicks, to approve Ordinance No.

2024-17 approving a 2023-24 annual service and assessment plan update for the League City

Public Improvement District No. 5 on First Reading. The motion passed by the following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

A motion was made by Mr. Tressler, seconded by Mr. Hicks, to approve Ordinance No.

2024-17 on First and Final Reading. The motion passed by the following vote:

7 -

Mayor Long, Mr. Mann, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr. Tressler and Mr.

Saunders

For:

1 -

Mr. Cones

Opposed:

11.

ITEMS ADDED AFTER ELECTRONIC AGENDA COMPLETED

Consider and take action on a resolution authorizing a Construction Manager at Risk

Agreement with CSA Construction, Inc. to provide pre-construction phase services for the

Southwest Water Reclamation Facility Expansion (WW2201) in an amount not to exceed

$683,440 (Executive Director of Capital Projects)

11A.

24-0134

A motion was made by Mr. Hicks, seconded by Mr. Tressler, to approve Resolution No.

2024-72 authorizing a Construction Manager at Risk Agreement with CSA Construction,

Inc. to provide pre construction phase services for the Southwest Water Reclamation Facility

Expansion (WW2201) in an amount not to exceed $683,440. The motion passed by the

following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

Hold a public hearing on a request to rezone approximately 1.7 acres from “CG” (General

Commercial) to “PS” (Public / Semi-Public) and a request for a Special Use Permit on the same

property, MAP-23-0007 (Stella B.E.S.S.), to operate a Battery Energy Storage Station (B.E.S.S.),

generally located along the east side of Caroline Street and south of Farm to Market Road 646

(Director of Planning)

11B.

24-0127

This item was dispensed with earlier in the meeting.

11C.

24-0128

Consider and take action on an ordinance rezoning approximately 1.7 acres from “CG” (General

Commercial) to “PS” (Public / Semi-Public) and approving a Special Use Permit on the same

property, MAP-23-0007 (Stella B.E.S.S.), to operate a Battery Energy Storage Station (B.E.S.S.),

generally located along the east side of Caroline Street and south of Farm to Market Road 646

(Director of Planning)

Planning and Zoning Commission’s recommendation to approve failed, 0-7-0 with one member

absent on February 19, 2024.

This item was dispensed with earlier in the meeting.

12.

13.

REPORTS FROM STAFF MEMBERS

Announcements concerning items of community interest. No action will be taken or

discussed.

COUNCIL MEMBERS COMMENTS/REPORTS

Announcements concerning items of community interest. No action will be taken or

discussed.

Mayor Pro Tem Justin Hicks – No Comments

Sean Saunders – No Comments

Andy Mann – Just real quick, I just wanted to compliment staff last week. Mag Creek had

a situation that required the attention of the City Manager and the Police Chief. They both

responded quickly and in a way that I did even not have to communicate to the citizens that

someone had responded. I’m always going back to that I have been up here for a long

time, and it is such a joy to have a chief like our current chief to work with. Thanks John

for picking him and thanks for serving.

Tommy Cones – No Comments

Tom Crews – No Comments

Courtney Chadwell – We all know that there’s great high school athletes in Texas, but

we’ve got some exceptionally talented athletes right here in League City. Last weekend,

they had the Region III 6A track and field meet in Humble. We had two CCISD students

who won their events. We’ve got two of the fastest miler guys, one’s a girl and one’s a guy,

in the entire state right here in our own back yard. They’re both juniors. Chris Creedon,

Clear Creek, ran a mile in 4:14, going to move on to state championship, the state meet,

Saturday, May 4 in Nick’s hometown of Austin, Texas. And then there is Katherine

Valentine from Clear Falls, she ran the mile in 4:55. Also had, not a League City resident

but a CCISD student, Kamryn McLaurin from Brook got third place in the girl’s high

jump, 5’8 jump. She’s also going to be moving on to state in Austin coming up a week from

now I guess? May 4, not this weekend but the following weekend. Congratulations to them.

Chad Tressler – I didn’t hear anybody up here volunteer how long it takes us to run a mile

either. We’re not going to go there.

Mayor Long – No Comments

14.

EXECUTIVE(CLOSED) SESSION(S)

At 7:12 p.m. Mayor Long announced the City Council will now go into executive session to

discuss the following items:

Texas Open Meetings Act, Section 551.074 Government Code - Personnel Matters

14A.

14B.

24-0195

Discuss employment, appointment, or evaluation of a public officer or employee, to-wit: City

Auditor (Mayor Long)

Texas Open Meetings Act, Section 551.072 Government Code - Deliberations about real

property

24-0199

Discuss potential purchase or sale of real property interests (Executive Director of Capital

Projects)

Texas Open Meetings Act, Section 551.071 Government Code - Consultation with Attorney

Consultation with the City Attorney regarding pending litigation, to-wit: Affinity Bayview 1,

14C.

24-0206

Ltd vs. City of League City; 23-CV-2349 (City Attorney)

At 7:37 p.m. Mayor Long reconvened the regular meeting and announced there was no

final action, decision or vote with regard to any matter considered in the executive session

just concluded.

15.

ACTION ITEM(S) FROM EXECUTIVE SESSION(S)

Consider and take action on discussion regarding the employment, appointment or evaluation

of a public officer or employee, to-wit: City Auditor (Mayor Long)

15A.

24-0196

24-0200

No Action

Consider and take action on discussion concerning potential purchase or sale of real property

interests (Executive Director of Capital Projects)

15B.

A motion was made by Mr. Tressler, seconded by Mr. Hicks, to authorize staff to proceed

with the sale of 522 square feet of right of way along FM 646 to support TxDOT's FM 646

widening project as discussed in executive session. The motion passed by the following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For:

15C.

24-0207

Consider and take action regarding pending litigation, to-wit: Affinity Bayview 1, Ltd vs. City

of League City; 23-CV-2349 (City Attorney)

A motion was made by Mr. Tressler, seconded by Mr. Hicks, to authorize the City Manager

to proceed as discussed in executive session. The motion passed by the following vote:

8 -

Mayor Long, Mr. Mann, Mr. Cones, Mr. Crews, Mr. Chadwell, Mr. Hicks, Mr.

Tressler and Mr. Saunders

For: