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2014 08 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 14, 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 14, 2014, at 6:33 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Terry Sain Mercedes Renteria Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Mayor Pro Tem City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor Pro Tem Renteria convened the August 14, 2014, City Council Regular Meeting with a quorum present at 6:33 P.M., all members were present with the exception of Mayor DonCarlos. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on July 10, 2014. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving the July 10, 2014, City Council Regular Meeting minutes. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria Ili, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) City Council Regular Meeting Minutes August 14, 2014 Page 2 of 24 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Charles Watkins requested to appear before Council regarding issues with towing companies in the city. Mr. Watkins stated that he's in the process of working out an agreement with staff and would like to postpone his request to appear before Council. Ms. Kameron Price and Mr. Stewart Schmella registered to speak regarding agenda item 2.a., but did not speak. 3. ULDC TEXT AMENDMENTS a. Conduct a public hearing concerning a proposed amendment to the text of the Unified Land Development Code to remove single - family residential attached and two - family dwelling duplex as allowed uses in the Mixed Residential at Low to Medium Densities (SF2) zoning district. At 6:37 P.M., Mayor Pro Tem Renteria opened and conducted a public hearing concerning a proposed amendment to the text of the Unified Land Development Code to remove single- family residential attached and two - family dwelling duplex as allowed uses in the Mixed Residential at Low to Medium Densities (SF2) zoning district. City Manager Leiper stated that these uses were allowed in the comparable residential district of the previous code, and although rarely used, the same uses were included in the ULDC as adopted last year. He stated that there's been growing concerns that builders may choose to construct duplexes on lots in existing single family home subdivisions and neighborhoods which may not be compatible to the adjacent homes. He stated that such uses for duplexes would still be allowed in the LC, MFI, MF2, ACE, and UN zoning districts. He further stated that a developer could request a Planned Unit Development to include single- family attached and duplexes if they have 10 acres or more for a new development as a single development. He stated that this type of proposal would require public hearings, a recommendation from the Planning Commission, before being presented to City Council. He stated that the Planning and Zoning Commission voted to recommend approval of the proposed ULDC text amendment on July 15, 2014. With there being no one registered to speak, Mayor Pro Tern Renteria closed the public hearing at 6:39 P.M. City Council Regular Meeting Minutes August 14, 2014 Page 3 of 24 b. Consider an ordinance amending the text of the Unified Land Development Code to remove single - fancily residential attached and two - family dwelling duplex as allowed uses in the Mixed Residential at Low to Medium Densities (SF2) zoning district. City Manager Leiper stated that this item was staff generated and he requested staff to submit this to the Planning and Zoning Commission (P &Z) because there were subsequent development issues when the ULDC was adopted. He stated that with the City's desire to get infill development, there's concern that builders may choose to construct duplexes in the middle of single family homes. He stated that P &Z concurred with staffs recommendation to the text change and this item requires six affirmative votes for approval. Council Member Presley stated that to his knowledge there's no documented or verifiable evidence that shows that attached housing has a negative effect on property values. He stated that some examples in town of referenced discussion included the duplexes on Allenbrook Drive and Independence Boulevard which verified that there's no negative effect on property values. He further stated that duplexes are appropriate in SF2 and recommended revisiting some of the subdivisions and neighborhoods that are zoned SF2. Additionally, he stated that he is not in favor of effectively prohibiting detached housing throughout the entire city. Council Member McCartney recommended adding another classification that did not include duplexes. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving to amend the text of the ULDC to remove single- family residential attached and two - family dwelling duplex as allowed uses in the Mixed Residential at Low to Medium Densities (SF2) zoning district. The vote by a show of raising their right hands was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Terry Sain Nays: Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Chris Presley Other: Mayor Stephen DonCarlos (Absent) Rejected C. Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code to add nursing homes and assisted living facilities as allowed uses in the Livable Center zoning district; to remove automobile facility major, automotive repair minor, and repair business as allowed uses in the Livable Center zoning district; to clarify the approval process to be used for a detail plan within the Livable Center zoning district; and to refine the process to be used for the creation of a Planned Unit Development. City Council Regular Meeting Minutes August 14, 2014 Page 4 of 24 At 7:01 P.M., Mayor Pro Tom Renteria opened and conducted a public hearing concerning the proposed amendments to the text of the Unified Land Development Code to add nursing homes and assisted living facilities as allowed uses in the Livable Center zoning district; to remove automobile facility major, automotive repair minor, and repair business as allowed uses in the Livable Center zoning district; to clarify the approval process to be used for a detail plan within the Livable Center zoning district; and to refine the process to be used for the creation of a Planned Unit Development. City Manager Leiper stated that the ULDC currently does not allow for nursing homes and assisted living facilities within the LC zoning district. He stated that the old San Jacinto Hospital, which is in a LC zone, has recently been purchased and is under renovation. He stated that the new owner would like to develop senior housing options and due to the layout of the existing main structure, a nursing home and assisted living facility seems to be a very viable option. He stated that the allowance of automobile repair -type of commercial development is not appropriate in the areas currently zoned LC. City Manager Leiper stated that the proposed text amendment also clarifies and refines the approval process for a detail plan within the LC district and the creation of a PUD. He stated that a detail plan is required for development within the LC district and also required as part of a developer - requested PUD; however, the existing text intertwines the two processes and the intent of this text amendment is to better define both processes. He stated that the Planning and Zoning Commission recommended leaving the repair business as an allowed use within LC which would include establishments providing services to individuals for the repair of appliances, shoes, watches or jewelry, computers, musical instruments, and the like. He further stated that the Commission voted to recommend approval of the proposed ULDC text amendment as modified on July 15, 2014. With there being no one registered to speak, Mayor Pro Tern Renteria closed the public hearing at 7:02 P.M. d. Consider an ordinance amending the text of the Unified Land Development Code (ULDC) to add nursing homes and assisted living facilities as allowed uses in the Livable Center zoning district; to remove automobile facility major and automotive repair minor, as allowed uses in the Livable Center zoning district; to clarify the approval process to be used for a detail plan within the Livable Center zoning district and; to refine the process to be used for the creation of a Planned Unit Development (PUD). ORDINANCE NO. 12,593 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I "GENERAL," DIVISION 2 "REVIEW AND DECISION - MAKING BODIES," SECTION 1.8 "SUMMARY OF REVIEW AUTHORITY'; DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.22 "CONTENTS OF NOTICE," TABLE 1 -3 'SUMMARY OF NOTICE REQUIREMENTS "; AND SECTION 1.23 "REQUIRED PUBLIC HEARING "; ARTICLE 11 "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS," City Council Regular Meeting Minutes August 14, 2014 Page 5 of 24 SECTION 2.08 "PLANNED UNIT DEVELOPMENTS "; AND DIVISION 3 "LAND USE TABLES AND CONDITIONS, SECTION 2.09 "LAND USE TABLES;' TABLE 2 -2 "NON - RESIDENTIAL USES "; AND SECTION 2.10 "LAND USE CONDITIONS,- SUBSECTION A "NON- RESIDENTIAL CATEGORIES," SUBSECTION 47 "ALL USES ALLOWED IN LC" TO ADD NURSING HOMES AND ASSISTED LIVING FACILITIES AS ALLOWED USES IN THE LIVABLE CENTER ZONING DISTRICT; TO REMOVE AUTOMOBILE FACILITY MAJOR, AND AUTOMOTIVE REPAIR MINOR AS ALLOWED USES IN THE LIVABLE CENTER ZONING DISTRICT; TO CLARIFY THE APPROVAL PROCESS TO BE USED FOR A DETAIL PLAN WITHIN THE LIVABLE CENTER ZONING DISTRICT AND; TO REFINE THE PROCESS TO BE USED FOR THE CREATION OF A PLANNED UNIT DEVELOPMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving ordinance as recommended by the P &Z that leaves repair businesses as an allowable use within the LC. The vote by a show of raising their right hands was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved 4. SAN JACINTO RETIREMENT COMMUNITY DETAIL PLAN a. Conduct a public hearing concerning the proposed detail plan for San Jacinto Retirement Community, formally known as the San Jacinto Hospital, located at 1105 Decker Drive and legally described as Tracts 43, 43A and 43D, Tracts 1 - 5 Block 1, and Tracts I - 5 Block 2, of Pruett Estates Section 1, Abstract 840, of the H Whiting Survey, Harris County, Texas. At 7:04 P.M., Mayor Pro Tem Renteria opened and conducted a public hearing concerning the proposed detail plan for San Jacinto Retirement Community, formally known as the San Jacinto Hospital, located at 1105 Decker Drive and legally described as Tracts 43, 43A and 43D, Tracts 1 - 5 Block I, and Tracts I - 5 Block 2, of Pruett Estates Section I, Abstract 840, of the H Whiting Survey, Harris County, Texas. City Council Regular Meeting Minutes August 14, 2014 Page 6 of 24 City Manager Leiper stated the ULDC stipulates that no new construction building permit shall be issued within the Livable Center (LC) zoning district unless a detail plan meeting the requirements of section 2.08 of the ULDC is approved. He stated that new owners of 1105 Decker Drive have presented a plan to completely redevelop this 8.97 acres site to provide various levels of senior housing and care. He stated that the proposed development provides 199 units, including 44 independent living units, 92 assisted living units, and 63 memory care units and it will also include an adult day care, wellness center, and a restaurant on the sixth floor. He stated that within the detail plan being proposed, the developer is requesting alternative development standards to maximize the reuse of the existing property while adding additional green open space and connection to the adjacent park area. He further stated that the ULDC requires a recommendation of the Planning and Zoning Commission to the City Council similar to a zoning amendment and the Commission voted to recommend the approval of the detail plan on July 15, 2014. With there being no one registered to speak, Mayor Pro Tern Renteria closed the public hearing at 7:07 P.M. b. Consider an ordinance approving a detail plan for San Jacinto Retirement Community, formally known as the San Jacinto Hospital located at 1105 Decker Drive and legally described as Tracts 43, 43A and 43D, Tracts I - 5 Block 1, and Tracts I - 5 Block 2, of Pruett Estates Section 1, Abstract 840, of the H Whiting Survey, Harris County, Texas. A motion was made by Council Member Chris Presley and seconded by Council Member Terry Sain approving Ordinance No. 12,594. The vote by a show of raising their right hands was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A DETAIL PLAN FOR SAN JACINTO RETIREMENT COMMUNITY, LOCATED AT 1105 DECKER DRIVE AND LEGALLY DESCRIBED AS TRACTS 43, 43A AND 43D, TRACTS I - 5 BLOCK I, AND TRACTS I - 5 BLOCK 2, OF PRUETT ESTATES SECTION I, ABSTRACT 840, OF THE H WHITING SURVEY, HARRIS COUNTY, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS City Council Regular Meeting Minutes August 14, 2014 Page 7 of 24 CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. VOLUNTARY ANNEXATION OF APPROXIMATELY 0.2 ACRES OF LAND a. Conduct the first public hearing regarding the proposed voluntary annexation of approximately 0.2 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, northeast of the intersection of Hunt Road and North Main Street. At 7:09 P.M., Mayor Pro Tem Renteria opened and conducted the first public hearing regarding the proposed voluntary annexation of approximately 0.2 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, northeast of the intersection of Hunt Road and North Main Street. City Manager Leiper stated that the applicant is proposing to build a bread distribution center on property where a portion of that property is outside of the city limits. He stated that the applicant is also going through the zoning map amendment and platting process in accordance with all city requirements. He stated that on July 10, 2014, the City Council approved a resolution granting the petition and directing staff to create a service plan for the proposed area to be annexed. With there being no one registered to speak, Mayor Pro Tem Renteria closed the first public hearing at 7:10 P.M. It. Conduct the second public hearing regarding the proposed voluntary annexation of approximately 0.2 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, northeast of the intersection of Hunt Road and North Main Street. At 7:10 P.M., Mayor Pro Tem Renteria opened and conducted the second public hearing regarding the proposed voluntary annexation of approximately 0.2 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Hams County, Texas, northeast of the intersection of Hunt Road and North Main Street. With there being no one registered to speak, Mayor Pro Tem Renteria closed the second public hearing at 7:11 P.M. 6. SPECIAL DISTRICT BUDGETS a. Conduct a public hearing on the Baytown Crime Control and Prevention District Fiscal Year 2014 -2015 budget. At 7:12 P.M., Mayor Pro Tenn Renteria opened and conducted a public hearing on the Baytown Crime Control and Prevention District Fiscal Year 2014 -2015 budget. City Council Regular Meeting Minutes .August 14, 2014 Page 8 of 24 City Manager Leiper stated that the CCPD Board adopted the budget on July 08, 2014, and submitted it to City Council on July 10, 2014. He stated that as set forth in state law, the local governing body must hold a public hearing on the budget adopted by the Board. He stated that notice of the public hearing was published in The Baytown Sun on Thursday, July 31, 2014, and posted on the City's notice boards and website on Friday, July 25, 2014. He stated that the budget proposed $1,536,587 in revenues, $1,667,627 in expenditures divided between operating and capital, and an ending working capital of $140,973. Additionally, he stated that this budget item will be on the next Council agenda for consideration of adoption. With there being no one registered to speak, Mayor Pro Tern Renteria closed the public hearing at 7:12 P.M. b. Conduct a public hearing on the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year 2014 -2015 budget. At 7:14 P.M., Mayor Pro Turn Renteria opened and conducted a public hearing regarding the fiscal year 2014 -2015 budget adopted by the Board of Directors of the Baytown Fire Control, Prevention, and EMS District (FCPEMSD) and submitted to the City Council. City Manager Leiper stated that the FCPEMSD Board adopted the budget on July 15, 2014, and submitted it to City Council on July 24, 2014. He stated that as set forth in state law, the local governing body must hold a public hearing on the budget adopted by the Board. He stated that notice of the public hearing was published in The Baytown Sun on Thursday July 31, 2014, and posted on the City's notice boards and website on Friday, July 25, 2014. He stated that the budget proposed $1,513,614 in revenues, $1,955,193 in expenditures which is divided between operating and capital, and an ending working capital of $592,451. He stated that this budget item will be on the next Council agenda for consideration of adoption. With there being no one registered to speak, Mayor Pro Tem Renteria closed the public hearing at 7:14 P.M. a. Consider an ordinance authorizing a Chapter 380 Economic Development Agreement with Quad Hotels, LLC, and Baytown Equity Investments, LLC, to provide economic incentives for the development of a hotel - conference center project on Garth Road north of 1 -10. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,595 authorizes a Chapter 380 Economic Development Agreement with Quad Hotels, LLC, and Baytown Equity Investments, LLC, to provide financial incentives for up to five years for the development and operation of a 9,000 square foot conference center to be constructed at the SpringHill Suites and an 89 room TownPlace Suites extended stay hotel on Garth Road and 1 -10 adjacent. He stated that the economic incentives are: City Council Regular Meeting Minutes August 14, 2014 Page 9 of 24 1. City Sales Tax Rebate for FF &E and Construction purchases for the Extended Stay Hotel and Conference Center made in the City of Baytown (1 % general sales tax only) 2. Waiver of Building Permit and Plan Review Fees for the extended stay hotel and conference center (Estimated construction cost of over $7 Million) 3. Hotel Occupancy Tax Rebate: 100% of occupancy taxes collected from the extended stay hotel for 5 years and 100% of occupancy tax incremental increase over CY2014 collections from the SpringHill Suites for 5 years from the time of a Certificate of Occupancy City Manager Leiper stated that there were incentives in the agreement for the City of Baytown which includes: allowance of space for a Baytown Tourism Information Kiosk in the conference center; house the City's tourism personnel in an office adjacent to the kiosk at no cost; and utilize meeting space, food, and audio visual at a discounted rate for a certain number of city events. During further discussion, there was an inquiry of when the doors were expected to open. City Manager Leiper stated that the contract requires that the doors open in 2016. Yvette Spencer, the Director of Sales Spring Hill Suites Baytown, registered to speak regarding agenda item 7.a. She stated that this expansion will increase the visibility of Baytown to a variety of events and planners that will convey significant economic benefits to the community. Additionally, she stated that according to the agreement the opening will be by August 2016. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,595. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,595 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 A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH QUAD HOTELS, LLC, AND BAYTOWN EQUITY INVESTMENTS, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 14, 2014 Page 10 of 24 City Manager Lciper requested that the agenda be taken out of order to consider and agenda items 7.c. and 7.d. C. Consider an ordinance authorizing a cost -share agreement with Texas Capital Development Corporation to increase the size and capacity of the wastewater infrastructure along Tri- Cities Beach Road from SH 99 to Evergreen Road. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,596 authorizes a cost -share agreement with Texas Capital Development Corporation (the "Developer ") to increase the force main from a 8- inches to 12 inches and increase the new lift station wet well from 8 feet to 12 feet in diameter with appropriately sized headworks. Additionally, he stated that the lift station will be lowered approximately an additional six feet. City Manager Leiper stated that the Developer is responsible for the costs of the design of the project and will submit plans and specifications to the City within 180 days after the effective date of the agreement. He stated that once the plans are approved, the Developer must deposit with the City the amount estimated by the engineer for the construction of the 8" line, the 8' diameter wet well and appropriately sized headworks. He slated that once the deposit is received, the City will proceed to bid and construct the improvements and shall update the Developer of the status of the construction. He stated that the costs of the project are subject to a true -up prior to the City's letting the contract and that this agreement is similar to other cost -share agreements into which the City has entered in the past. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,596. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria 111, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,596 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COST -SHARE AGREEMENT WITH TEXAS CAPITAL DEVELOPMENT CORPORATION TO INCREASE THE SIZE AND CAPACITY OF THE WASTEWATER INFRASTRUCTURE ALONG TRI- CITIES BEACH ROAD FROM SH 99 TO EVERGREEN ROAD; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED NINETY City Council Regular Meeting Minutes August 14, 2014 Page 11 of 24 THOUSAND AND NO /100 DOLLARS ($90,000.00); MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding a construction contract for the John Martin Road Improvements South of I -10 Project. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,597 awards the construction of the John Martin Road Improvements South of 1 -10 Project to Angel Brother Enterprises, LTD in the amount of $982,154. He stated that the engineering estimate was $1,200,000 plus $162,000 for owner's contingencies. He stated that this project will widen John Martin Road approximately 1,000 feet to the south of I -10 to get traffic pass Bu -cees. He stated that this is phase 1 of a two phase project with the County and will go all the way to the new Hunt Road intersection. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 12,597. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tent Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHER ENTERPRISES, LTD, FOR THE JOHN MARTIN ROAD IMPROVEMENTS SOUTH OF IH 10 PROJECT IN AN AMOUNT NOT TO EXCEED NINE HUNDRED EIGHTY -TWO THOUSAND ONE HUNDRED FIFTY -FOUR AND NO /100 DOLLARS ($982,154.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Agenda item 7.6, was considered. 71b. Consider an ordinance authorizing a Chapter 380 Economic Development Agreement for an arts and entertainment complex in the Brunson Theater Building, located at 315 W. Texas Avenue, and in the Citizens Bank Property, located at 319 W. Texas Avenue. City Council Regular Meeting Minutes August 14, 2014 Page 12 of 24 City Manager Leiper stated that this proposed ordinance authorizes a Chapter 380 Economic Development Agreement for an arts and entertainment complex in the Brunson Theater Building, located at 315 W. Texas Avenue, and in the Citizens Bank Property, located at 319 W. Texas Avenue. He stated that a final agreement has not been reached on this item and there were some items that Council would have to make a decision on. He further stated that since language has to be done in order to incorporate the agreement, he proposed to get a verbal agreement and direction from Council to write the agreement and get it executed then place on the agenda for action at the August 28th meeting. City Manager Leiper stated that the contract components include: (1) the payment of a $10,000 cash bond, refundable in two increments of the first increment of $5,000 being paid if #3 is satisfied and the second increment of $5,000 being paid if #4 is satisfied;(2) submission of a building permit application for structural repairs within 30 days; (3) the completion of the structural repairs within 180 calendar days of the effective date of the agreement; (4) the completion of roof repairs to Brunson and the Citizens Bank Building within 365 calendar days of the effective date of the agreement; (5) the receipt of certificate(s) of occupancy /completion within two (2) years calendar days of the issuance of the first building permit for the project; (6) building deeded over on completion of #3 and #4; and (7) a four year reversion clause if #5 not met or operation ceases for more than six (6) months after issuance of CO. During further discussion, City Manager Leiper stated that Mr. Martin proposed the ability to raise capacity per Fire Code and to include and convey additional property (property directly behind Citizens bank and the old funeral home property at Pearce and Jones) in the transaction. City Manager Leiper stated that they agreed with adding the tract for fire access if the City could obtain it through means other than eminent domain. He staled that if obtaining the property was through eminent domain the City must retain ownership of the property per state law, but that the property would be available to Mr. Martin for his use. Mr. Martin stated that he agreed with City Manager Leiper's statement. City Manager Leiper stated that the old funeral home property is owned by the City and the intent for the property is to be public parking for downtown. He stated that it is not his recommendation to convey the property to anyone, but that there's no objection to the agreement including that the City would make that property available for public parking. Mr. Martin stated that he agreed with City Manager Leiper as long as that space is public parking for that area due to his concern of available parking surrounding the theater for their veterans who have been injured and visitors with special needs. During further discussion, City Manager Leiper stated that there's property owned by Verizon near the theater that the City would have to have some type of ground lease with to use for public parking, but couldn't commit to an agreement designating Verizon's property for public parking. Mr. Martin stated that he works with Verizon Corporate and would like to ask them to create the first downtown center facility designated for all handicap parking and donate that property to the City of Baytown for that specific reason if agreed. Council agreed with the designating of the Verizon property to the City for all handicap parking. During further discussion, City Manager Leiper stated that the term of the agreement is for four (4) years (one year for structural and roof, one year to obtain certificate of occupancy (CO), two City Council Regular Meeting Minutes August 14, 2014 Page 13 of 24 years of operation and has a commitment to develop by obtaining a CO within two years of obtaining first building permit. He stated that Mr. Martin proposes a one -year agreement after the roof repairs are done and then having the property conveyed to him without any further stipulations for development or time schedules. City Manager Leiper stated that staff has a concern with this request. Council Member Presley stated that the reason that the City enters in the economic development agreement is to receive the economic development benefit from that agreement and that the certificate of occupancy needs to be part of the deal and would support, if others could, if possibly decreasing the four year term to a three year term. Mr. Martin requested that to be allowed to get the CO in the first year and then one year afterwards to have everything conveyed to him. For clarification, City Manager Leiper stated that the agreement would be six (6) months for structural repairs, six (6) months for the roof then the property is conveyed to Mr. Martin, add the deadline of two (2) years for a CO for reversion, and require the business to operate for one (1) year after the CO. Mr. Martin stated that he agreed with City Manager Leiper's clarification statement. City Manager Leiper stated that the City proposed the developer to have insurance and be required to repair /reconstruct the property if it is damaged or destroyed by fire, tornado or other casualty. He stated that Mr. Martin proposes that during this period the City repair /reconstruct the property at its cost within one yen. Mr. Martin stated that during the first year he is leasing the property and is concerned that if something happens within that timeframe that he would be responsible for the building he hasn't even touched yet; therefore request that he only be required to insure the property to return it to the condition prior to the developer's improvements (current condition today). City Manager Leiper stated that language would be included to protect both parties involved. In regards to payment obligations, City Manager Leiper stated that Council suggested that there be a cash bond of $10,000 with 50% refunded upon completion of the structural repairs and the balance upon completion of the roof replacement on the Brunson and repairs on Citizen's Bank. He stated that Mr. Martin proposes a cash bond total of $5,000 ($2,500 each). It was agreed that Mr. Martin would provide a $5,000 cash bond. City Manager Leiper stated for clarification purposes that the obligation would be a $5,000 cash deposit refunded upon completion of structural repairs and the roof. Mr. Martin stated agreed with City Manager Leiper's clarification statement. In regards to maintenance and property lease, City Manager Leiper stated that Mr. Martin proposes that the City pay to restore the main breaker box and utilities from the main pole to the building. Mr. Martin stated that this proposal could be dropped. During further discussion, City Manager Leiper stated that there's a deed restriction on the Citizen's bank property that states "the city agrees that after the City acquires the property, the City will place restrictions on the property that prevent its use from being that of either a night club or a bar. However, nothing contained herein shall require the City to restrict the use of the property as a restaurant, which may serve alcoholic beverages ". He stated that Mr. Martin proposes to add, referring to the restriction, "this not include restaurant, bar, live events and /or City Council Regular Meeting Minutes August 14, 2014 Page 14 of 24 any bar setting ". For clarification purposes, City Manager Leiper stated that wording would include language that refers to the bar being associated with the restaurant. City Manager Leiper stated that Mr. Martin removed the section that stated improvements made to the building while still owned by the City are property of the City and Mr. Martin proposes that the City return any components of the Brunson Marquee, any Brunson or Citizens historic materials stored by the City and assist in locating the original globe from atop the Brunson. City Manager Leiper stated that until the repairs and the roof are completed the City owns the building and what's attached to it. Mr. Martin stated that after their morning discussion it was clear that the statement regarding the improvements made while the City stills owns the building remains. In reference to the City returning old or historic items, there was an inquiry of whether the City was positive of having all of the items that Mr. Martin was requesting. City Manager Leiper stated that they will include language that refers to the City returning all items that are in the City's possession. City Manager Leiper stated that Mr. Martin proposes that the City may not perform any inspections on the building without providing 24 hour advance notice. Mr. Martin stated that this request could be dropped. City Manager Leiper stated that the agreement will be on the agenda for action on the August 28th meeting. Raymond Blanchard, Robert Martin Jr., Wybra Holland, Diana Beuel, and Agnes Elliott all registered to speak regarding agenda item 7.b. The registered speakers were all in favor of the project for the old Brunson Theater. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo to postpone this item until the August 28th meeting. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved 8. MUNICIPAL BUDGET FY 2014 -15 a. Discuss and provide direction to City staff regarding the proposed City of Baytown 2014 -15 Fiscal Year Budget. City Manager Leiper presented the agenda item to discuss and provide direction to City staff regarding the proposed City of Baytown 2014 -15 Fiscal Year Budget. In reference to the work session follow up regarding the tire drop off, he stated that the cost would be $10,000. In reference to oil recycling, he stated that the oil recycling center would estimate a cost of about City Council Regular Meeting Minutes August 14, 2014 Page 15 of 24 $10,000. He further stated that he recommend not opening an oil recycling center due to the concerns of personnel costs, location, emergency evacuation, and maintenance. He stated that if the direction of Council was to move forward with the oil recycling, he would submit for a technical adjustment at the next meeting. Additionally, he stated that there was a technical adjustment in solid waste of $10,000 for tire recycling. b. Consider an ordinance setting the date, time and place for a public hearing regarding the City of Baytown FY 2014 -15 Proposed Budget. City Manager Leiper presented the agenda item and stated that the suggested date, time, and place for the public hearing regarding the City of Baytown FY 2014 -15 proposed budget is to be held on Thursday, August 28, 2014, at 6:45 P.M. in the City Council Chamber of Baytown City Hall. He stated that State Law requires action on the budget following the public hearing and an action item will be included on the agenda to consider adoption of the budget or the budget adoption could be deferred to the Special meeting on September 4th. He further stated that the September 4th meeting was moved from the September 1 Ith date to allow Council the opportunity to participate in the 911 Memorial event, but if the September 4th date is not needed to adopt the budget, the September 4th meeting could be canceled. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,598. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tom Mercedes Rented III, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2014 -2015 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. NEIGHBORHOOD ENTERPRISE ZONE Mayor Pro Tem Renteria stated that agenda items 9.a. and 9.b. would be considered together. a. Consider a resolution creating the Baytown Revitalization Incentive Zone, a neighborhood empowerment zone within a portion of the City of Baytown. City Council Regular Meeting Minutes August 14, 2014 Page 16 of 24 b. Consider an ordinance adopting the Incentive Policy for the Baytown Revitalization Incentive Zone to exercise certain municipal powers in such neighborhood empowerment zone. City Manager Leiper presented the agenda item and stated that the City desires to promote economic development, the rehabilitation of affordable housing, and increased property values in the area to be designated as the Baytown Revitalization Incentive Zone. He stated that one way in which the City may do so is by establishing a neighborhood empowerment zone, which was created by the Texas Legislature in 1999 and vests the City with economic development powers in the area designated as the empowerment zone. He stated that the powers include the ability for the local government to waive its local building fees and impact fees, and to abate municipal property taxes in the zone. City Manager Leiper stated that Resolution No. 2322 contains the requisite findings under state law in order to establish a neighborhood empowerment zone, including that the zone (i) will result in the rehabilitation of affordable single - family housing, (ii) will be beneficial and will promote the public purpose of increasing the public health, safety and welfare the citizens; and (iii) will satisfy certain criteria applicable to the establishment of a reinvestment zone. He stated that Resolution No. 2322 also includes a map of the Zone and a sunset provision whereby the Zone is required to be reviewed every two years and modified, renewed or eliminated. He stated that incentive policy included waiver of construction permit fees; waiver of impact fees; and a refund of a portion of municipal ad valorem taxes paid on eligible improvements. City Manager Leiper stated that during prior discussion regarding thresholds, the proposal is to have a percentage rather than a dollar amount. He stated that there were two incentives (basic and tax refund). He stated that the basic incentives (waiver of building permit fees, impact fees, and inspection fees) would be for existing structures (residential or commercial) with construction cost greater than 20% of HCAD value and new structures with construction costs over $65,000 for residential and $100,000 for commercial. He stated that the ad valorem tax refund incentives would be done on a tax refund basis because it would be based on the value. He stated that the ad valorem tax abatement policy is five years (100 %, 100 %, 80 %, 60 %, and 50 %). He stated that to qualify for this incentive, the basic incentives must be met and that the value must show up on HCAD within the first two (2) years after completion. He stated that the improvement threshold amounts are $20,000 for existing residential and $75,000 for existing commercial. He stated that the threshold amount would be at least $65,000 for new residential construction and $100,000 for commercial construction as an improvement value. A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving Resolution No. 2322. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved RESOLUTION NO. 2322 City Council Regular Meeting Minutes August 14, 2014 Page 17 of 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING THE BAYTOWN REVITALIZATION INCENTIVE ZONE, A NEIGHBORHOOD EMPOWERMENT ZONE WITHIN A PORTION OF CITY OF BAYTOWN; MAKING APPROPRIATE FINDINGS RELATED THERETO; EXERCISING MUNICIPAL POWERS TO ESTABLISH INCENTIVES WITHIN THE ZONE; ESTABLISHING THE EFFECTIVE AND EXPIRATION DATES OF THE ZONE AND A MECHANISM FOR RENEWAL OF THE ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,599 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE INCENTIVE POLICY FOR THE BAYTOWN REVITALIZATION INCENTIVE ZONE TO EXERCISE CERTAIN MUNICIPAL POWERS IN SUCH NEIGHBORHOOD EMPOWERMENT ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. REPORTS a. Receive the Certification of the 2014 Anticipated Collection Rate from the City of Baytown Tax Assessor /Collector. City Manager Leiper presented the agenda item and stated that the City of Baytown Tax Assessor /Collector has certified the anticipated tax collections for the 2014 tax year to be 100 %, in accordance with Section 26.04(b) of the Texas Property Tax Code. He stated that the certified collection rate is the Tax Assessor /Collector's estimate of the total debt collections (current and delinquent years) divided by the current fiscal year's required debt payments. Additionally, he stated that no action was needed. Mayor Pro Tern Renteria stated that Council received the certification. b. Receive report on the Comprehensive Plan Annual Report and Strategic Action Plan. City Manager Leiper presented the agenda item and stated that the Strategic Action Plan is based upon a review of the 2025 Comprehensive Plan adopted by City Council on May 22, 2007. He stated that on June 17, 2014, the Planning and Zoning Commission received and reviewed the City Council Regular Meeting Minutes August 14, 2014 Page 19 of 24 Comprehensive Plan Annual Report, made comments, and voted to forward the Comprehensive Plan Annual Report to Council. He stated that no action was necessary on this item. 11. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items I La. through 1 I.s. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria 111, Council Member Terry Sam, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Chambers County Logistics Terminal, L.P. ORDINANCE NO. 12,600 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CHAMBERS COUNTY LOGISTICS TERMINAL, L.P; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance accepting the donation of property from the Goose Creek Consolidated Independent School District for a lift station site for Victoria Walker and Antonio Banuelos Elementary Schools as well as the surrounding service area. ORDINANCE NO. 12,601 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE DONATION OF PROPERTY FROM THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR A LIFT STATION SITE FOR VICTORIA WALKER AND ANTONIO BANUELOS ELEMENTARY SCHOOLS AS WELL AS THE SURROUNDING SERVICE AREA; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 14, 2014 Page 19 of 24 C. Consider an ordinance authorizing the Assignment and Release Agreement with SureTec Insurance Company for the CDBG Non - Housing Building and Structural Improvements Project. ORDINANCE NO. 12,602 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ASSIGNMENT AND RELEASE AGREEMENT WITH SURETEC INSURANCE COMPANY FOR THE CDBG NON - HOUSING BUILDING AND STRUCTURAL IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SIXTY - FIVE THOUSAND SEVEN HUNDRED NINETY -FOUR AND 60/100 DOLLARS ($65,794.60); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract to Southwest Signal Supply, Inc. ORDINANCE NO. 12,603 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY -THREE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the extension of the Depository Services Contract with JP Morgan Chase Bank for a term not to exceed six months. ORDINANCE NO. 12,604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE EXTENSION OF THE DEPOSITORY SERVICES CONTRACT WITH JP MORGAN CHASE BANK FOR A TERM NOT TO EXCEED SIX MONTHS; AUTHORIZING THE CITY MANAGER TO TAKE APPROPRIATE ACTION TO IMPLEMENT THE EXTENSION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C Consider an ordinance authorizing the renewal of the Annual Cleanup and Mowing Contract for the Health Department with McLemore Building Maintenance, Inc. (MBM), and Niederhofer Enterprises, Inc. City Council Regular Meeting Minutes August 14, 2014 Page 20 of 24 ORDINANCE NO. 12,605 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND NIEDERHOFER ENTERPRISES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, M THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the renewal of the Annual Liquid Chlorine Contract to Brenntag Southwest, Inc., formally known as Altivia Corporation. ORDINANCE NO. 12,606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT WITH BRENNTAG SOUTHWEST, INC., SUCCESSOR IN INTEREST TO ALTIVIA CORPORATION, FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED SEVEN THOUSAND NINE HUNDRED FORTY -FOUR AND NO /100 DOLLARS ($107,944.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the closeout and acceptance of Fire Station No. 7 Project and authorizing the release of retainage to Horizon International Group, LLC. ORDINANCE NO. 12,607 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE FIRE STATION NO, 7 PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED THIRTY -TWO THOUSAND FIVE HUNDRED SEVENTY -FIVE AND NO 1100 DOLLARS ($132,575.00) TO HORIZON INTERNATIONAL GROUP, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the Texas Avenue Streetscape and Town Square Project. City Council Regular Meeting Minutes August 14, 2014 Page 21 of 24 ORDINANCE NO. 12,608 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE TEXAS AVENUE STREETSCAPE AND TOWN SQUARE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding an increase to the size and capacity of the wastewater infrastructure along Tri- Cities Beach Road from SH 99 to Evergreen Road. ORDINANCE NO. 12,609 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING AN INCREASE TO THE SIZE AND CAPACITY OF THE WASTEWATER INFRASTRUCTURE ALONG TRI- CITIES BEACH ROAD FROM SH 99 TO EVERGREEN ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the development and construction of a special needs playground at Bowie School Park. ORDINANCE NO. 12,610 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE DEVELOPMENT AND CONSTRUCTION OF A SPECIAL NEEDS PLAYGROUND AT BOWIE SCHOOL PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the construction of the Goose Creek Trail Phase VI. City Council Regular Meeting Minutes August 14, 2014 Page 22 of 24 ORDINANCE NO. 12,611 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE CONSTRUCTION OF THE GOOSE CREEK TRAIL PHASE VI; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. M. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding a two - person median beautification crew. ORDINANCE NO. 12,612 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING A TWO - PERSON MEDIAN BEAUTIFICATION CREW; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the General Land Office, Coastal Management Program Tabbs Bay Cleanup project and for cleanup on Goose Creek. ORDINANCE NO. 12,613 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE GENERAL LAND OFFICE, COASTAL MANAGEMENT PROGRAM TABBS BAY CLEANUP PROJECT AND FOR CLEANUP ON GOOSE CREEK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to Baytown Sports League facilities. ORDINANCE NO. 12,614 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR IMPROVEMENTS TO THE BAYTOWN SPORTS LEAGUE FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes August 14, 2014 Page 23 of 24 P. Consider an ordinance authorizing the First Amendment to the Agreement for Funding of the Design and Construction of a Second City Gateway Monument with the Baytown Municipal Development District. ORDINANCE NO. 12,615 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A SECOND CITY GATEWAY MONUMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for lighting and wiring improvements at the Wayne Gray Sports Complex Girls Fields (East Road side). ORDINANCE NO. 12,616 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR LIGHTING AND WIRING IMPROVEMENTS AT THE WAYNE GRAY SPORTS COMPLEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements at Roseland Spray Park. ORDINANCE NO. 12,617 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR IMPROVEMENTS AT ROSELAND SPRAY PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District to fund a Community Service Program Supervisor and related equipment. City Council Regular Meeting Minutes August 14, 2014 Page 24 of 24 ORDINANCE NO. 12,618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR A COMMUNITY SERVICE PROGRAM SUPERVISOR AND RELATED EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 12. MANAGER'S REPORT There was no report. 13. ADJOURN A motion was made by Council Member Terry Sam and seconded by Council Member David McCartney adjourning the August 14, 2014, City Council Regular Meeting. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved With there being no further business to discuss, Mayor Pro Tern Renteria adjourned the August 14, 2014, City Council Regular Meeting at 8:24 P.M. City of Baytown \`Aa'.� +. �