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.
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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.
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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,"
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August 14, 2014
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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
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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.
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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
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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.
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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
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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'.� +. �