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2010 01 07 MDD MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT January 07, 2010 The Board of Directors of the Baytown Municipal Development District (MDD) met in a Regular Meeting on Thursday, January 07, 2010, at 4:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Reggie Brewer Director Brandon Capetillo Director Lynn A. Caskey, II Director David McCartney Director Terry Sain Director Scott Sheley Director Lena Yepez Director Kirven Tillis Director Stephen DonCarlos President Garrison C. Brumback General Manager Bob Leiper Deputy General Manager Ignacio Ramirez, Sr. General Counsel Kevin Troller Assistant General Manager Leticia Garza Secretary Directors Mary Hernandez and Ruben Linares were absent from the January 07, 2010 Baytown Municipal Development District Regular Meeting. President DonCarlos convened the January 07, 2010, Regular Meeting with a quorum present at 4:30 P.M. 1. MINUTES a. Approve the Minutes of the Baytown Municipal Development District (MDD) Regular Meeting held on December 03, 2009. Motion was made by Director Sain, seconded by Director Caskey approving the minutes from the December 03, 2009, Municipal Development District Regular Meeting. The vote was as follows: Page 2 of 4 Minutes of the January 07, 2010 MDD Board Meeting Ayes: Directors: Brewer, Capetillo, Caskey, McCartney, Sain, Sheley, Yepez, Tillis, and President DonCarlos Nays: None The motion passed. 2. PROPOSED RESOLUTIONS a. Interlocal Agreement with City of Baytown for Funding of a Development Agreement - Administration. General Manager, Garry Brumback presented the agenda item and stated that Resolution No. 141 authorizes an Interlocal Agreement with the City of Baytown to provide up to $40,000 for a development project that will promote a new restaurant business in the district on Garth Road. The City is working with a developer to attract a 7,500 sq. ft. national restaurant to a tract on Garth Road that has remained undeveloped due to the unique and costly challenges posed by the site. This site located adjacent to the Pier One shopping Center is restricted by a number of pipeline easements. While parking can be placed on these easements, special requirements for working in these easements raises the site development costs by $50,000. To help mitigate these costs and provide an incentive to building this well -known restaurant in Baytown, it is proposed that the City enter into an Economic Development Contract known as a Chapter 380 Agreement with the developer. This agreement will reimburse up to $40,000 for water and wastewater impact fees and building permit and inspection fees for this construction. The Chapter 380 Agreement will also establish time lines for construction and occupancy and set benchmarks regarding the minimum taxable value of the developed property and the minimum number of jobs created as requirements to receive the funding. This development has a projected value of $1 million upon completion and this company's stores usually employ over 100 people with an average of $4.9 million in sales annually. This agreement will be funded from the Economic Development portion of the adopted budget which is set aside for "Development of New and Existing Businesses and Industry." Page 3 of 4 Minutes of the January 07, 2010 MDD Board Meeting Motion was made by Director Sain, seconded by Director Sheley approving Resolution No. 141. The vote was as follows: The motion passed. Ayes: Directors: Brewer, Capetillo, Caskey, McCartney, Sain, Sheley, Yepez, Tillis, and President DonCarlos Nays: None RESOLUTION NO.] 41 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN FOR FUNDING FOR A RESTAURANT DEVELOPMENT PROJECT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND NO /100 DOLLARS ($40,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Interlocal Agreement with the City of Baytown for Funding of the Redevelopment of 700 W. Texas Avenue - Administration. General Manager, Garry Brumback presented the agenda item and requested that this item be tabled. Motion was made by Director Sheley, seconded by Director Sain approving to table this agenda item. The vote was as follows: Ayes: Directors: Brewer, Capetillo, Caskey, McCartney, Sain, Sheley, Yepez, Tillis, and President DonCarlos Nays: None The motion passed. 3. REPORTS a. Receive Monthly Sales Tax Report - Finance. Assistant Finance Director, Andrea Deaton presented the Municipal Development District monthly sales tax report and stated that sales tax went down about 22.89 %. Mr. Brumback stated that the drop in sales tax was expected, and next month's report will help staff determine is any adjustments are required for this budget. Page 4 of 4 Minutes of the January 07, 2010 MDD Board Meeting 4. ADJOURN Motion was made by Director Brewer, seconded by Director Caskey adjourning the MDD January 07, 2010, Regular Meeting. The vote was as follows: Ayes: Directors: Brewer, Capetillo, Caskey, McCartney, Sam, Sheley, Yepez, Tillis, and President DonCarlos Nays: None The motion passed. President DonCarlos adjourned the MDD Regular Meeting on January 07, 2010, at 4:37 P.M.