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2008 10 02 MDD MinutesW MINUTES OF THE MEETING OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT October 2, 2008 Brandon Capetillo Lynn A. Caskey, lI Lisa Guy Lena Yepez Terry Sain Ruben Linares Stephen H. DonCarlos Garrison C. Brumback Ignacio Ramirez, Sr. Lynette Rodriguez Director Director Director Director Director Director President General Manager General Counsel Assistant City Clerk Directors Reggie Brewer, Kitty Allen, David McCartney, and Scott Sheley were absent. 4:35 P.M. President DonCarlos called the meeting to order with a quorum present. 1. MINUTES a. Consider approval of the minutes of the September 4, 2008 regular meeting of the Baytown Municipal Development District. Motion was made by Director Sain, seconded by Director Guy approving the minutes with corrections of the September 4, 2008 regular meeting of the Baytown Municipal Development District. Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President DonCarlos. Nays: None. The motion carried. 2. PROPOSED RESOLUTIONS a. Resolution 118: Interlocal Agreement for the Transfer of Property Considered Resolution 118 authorizing an Interlocal agreement with the City of Baytown for the transfer of property on Texas Avenue. Page 2 of 5 Minutes of the October 2, 2008 MDD Meeting Resolution 118 authorizes an Interlocal agreement with the City of Baytown for the transfer of property on Texas Avenue. Pursuant to the agreement, the MDD will convey the property conveyed to it by Goose Creek Infill Housing 1; LTD, and the City will use or lease the property as a theater, entertainment venue or other authorized development project. Motion was made by Director Caskey, seconded by Director Yepez approving Resolution 118. Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President DonCarlos. Nays: None. The motion carried. RESOLUTION NO. 118 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 THE TRANSFER OF PROPERTY LOCATED ON TEXAS AVENUE TO THE CITY FOR ONE OR MORE DEVELOPMENT PROJECTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Resolution 119: Interlocal Agreement with the City of Baytown for improvements at the Wayne Gray Sports Complex. Approved Resolution 119 and Interlocal agreement with the City of Baytown for an expenditure up to $125,000 for improvements at the Wayne Gray Sports Complex. Several small projects including parking lot lighting on the East Road side of the Wayne Gray Sports Complex and trails are included in this project. The Parks and Recreation Department plans to relocate the Field G poles and lights to light the east side large parking areas. Conduit was placed prior to the renovation of the parking lots in anticipation of this project. Three poles with lights will be placed evenly in the area between the parking lots and East Road. One pole will be placed by the north parking lot on the East Road side. The lighting will face the park and will not impact the neighbors. Replacement of approximately 500 feet of asphalt trail with 8 foot wide concrete trail will also be included in the project. Motion was made by Director Capetillo, seconded by Director Guy approving Resolution 119 with corrections. Page 3 of 5 Minutes of the October 2, 2008 MDD Meeting Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President DonCarlos. Nays: None. The motion carried. RESOLUTION NO. 119 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 OF IMPROVEMENTS AT THE WAYNE GRAY SPORTS COMPLEX; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED ONE HUNDRED TWENTY -FIVE THOUSAND NO /100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Resolution 120: Interlocal Agreement with the Lee College District for the Performing Arts Center/Impact Fees Considered Resolution 120 authorizing an Interlocal agreement with the Lee College District for the funding of impact fees for the Performing Arts Center. Resolution 120 authorized an Interlocal agreement with the Lee College District for the funding of impact fees for the performing arts center. Under the Agreement the MDD agrees to pay the impact fees required by the City for the new performing arts center. The amount to be paid shall not exceed $35,895.36 and shall be paid directly to the City of Baytown. In exchange therefore, College agrees to construct a performing arts center at 711 W. Texas Avenue, Baytown, Harris County, Texas. The performing arts center shall be for use of the College and the community as a center of cultural and artistic activities and a forum for the exchange of ideas within the boundaries of the MDD and the surrounding communities. Additionally, as partial consideration for the payment of the impact fees, the College agrees to allow the MDD and the City of Baytown to use its parking facilities, including, but not limited to, those located near or to adjacent Bicentennial Park and/or the Sterling Municipal Library for events sponsored by the District and/or the City.' Motion was made by Director Guy, seconded by Director Capetillo approving Resolution 120. Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President DonCarlos. Page 4 of 5 Minutes of the October 2, 2008 MDD Meeting Nays: None. The motion carried. RESOLUTION NO. 120 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AN 1NTERLOCAL AGREEMENT WITH THE LEE COLLEGE DISTRICT FOR FUNDING OF IMPACT FEES FOR THE LEE COLLEGE DISTRICT'S MCNAIR CAREER CENTER; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED THIRTY -FIVE THOUSAND EIGHT HUNDRED NINETY - FIVE AND 36/100 DOLLARS ($35,895.36); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Resolution 121: Earnest Money Contract Considered Resolution 121 authorized an earnest money contract with Goose Creek Infill Housing 1, LTD, for the transfer of property located on Texas Avenue. Resolution 121 authorizes an earnest money contract with Goose Creek Infill Housing 1, LTD ( "Goose Creek "), for the transfer of property located on Texas Avenue. In February 2007, the MDD amended its revolving loan program to include affordable housing projects. Goose Creek was the first loan recipient under such program for a proposed affordable housing project on Texas Avenue. Due to various circumstances, the project will not advance and Goose Creek desires to convey the property to the MDD in full cancellation and satisfaction of the MDD loan. The earnest money contract is continent upon a satisfactory environmental site assessment and the Board's approval. Motion was made by Director Sain, seconded by Director Guy approving Resolution 121. Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President DonCarlos. Nays: None. The motion carried. RESOLUTION NO. 121 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT Page 5 of 5 Minutes of the October 2, 2008 MOD Meeting AUTHORIZING THE GENERAL MANAGER TO NEOGIATE AN EARNEST MONEY CONTRACT WITH GOOSE CREEK INFILL DEVELOPMENT 1. LTD, FOR PROPERTY LOCATED ON TEXAS AVENUE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. MANAGER'S REPORT a. Monthly Sales Tax Report. 4. ADJOURN Motion was made by Director Sain, seconded by Director Capetillo adjourning the meeting. Ayes: Directors: Capetillo, Caskey, Guy, Yepez, Sain, Linares and President DonCarlos. Nays: None. The motion carried. 4:59 P.M. President DonCarlos adjourned the October 2, 2008 MOD meeting. O� gpYTDryN ♦a �� Cje2 ngu "s,,,tmtC