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2010 12 30 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 30, 2010 The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, December 30, 2010, at 4:00 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Lynn Caskey David McCartney Mercedes Renteria Terry Sain Scott Sheley Stephen H. DonCarlos Garrison C. Brumback Bob Leiper Kevin Troller Ignacio Ramirez Leticia Garza Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the December 30, 2010, City Council Special Meeting with a quorum present at 4:00 P.M. 1. PROPOSED ORDINANCES a. Texas Municipal Retirement System Eight Year Phase- in/Catch -up Provision for Calendar Year 2012 - Finance. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,529 authorizes the expenditure of $80,000 for the Texas Municipal Retirement System ( "TMRS ") Eight Year Phase- in/Catch -up Provision. In 2007, TMRS changed its methodology for calculating TMRS rates, which resulted in increased rates for all participating municipalities. The City of Baytown is phasing in the new TMRS rate over an eight -year period. Mr. Brumback stated that this is the amount that was budgeted and the reason for the wait was due to salary savings. Council Member Renteria inquired if there was a total amount budgeted for the (8) year period. Health Director, Mike Lester stated that in 2007 the TMRS rules changed and they had to recalculate the retirement fund. Mr. Lester stated that because of the rule change the City owed more money and the options of paying the difference or scheduling a payment plan over an (8) year period. Mr. Leiper stated that the City is buying down future rate increases and if a payment is not made the rate will increase. ORDINANCE NO. 11,529 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF EIGHTY THOUSAND AND NO /100 DOLLARS ($80,000.00) TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM ( "TMRS ") TOWARDS THE TMRS EIGHT YEAR PHASE -IN /CATCH -UP PROVISION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Terry Sain and seconded by Council Member Lynn Caskey Ayes: David McCartney, Lynn Caskey, Brandon Capetillo, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved b. Industrial District Agreement with Tapco International, Inc. - Administration. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,530 authorizes an Industrial District Agreement with Tapco International, Inc. for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2010. ORDINANCE NO. 11,530 AN ORDINANCE 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 TAPCO INTERNATIONAL, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo Ayes: Lynn Caskey, Brandon Capetillo, David McCartney, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved C. Letter Agreement with Ellering, LLC, for an Interim IDA Payment for Tax Year 2010 - Administration. owl City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,531 authorizes a Letter Agreement with Ellering, LLC, for an interim industrial district payment for the 2010 tax year. The Industrial District Agreement covering property currently owned by Joplin Process Management, LLC, expired earlier this year. Currently, Ellering is in the process of purchasing Joplin's property, and has agreed to make a non - refundable industrial district payment in the amount of $14,601.45, as if a new Industrial District Agreement had been signed. The 2010 tax year included in the letter agreement shall be the first year of the Industrial District Agreement, which Ellering, LLC, will execute on or before May 31, 2011, should the sale be consummated. The execution of this letter agreement obviates the need for the annexation of Joplin's property. ORDINANCE NO. 11,531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A LETTER AGREEMENT WITH ELLERING, LLC, FOR AN INTERIM INDUSTRIAL DISTRICT PAYMENT FOR THE 2010 TAX YEAR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Lynn Caskey and seconded by Council Member David McCartney Ayes: Lynn Caskey, Brandon Capetillo, David McCartney, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved d. Industrial District Agreement with Degussa Engineered Carbons, L.P. - Administration. This proposed ordinance authorizes an Industrial District Agreement with Degussa Engineered Carbons, L.P., for a seven -year period. The first payment pursuant to this agreement will be for the tax year 2010. Degussa did not sign the Industrial District Agreement so this item was not taken. e. Second Reading of Ordinance Regarding Annexation of Approximately 517 Acres of Property - Planning and Development Services. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,511 provides for the involuntary annexation of approximately 481.7188 acres located south of Interstate 10 between State Highway 146 on the east and Sjolander Road on the west, being out of the William Bloodgood League Survey, Abstract No. 4, Harris County, Texas. This is the second reading and the area of this annexation varies from the first reading in that the Joplin property has been excluded in the revised ordinance. Council Member Renteria inquired about the reason for Degussa not signing the agreement and if this annexation included the Degussa property. Mr. Brumback stated that the company is going out of business and that their valuation was significantly lower than what the agreement required. ORDINANCE NO. 11,511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 517 ACRES LOCATED SOUTH OF INTERSTATE 10 BETWEEN STATE HIGHWAY 146 ON THE EAST AND SJOLANDER ROAD ON THE WEST, BEING OUT OF THE WILLIAM BLOODGOOD LEAGUE SURVEY, ABSTRACT NO. 4, HARRIS AND CHAMBERS COUNTIES, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. A motion was made by Council Member David McCartney and seconded by Council Member Lynn Caskey Ayes: Lynn Caskey, Brandon Capetillo, David McCartney, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved f. Place 517 -Acre Annexation in Council District No. 5 - Planning and Development Services. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,532 placed the annexed property, being approximately 481.7188 acres located south of Interstate 10 between State Highway 146 on the east and Sjolander Road on the west, out of the William Bloodgood League Survey, Abstract No. 4, Harris County, Texas, into Council District No. 5. ORDINANCE NO. 11,532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 517 ACRES LOCATED SOUTH OF INTERSTATE 10 BETWEEN STATE HIGHWAY 146 ON THE EAST AND SJOLANDER ROAD ON THE WEST, OUT OF THE WILLIAM BLOODGOOD LEAGUE SURVEY, ABSTRACT NO. 4, HARRIS COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. A motion was made by Council Member Lynn Caskey and seconded by Council Member Brandon Capetillo Ayes: Lynn Caskey, Brandon Capetillo, David McCartney, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved g. Development Agreement between the City of Baytown, Reinvestment Zone Number One, and the Baytown Redevelopment Authority for Commercial Development of Garth Road Near Hunt Road, including the construction of a new 75,000 sq. ft. Academy Sports + Outdoors Store - Administration. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,533 authorizes a Development Agreement between the City of Baytown, Reinvestment Zone Number One, and the Baytown Redevelopment Authority for commercial development along with the Subdeveloper Agreement between the TIRZ Board, the City, and the private developer, to provide for the expansion of Hunt Road —900' to the west, signalization of the intersection, and widening of Hunt Road —600' to the east, including the construction of a new 75,000 sq. ft. Academy Sports + Outdoor Store. '^ The $1.3 million project cost will be split equally between the City and the developer, Gulf Coast Commercial Management and the agreement provides the terms and conditions for reimbursement of the City for 100% of its eligible public improvement costs. The City is a party to a separate agreement with the developer for this reimbursement. The public construction project will proceed parallel with the store development with completion and store opening planned for November 03, 2011. This agreement was considered by the TIRZ Board. ORDINANCE NO. 11,533 AN ORDINANCE OF TIME CI'T'Y COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, AND THE BAYTOWN REDEVELOPMENT AUTHORITY FOR A COMMERCIAL DEVELOPMENT ON GARTH ROAD NEAR HUNT ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo Ayes: David McCartney, Lynn Caskey, Brandon Capetillo, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved h. Subdeveloper Agreement with the Developer for TIRZ Development of public improvements associated with the construction of an Academy Sports + Outdoors Store on Garth Road - Administration. ORDINANCE NO. 11,534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A SUBDEVELOPER AGREEMENT WITH WANAMAKER BAYTOWN ONE, L.P., THE BAYTOWN REDEVELOPMENT AUTHORITY AND THE REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR REIMBURSEMENTS OF PUBLIC IMPROVEMENTS AT GARTH ROAD AND HUNT ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Terry Sain and seconded by Council Member Lynn Caskey Ayes: Lynn Caskey, Brandon Capetillo, David McCartney, Mercedes Renteria, Teary Sain, Scott Sheley, Stephen DonCarlos Approved i. Letter of Intent and Agreement in Principal for Hunt Road - Administration. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,535 authorizes a Letter of Intent and Agreement in Principal (the "Agreement ") with Main -Hunt, Ltd., and George Gilman, Trustee (collectively "Main- Hunt ") concerning the extension of Hunt Road. The Agreement sets forth the intentions of the parties with respect to the transfer of certain property to the City for the extension of Hunt Road from its current terminus approximately 2,100' east of Garth Road eastward to create an intersection with North Main Street. Specifically, Main -Hunt will convey the needed property to the City with the understanding that a rural road will be built thereon within three years and a four -lane boulevard may be built thereon at some undetermined time in the future. If the City does not construct the rural road within three years from the date of the conveyance, the property will be subject to reversion at the request of Main -Hunt. ORDINANCE NO. 11,535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A LETTER OF INTENT AND AGREEMENT IN PRINCIPAL WITH MAIN -HUNT, LTD., AND GEORGE GILMAN, TRUSTEE CONCERNING THE EXTENSION OF HUNT ROAD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Mercedes Renteria and seconded by Council Member Terry Sain Ayes: Lynn Caskey, Brandon Capetillo, David McCartney, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved j. Extension of Service Agreement with Jacinto Medical Group, P.A. - Human Resources. City Manager, Garry Brumback presented the agenda item and stated that Ordinance No. 11,536 authorizes an extension of the Service Agreement with Jacinto Medical Group, P.A., for the City of Baytown Wellness Clinic, in an amount not to exceed $30,000 for contract year January 01, 2011, through March 31, 2011 to include the location, medical services, and supplies. Under the Agreement to Extend Term, the City will reimburse Jacinto Medical Group for the expenses of the salary and benefits to hire a licensed physician's assistant or a nurse practitioner. This individual will provide free of charge wellness and medical services three days a week to City of Baytown employees, spouses covered on the City insurance plan, and retirees. The City of Baytown Employees Health & Wellness Clinic will provide education regarding healthy behaviors and see patients by appointment for acute care, prevention, and screening. ORDINANCE NO. 11,536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT TO EXTEND THE TERM OF THE PURCHASED SERVICES AGREEMENT WITH JACINTO MEDICAL GROUP, P.A., FOR AN EMPLOYEE HEALTH CLINIC INCLUDING THE MEDICAL SERVICES, SUPPLIES AND LOCATION; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Council Member Scott Sheley and seconded by Council Member Brandon Capetillo Ayes: Lynn Caskey, David McCartney, Brandon Capetillo, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved 2. EXECUTIVE SESSION a. Executive Session: Deliberate the Appointment of the Deputy City Manager as the Interim City Manager /City Manager - Administration. At 4:16 P.M., Mayor DonCarlos recessed into and conducted an Executive Session pursuant to Government Code, Section 551.074 to deliberate the appointment of the Deputy City Manager as the Interim City Manager /City Manager of the City of Baytown. At 5:01 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council of the City of Baytown and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. 3. APPOINTMENT a. Appointment of the Interim City Manager - Administration. Mayor DonCarlos presented the agenda item to consider the appointment of Bob Leiper as the Interim City Manager effective January 15, 2011. A motion was made by Council Member Mercedes Renteria and seconded by Council Member David McCartney Ayes: Lynn Caskey, Brandon Capetillo, David McCartney, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved 4. MANAGER'S REPORT r Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code. Mayor DonCarlos stated that a reception for Garry will be at 3:00 P.M. on January 13,2010. 5. ADJOURN A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria Ayes: Lynn Caskey, Brandon Capetillo, David McCartney, Mercedes Renteria, Terry Sain, Scott Sheley, Stephen DonCarlos Approved With there being no further business to discuss, Mayor DonCarlos adjourned the December 30, 2010, City Council Special Meeting of at 5:03 P.M. r