1998 05 07 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 7, 1998
The City Council of the City of Baytown, Texas, met in special session on
May 7, 1998, at 7:30 a.m., in the Don M. Hullum Conference Room at City Hall
with the following in attendance:
Victor Almendarez
Council Member
David Byford
Council Member
E. Frank Hinds, Jr.
Council Member
Stephen DonCarlos
Council Member
Coleman Godwin
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Bobby Rountree City Manager
Ignacio Ramirez City Attorney
Eileen P. Hall City Clerk
Absent: Manuel Escontrias Council Member
The meeting was opened with a quorum present after which the following
business was conducted:
Consider Proposed Resolution No. 980507 -1 Canvassing the Returns of the
Municipal Election held on May 2, 1998
Council canvassed the election returns of the municipal election held on
May 2, 1998, which reflected the following results:
Joan Dubiel 25 votes
Coleman Godwin 248 votes
Guy W. Davis 40 votes
Council Member Sheley moved for adoption of the resolution; Council
Member DonCarlos seconded the motion. The vote follows:
980507 -2
Minutes of Special Session — May 7, 1998
Ayes: Council Members Almendarez, Byford,
Hinds, DonCarlos, and Sheley
Mayor Alfaro
Nays: None
RESOLUTION NO. 1353
A RESOLUTION CANVASSING THE RETURNS OF THE
REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF
BAYTOWN ON THE 2ND DAY OF MAY, 1998, FOR THE
PURPOSE OF ELECTING ONE COUNCIL MEMBER FROM
DISTRICT SIX; DECLARING THE RESULTS OF THE ELECTION;
FINDING THAT NOTICE OF THE ELECTION WAS PROPERLY
HELD AND THE RETURNS THEREOF MADE BY THE PROPER
OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE
OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Administer Oaths of Office to Newly Elected Council Members
Ignacio Ramirez, City Attorney, administered Oaths of Office to newly
elected council members.
Recognition of Council Member DonCarlos
Mayor Alfaro presented Council Member DonCarlos with a plaque in
recognition of his service to the City of Baytown.
Consent Agenda
The City Manager noted that the amount in the resolution authorizing
publication of Notice of Intention to Issue Certificates of Obligation is
$15,250,000. With that correction, Council considered the consent agenda items
"a" through "d" as follows:
a. Proposed Resolution No. 980507 -2 authorizes publication of Notice
of Intention to issue Certificates of Obligation. By Charter and state
statute, notice must be given of the proposed issuance of
Certificates of Obligation. Certificates in the amount of
$14,975,000 will fund the conference center, sewer projects,
municipal court/jail facilities, and the communications system as
a
980507 -3
Minutes of Special Session — May 7, 1998
discussed in the council work session on April 9, 1998. The Notice
of Intent includes information regarding subordinate lien as
required by statute. This does not indicate the funding source for
the payment of the bonds. The funding source is the same as
discussed in the work session.
We recommend approval.
c. Proposed Ordinance No. 980507 -1 sets a public hearing on the
proposed adoption of an ordinance regulating sexually oriented
commercial enterprises in the City of Baytown for Thursday, May
28, 1998, at 6:35 p.m. This will be the second public hearing on
the proposed ordinance because state statute requires at least
fifteen days notice prior to the public hearing by Council, as well as
a public hearing by the Baytown Zoning Commission. Prior to
Council's consideration of the regulations, the City Council will
receive a final report from the Zoning Commission, detailing the
results of its hearing, as well as its recommendations.
We recommend approval.
d. Proposed Ordinance No. 980507 -2 authorizes Change Order No. 2
for construction of the Goose Creek Stream Greenbelt Phase II (W.
C. Britton Park) to D & W Contractors, Inc. The original contract
amount was $312,313.90. Change Order No. 1 in the amount of
$4,382 included drainage pipe and inlets in the playground area.
Change Order No. 2 in the amount of $12,778.82 includes a
concrete trail and additional fill material. The additional fill was
needed for drainage and shaping of the park's soccer /football field.
The additional trail connects (1) the Buddy McBride Boat Ramps to
the main trail at Bayland Park, and (2) across the bridge to the
Bayland Park Marina sidewalk. The contract amount with
approved change orders will be $329,474.72 for a 5.49 percent
growth increase.
We recommend approval.
e. Proposed Ordinance No. 980507 -3 amends the ground lease
between Senterra Real Estate Group, L.L.C., and the City of
Baytown to grant an extension of the lease for ninety (90) days.
Senterra has paid the initial franchise fee to Hilton Hotels
Corporation for the franchise to operate Hilton Garden Inn at
Bayland Park. Preliminary approval of the franchise is
approximately three weeks away. InterBank Mortgage of Atlanta
980507 -4
Minutes of Special Session — May 7,1998
represents a lender who has shown interest in financing the
project. A preliminary financing term sheet has already been
received. Senterra feels the ninety (90) day extension will afford
ample time to commence construction of the Hilton Garden Inn.
Included in the packet is a letter requesting the extension of time
from Mr. Neil Tofsky, President and CEO of Senterra Development.
We recommend approval.
Council Member Sheley moved for approval of the consent agenda
items "a" through "d." Council Member Byford seconded the motion. The vote
follows:
Ayes: Council Members Almendarez, Byford,
Hinds, Coleman Godwin, and Sheley
Mayor Alfaro
Nays: None
RESOLUTION NO. 1354
A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION.
ORDINANCE NO. 8265
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR
THE PUBLIC HEARING ON THE PROPOSED ADOPTION OF AN
ORDINANCE REGULATING SEXUALLY ORIENTED
COMMERCIAL ENTERPRISES IN THE CITY OF BAYTOWN,
TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO
PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8266
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH
D & W CONTRACTORS, INC., FOR THE GOOSE CREEK
STREAM GREENBELT PHASE II (W. C. BRITTON PARK);
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF TWELVE THOUSAND SEVEN HUNDRED SEVENTY -
EIGHT AND 821100 DOLLARS ($12,778.82); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
980507 -5
Minutes of Special Session — May 7, 1998
ORDINANCE NO. 8267
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AN EXTENSION OF THE
HOTEL CONSTRUCTION START DATE AS PROVIDED IN THE
GROUND LEASE BETWEEN SENTERRA REAL ESTATE
GROUP, L.L.C., AND THE CITY OF BAYTOWN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Manager's Report
Fire Truck Replacement
Two of the reserve fire trucks are in very poor condition and frequently
unavailable for service.
Reserve Two, a 1979 Ward LaFrance with approximately 120,000 miles
has experienced an engine failure and is currently out of service. Reserve Four
is a 1977 Ward LaFrance with approximately 110,000 miles. This truck is
unreliable and recently would not pump water at a structure fire. It is essential to
replace one of these trucks. A demonstrator has been located at a cost of
approximately $250,000 with delivery by mid -June. Due to the public safety
nature of this purchase, the staff will solicit quotes rather than take formal bids.
An item will be placed on the next regular agenda.
Adjourn
As there was no further business to be transacted, the meeting was
adjourned.
Eileen P. Hall, City Clerk