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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