1983 09 08 CC Minutes30908 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 81 1983
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, September 8, 1983, at 6:30 p.m.
in the Council Chambers of the Baytown City Hall with the
following attendance:
Fred T. Philips
Jimmy Johnson
Perry Simmons
Roy L. Fuller
Gerald Dickens
Mary E. Wilbanks
Allen Cannon
Fritz Lanham
Larry Patterson
Randy Strong
Lynda Kilgore
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor Pro Tempore
Mayor - Absent
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
The meeting was called to order with a quorum present.
After the invocation was offered, the following business
was transacted:
Consider Minutes for the Regular Meeting Held August 25, 3.983
Councilman Fuller moved to adopt the minutes for the
Council meeting held on August 25, 1983; Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Dickens
Mayor Pro Tempore Wilbanks
Nays: None
Receive Petitions
There were no petitions to be presented.
City Manager's Report
Mr. Lanham stated that he would report on the status
of some of the capital improvement projects and then ask
Norman Dykes, City Engineer, to give a report on debris
removal.
Rollingbrook Drive Project - Mr. Lanham stated that the
contractor on this project has about seventy -five percent
of the road and ditch right of way cleared. This job is
being slowed due to the rain. He stated that excava-
tion will begin, and drainage pipe will be installed as the
weather permits.
30908 -2
Minutes of the Regular Meeting - September 8, 1983
1983 Street Improvement Program - Mr. Lanham stated that
the 1983 Street Improvement Program that is being financed from
budget funds and revenue sharing funds. The contractor has
started and is in the process of replacing curb and gutter on
Dayton Street.
Quail Hollow Lift Station - Mr. Lanham stated that the
Quail Hollow Lift Station Modifications project is ninety nine
percent complete. The contractor has started work on the
sanitary sewer line along Rollingbrook Drive, between Main
and Garth.
Water Lines on Barkaloo, Cedar Bayou - Crosby Road, and
Hardin Road - The contractor will begin work on September
15, on this project.
Harris County Flood Control District - The Harris County
Flood Control District accepted the bid of Baytex Construction
to do the work on the Baker - Bayway Drainage Ditch project.
The total bid on this project was $522,583. Mr. Lanham stated
that there were certain items in the bid that were to be paid
for by the City, and the others by the Flood Control District.
He stated that the city's portion of this would be $295,535,
or about $12,000 below the estimate.
At this point, Mr. Lanham asked that Mr. Dykes address
the Council and refer to the map which was posted behind the
Council Chambers to give a detailed report of the status of
the debris cleanup operations.
Mr. Dykes stated that at the present time there are
about twenty crews picking up brush. The crews are working
from 7:00 a.m. until 8:00 p.m. Mr. Dykes showed the Council
on the maps which of the streets had been completed. He
stated that there are crews working in all of the sections
that have not yet been completed. The largest area that is
not completed is the Central area. Mr. Dykes stated that by
the middle of the week the entire town should have been
covered at least one time.
Councilman Johnson stated that he would like to personally
thank Norman Dykes and his people for the job that they have
done.
Mr. Lanham stated that an estimate of the cost based on
what has been paid out so far and what is left to pay is about
$780,000. This figure is for right of way debris clearance
only. This does not include park land clearance. He stated
that this does include the time and equipment time on the crews.
Councilman Johnson stated that he wanted the audience
to know that some of this $780,000 will be returned to the
City.
Mr. Lanham stated that the City will try to get seventy -
five (75 %) percent of this back. He added that all of the
work has been documented and the City has been in constant
touch with the federal agencies. All of this work can be
substantiated and there should be no problem in getting some
of the money back.
Mr. Lanham stated that the estimated cost of clearing
the debris and fallen trees from the parks is about $117,000.
ka
30908 -3
Minutes of the Regular Meeting - September 8, 1983
At this point Councilman Philips presented a resolution
to the Council expressing the City's appreciation to the
City of Corpus Christi for their assistance in the cleanup
following Hurricane Alicia. Special thanks was given to
Andrus Gutierrez, a brush picker operator. Councilman
Philips moved that this resolution be adopted. Councilman
Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Dickens
Mayor Pro Tempore Wilbanks
Nays: None
RESOLUTION NO. 846
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, EXPRESSING THE CITY'S APPRECIATION TO THE CITY OF
CORPUS CHRISTI FOR THEIR ASSISTANCE IN THE CLEANUP FOLLOWING
HURRICANE ALICIA.
Mr. Lanham stated that he had one more item to add to
the City Manager's Report. He reminded Council of the gift
of playground equipment that Furrow's Lumber Company had
donated to the City. He stated that the equipment had been
installed at the Sports Complex and that there would be a
dedication Saturday afternoon between 4:30 and 5:00 p.m.
The Council is invited.
Mayor Pro Tempore Wilbanks stated that she would like
to take this opportunity to express appreciation to Mr.
Lanham for the way he handled this emergency situation. She
stated that the City of Baytown was very fortunate to have a
City Manager who can deal with an emergency situation, make
the necessary decisions, and keep the Council informed.
Consider Proposed Ordinance, First Reading on Annexation
of Willow Creek Shopping Center, Phase II
Mr. Lanham stated that two hearings had been held on
this annexation, one in the Council Chambers and the other
at the site. No one appeared in opposition to this annexa-
tion at either hearing. This annexation involves 2.16 acres
just north of the Willowcreek Shopping Center. He stated
that this ordinance will have to be adopted on two readings,
this being the first.
Councilman Johnson made the motion to approve this
ordinance. Councilman Philips seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Dickens
Mayor Pro Tempore Wilbanks
Nays: None
ORDINANCE NO. 3673
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
WILLOW CREEK SHOPPING CENTER, PHASE II, WHICH SAID TERRITORY
LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
30908 -4
Minutes of the Regular Meeting - September 8, 1983
Consider Proposed Ordinance Awarding the Annual Contract
For Storage of Batteries
Mr. Lanham stated that a copy of the tabulation sheets
had been provided for Council. He stated that three bids were
received. The low bid meeting specifications was San Jacinto
Ford. Councilman Fuller made the motion to approve this
ordinance. Councilman Johnson seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Dickens
Mayor Pro Tempore Wilbanks
Nays: None
ORDINANCE NO. 3674
AN ORDINANCE ACCEPTING THE BID OF SAN JACINTO FORD FOR THE
ANNUAL STORAGE BATTERY CONTRACT AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF SIX THOUSAND THREE
HUNDRED EIGHT AND 64/100 ($6,308.64) DOLLARS.
For tabulation of bid item, see Attachment "A."
Consider Appointment to Parks and Recreation Advisory Board
Mayor Pro Tempore Wilbanks stated that this appointment
is made by the Mayor and since he is not present at this
meeting, this item would be put on a later agenda.
Review of InforMa'tion'Concerning Hurricane Alicia Disaster
Mayor Pro Tempore Wilbanks stated that some information
had been put at the Council places and asked Mr. Lanham if
he would like to explain some of this material.
Mr. Lanham stated that this information does not relate
to the public hearing, but to a later item. He stated that
since there is a few minutes before the public hearing that
is scheduled for 7:00 p.m., he could discuss these items
with Council. He informed Council that there were two letters
provided; one from FEMA (Federal Emergency Management Agency)
and another from the Division of Emergency Management of the
Department of Public Safety of Texas. These letters relate
to the Brownwood issue to be discussed later. Mr. Lanham
added that there was also a letter from the President of the
Baytown Chamber of Commerce and members of the Executive
Committee regarding this same issue. He added that these
letters had come in today and were not available to go out
with the Council packets.
Mr. Lanham stated that Council had also been provided
with a revised copy of the ordinance that is to be considered
at this meeting. He stated that Council could use this extra
few minutes to study this additional material.
Comments From City Council
Councilman Johnson stated that he would like to call
attention to a letter from the Federal Bureau of Investigation
concerning some of the Baytown Police Officers involved in
a dangerous situation resulting in the arrest of a convicted
criminal. The letter expressed appreciation to the officers
involved in this arrest.
30908 -5
Minutes of the Regular Meeting - September 8, 1983
At this point Councilman Simmons stated that he would
like to discuss a traffic problem. He stated that there
seems to be a problem on East Defee and Seventh, where there
is a very abrupt curve. Councilman Simmons stated that
there there have been three previous instances in which
people have lost control of their car and hit the house
there. He asked if the Traffic Committee could take a look
at this and come up with a solution to help prevent this
problem.
Hold Public Hearing on Proposed Tax Rate (7:00 p.m.)
Mayor Pro Tempore Wilbanks called the public
hearing concerning the proposed tax increase for 1983 to
order. She stated that everyone desiring to speak at this
hearing should sign the list in the lobby, as this list
will provide the speaking order for the hearing. She asked
that anyone desiring to speak who had not signed the list
to do so at this time.
Mayor Pro Tempore Wilbanks stated that the hearing was
for the purpose of letting the citizens of Baytown speak in
regard to the proposed 1983 tax increase. The proposed sixty -
two cent tax rate is a 5.8 percent increase over the effective
tax rate as calculated by the tax assessor and a five cent
increase over last year's actual rate.
There was no one desiring to speak concerning the 1983
proposed tax increase.
At this time Mr. Lanham informed Council that the reason
for this proposed tax increase is Hurricane Alicia. He
stated that in the beginning when the budget was first
prepared there was no need for a tax increase. Mr. Lanham
stated that the present estimate of cost damages including
debris removal and Brownwood debris clearance is $1,280,000.
He added that the City did expect to get some federal funding
to pay a portion of this, but this is the estimated cost
to clear debris and restore public buildings to pre - Alicia
condition.
Mr. Lanham then asked City Attorney, Randy Strong,
to explain the process of a tax increase to Council and
to tell them what the next step is.
Randy Strong explained that the public hearing and
notices that have to be published are required now by the
new property tax code that was passed a few years ago. Ye
explained that another of the requirements is that the Tax
Assessor had to calculate an effective tax rate which is
basically what it took to operate last year's budget. A three
(3 %) percent increase is allowed over that rate without a
public hearing. Anything over the three (3 %) percent is
cause for a public hearing. Mr. Strong stated that at the
last meeting the Council voted on a 5.8% increase which
triggered the need for the hearing. He explained that they
must now set a time and place for the vote on the tax rate,
which cannot be held more than fourteen days from tonight's
hearing.
30908 -6
Minutes of the Regular Meeting - September 8, 1983
The Council agreed to hold this meeting on September
16, at 5:00 p.m. to set the proposed tax rate at 5.8 %.
Councilman Philips made the motion to hold the meeting
to vote on the proposed tax rate on September 16, at 5::00
p.m., and to set the tax rate at 5.8 %. Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
and Fuller
Mayor Pro Tempore Wilbanks
Nays: Council member Gerald Dickens
Councilman Dickens stated that he had no problem with
the date and time of the meeting being set, only with the
proposed increase.
At this point Mr. Lanham stated that the Council needed
to schedule a work session at some point before this September
16 meeting because the budget has to be voted on at the same
time. Council decided to hold this work session Tuesday,
September 13, at 4:00 p.m.
Mayor Pro Tempore Wilbanks closed the public hearing on
the proposed tax increase at 7:16 p.m.
Consider Proposed Ordinance Permanently Suspending the Issuance
of Building Permits and Prohibiting the Occupancy of Structures
Within the Brownwood Hazard Area
Mr. Lanham asked City Attorney, Randy Strong, to review
the proposed ordinance in detail. He then reminded Council
of the items that had been placed before them concerning
this issue. Mr. Lanham stated that one of these items is a
letter from FEMA detailing the assistance available to the
Brownwood Subdivision if the City Council adopts this ordin-
ance. Some of the assistance programs that will be made
available are:
1. Reimburse the City for debris removal down to the
slab in the Brownwood Subdivision on a 75 - 25
cost share basis.
2. Allocate up to 1.5 million dollars of FY 1984
Section 1362 Funding for the acquisition of
eligible flood damaged properties.
The letter goes on to say that if the City does not
adopt this ordinance, FEMA will not be able to provide any
funds normally available for eligible assistance needs in the
Brownwood area.
At this point Randy Strong addressed the Council. He
referred Council to the map which showed the actual Brown -
wood hazard area to which this ordinance refers. He stated
that there are several findings that pertain to this ordin-
ance. He informed Council of some of these as follows:
30908 -7
Minutes of the Regular Meeting - September 8, 1983
1. The hurricane has effectively destroyed all the
structures within the hazard area.
2. Due to the extremely low elevation of this area,
it is evident that repeated and future damages
will occur.
3. There is evidence that even some of the homes on
higher elevation received substantial damage.
4. Any structure built within this area would be a
safety hazard and would be dangerous for people
to occupy.
5. There are many homeowners in this area who intend
to relocate outside this area.
6. Based on information supplied by various city
departments it has been determined that it would
take in excess of four million dollars to rehabil-
itate the water and sewer system within the area.
7. The present subdivision ordinance prohibits the
development in flood prone areas where the cost
of providing utilities and governmental services
would pose an unreasonable economic burden.
8. Rebuilding in this area would cause an economic
burden on the taxpayers in Baytown.
9. The presence of quicksand and ground and surface
water within this area increases the cost of
reconstruction to the City and renders unlikely
the advisability of building structures on piers
in that area.
After all these findings the ordinance would declare
this area to be a nuisance and permanently suspend the
issuance of building permits and prohibit the occupancy of
structures within the area.
Councilman Simmons stated that none of the Council could
possibly realize the suffering of these Brownwood residents.
He stated that the majority of the Brownwood residents had
expressed publicly their desire to receive all the assistance
they can from that area, realizing that the future promise
of that area is dismal. At this point Councilman Simmons
made the motion to adopt the ordinance. Councilman Fuller
seconded the motion.
Several members of the audience addressed Council to
present their views on the ordinance. Some agreed with the
decision of Council, others felt that they should be allowed
to rebuild. There were some suggestions that the area be
de- annexed and the residents be responsible for their own
utility services. There were some questions from residents
outside the hazard area or just adjacent to the hazard area
on how they would be affected by this ordinance. City
Attorney, Randy Strong, stated that this ordinance applies
only to the area referred to as the Brownwood hazard area.
30908 -8
Minutes of the Regular Meeting - September 8, 1983
He stated that under the ordinance now in existance those
who suffered substantial damage would not be able to rebuild
unless doing so at the sixteen foot elevation. Mr. Strong
stated that this applies throughout the entire city, regardless
of the area. Mrs. Jean Shepherd, President of the Brownwood
Civic Association, addressed the Council. She stated that
she felt that the residents had to be realistic about the
approach to Brownwood; that Brownwood was no more.
Mayor Pro Tempore Wilbanks then introduced Mr. William
Hansberry and other FEMA representatives. Mr. Hansberry stated
that he would be available after the meeting to talk to
anyone who had questions. He added that he felt everyone
involved should know exactly what FEMA's stand on this
situation is. He went on to say that this is disaster
number 689 for this organization, and that they are very
knowledgable in this field. Mr. Hansberry stated that FEMA
is very aware of the concerns of the citizens in the Brownwood
area. He stated that the equity of FEMA is to get out from
under a risk, it is not to make life sunny again for people.
It is a bureaucratic, democratic, money oriented idea of
getting out from under a substantial insurance burden. He
stated that this area has been identified as a flood hazard
area for a number of years, and the prediction for this area
has come true.
Councilman Johnson asked a question of Mr. Hansberry
at this time. He asked if this had to be an all or nothing
situation, or would some be able to keep their property if
they desired. Mr. Hansberry stated that this does not have
to be an all or nothing deal; however, development cannot be
fostered within the flood plane, nor can any other agency be
allowed to do so.
Mayor Pro Tempore Wilbanks stated if there was no more
discussion to be brought before Council on this matter, that
the Council would now vote. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Dickens
Mayor Pro Tempore Wilbanks
Nays: None
ORDINANCE NO. 3675
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
DECLARING THE EXISTENCE OR OCCUPANCY OF STRUCTURES WITHIN
THE BROWNWOOD HAZARD AREA A NUISANCE; PROHIBITING THE
REPAIR, ERECTION, AND /OR CONSTRUCTION OF STRUCTURES WITHIN
THE BROWNWOOD HAZARD AREA; PROHIBITING THE OCCUPANCY OF
STRUCTURES WITHIN THE BROWNWOOD HAZARD AREA; CONTAINING A
SAVINGS CLAUSE; REPEALING INCONSISTENT ORDINANCES; CONTAINING
A PENALTY CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
30908 -9
Minutes of the Regular Meeting - September 8, 1983
Consider Approval of the Draft Agreement with FEMA Concerning
Section 1362 - Property Acquisition Program
Mr. Lanham stated that Council had been provided with a
copy of this draft agreement. He stated that there were some
changes that the City Attorney wanted to see changed before
the agreement was signed. Mr. Lanham asked the City Attorney
to discuss the agreement at this time.
Randy Strong stated that the Section 1362 Acquisition
Program is a voluntary program for the property owners,
but one of the requirements is that the City has to enter
into an agreement with FEMA whereby the City will accept
the property they do buy. He stated that he had been
provided a copy of the draft agreement from the FEMA repre-
sentatives which listed some of the standard provisions required
by FEMA. However, the City does have an opportunity to make
changes in the agreement. Mr. Strong stated that once these
changes are made, FEMA will have an opportunity to review
the draft again, and at that time a final draft of the
agreement will be brought before Council for final approval.
Councilman Johnson stated that he felt that one question
that probably was on the minds of the Brownwood residents was
how long would it take before they received their money. Mr.
Lanham asked Mr. Hansberry from FEMA to address this question.
Mr. Hansberry stated that it would take at least a
couple of weeks but no longer than bureaucracy or law will
allow.
Councilman Philips made the motion to adopt the draft
as amended. Councilman Dickens seconded the motion.
Mr. Hansberry then answered several more questions
concerning Section 1362. One question was addressed to
Council concerning the police protection for the Brownwood
area. The City Attorney stated that this would be decided
by Council after the agreement had been signed but the
protection would continue as is until that time.
The Council then voted on the adoption of the draft
agreement. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Dickens
Mayor Pro Tempore Wilbanks
Nays: None
Adjourn
There being no further business to be transacted at
this time, the meeting was adjourned.
Lynda ilgore, Del4uty&ity Clerk
Approved:
Eileen P. Hall, City Clerk
CITY OF BAYTOWN
TITLE . ANNUAL STORAGE BATTERY CONTRACT BID TA BULAT I O N
BRzR -7(,
DATE= 8- 0 -8 2:00 .m.
Attachment "A"
ITEM QTY
UNIT
DESCRIPTION
WOWCO
TEDS SUPPLY
SAN JACINTO FORD
RELIABLE BATTERY CO.
NtT
EXTENDED
UNIT
EXTENDED
UN {T
EXTENDED
UNIT
EXTENDED
1
24
each
Type Delco Fredom, 8360
52.49
or equivalent
2
3
4
28
10
10
each
each
each
each
each
Type Delco Freedom, 8960
Type Mopar, 30H
Type 4D, or equivalent
Type 80, or equivalent
Type 77, or equivalent
SPECIAL CONDITIONS:
55.34
60.91
116.98
143.40
55.34
1,549.52
60 .10
$1 169.80
$1,434.00
$1,106.80
1.4
* 62.75
*110.10
*132.55
53.15
naps, not ripet
1 440 6
627.50
*$1,101.00
*$1,325-50
$1 063.00
46.46
46.46
106.04
129.50
59.42
$1,300.88
464.60
si.o6o.4o
$1,295.00
$1 188.40
5
6
10
20
'
specs.
warranty is
for 24 mo
ths.
i
MODEL
GOULD
CONTINENT
L
F
WARRANTY
3 YEAR & 5
YEAR
24 MONTHS
E 36 M
MONTHS
DELIVERY-
MAXIMUM 2
DAYS, ARO
2 DAYS ARM
30 DAYS AKQ
GROSS TOTAL
LESS DISCOUNT
NET TOTAL
TE'4S
DE -, JERY
$7,128.98
$6,432.40
S6-308.64