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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