1985 01 24 CC Minutes50124 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 24, 1985
The City Council of the City of Baytown, Texas met in
regular session on Thursday, January 24, 1985, at 6:30 p.m.
in the Council Chamber of the Baytown City Hall with the
following attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Ron Embry
Roy L. Fuller
Gerald Dickens
Allen Cannon
Fritz Lanham
Larry Patterson
Randy Strong
Lynda Kilgore
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
The meeting was called to order with a quorum present.
The invocation was offered by Councilman Embry, afterwhich
the following business was conducted:
Consider Minutes for Regular Council Meeting Held January
10, 1985
Councilman Philips moved for approval of the minutes;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Receive Petitions
No petitions were presented.
City Manager's Report
Johnson, Simmons,
Notice from Texas Municipal League - Notices were put
at the Council places regarding a legislative seminar to be
held in Austin on February 11, 1985. Mr. Lanham stated that
he would like to see as many Council members as possible
attend.
Group W. Cable T.V. Rate Increase - Group Cable is
planning a rate increase for their basic cable service.
The rates of Group W are not regulated by the City, but
they have made it a practice to advise Council of any
rate increases.
50124 -2
Minutes of the Regular Meeting - January 24, 1985
Army Corp of.Engineers Hearing.- Council had asked the
Administration to advise the Corps of Engineers that they
would like for the Corps to hold a hearing on the application
for a permit that had been received from a property owner on
the west side of Cedar Bayou to complete the filling of a
certain area. The Corps has responded by phone that they
have received comments from others as well as from the City
and that these objections will be submitted to the applicant
who will have forty -five (45) days to respond to the Corps.
The Corps will determine whether to deny or grant the permit
and whether or not a public hearing will be held, at which
time they would contact the City to arrange a place for the
hearing.
Bond Sale - The bond sale is scheduled for Tuesday,
January 29, at 5:00 p.m. The City has retained its AA
ratings with both Standard and Poors and Moody's. Mr.
Lanham stated that it is encouraging that the market is
still improving.
Continuing patrols in Brownwood - Administration is
receiving calls concerning the police department patrols in
Brownwood. The area is still being patroled and only property
owners are authorized to move anything from any of the
structures in Brownwood. The patrol will continue, and the
Chief has instructed his officers in unmarked cars to also
drive through the area.
Street lights on Rollingbrook - The street lights on
the new portion of Rollingbrook are all on as of January 21,
1985.
Capital Improvements Project - The contractor on the
flood control district project on the Craigmont Ditch has
placed 21325 feet of concrete lining, and about 1900 feet of
the concrete side slopes are in place.
Bayway Drive Elevated and Ground Storage Tanks - The
contractor is sanding and is in the process of applying the
prime paint to both tanks, and the structural repairs to the
interior of the ground storage are in process.
Emergency Generator for City Hall - The generator has
been shipped and is now in Houston. It is expected to be
delivered here next week. The foundation is complete and
the electrical conduit into the City Hall is being con-
es structed.
IH -10 Water line near Reading Buick - The contractor is
underway and has completed the installation of about 1000
linear feet.
Sterling Library - Mr. Lanham showed Council a picture
on the front page of the Houston Chronicle of Baytown's
Annual Teddy Bear Parade in Sterling Municipal Library.
50124 -3
Minutes of the Regular Meeting - January 24, 1985
Question /Comments from Council
Councilman Philips stated that he had been approached
by one of the Traffic Commission members regarding the 30
MPH sign on Rollingbrook Drive that Council had taken action
on a few weeks ago. The Commission had not intended for it
to be on the east side of the bridge, but put nearer the
intersection where the reduction in speed should be. They
feel that it is an inconvenience to post this sign back on
the other side of the bridge. Councilman Simmons stated
that this had been discussed and the reason for putting it
there was to give warning that after crossing the bridge you
would be in 30 MPH territory. Council decided that the sign
was in the best location.
Councilman Johnson stated that he had asked some time
ago about the "Kit" buildings that Furrow's and Lowe's and
some of the hardware stores were selling and wanted to know
if there had been any follow -up on this. Mr. Lanham stated
that the Administration had been in touch with these businesses
and they had indicated that they all have an engineer on
their staff and that it would be no problem to get the
proper stamp on these kits.
Comments - Ms. Pat Collins, 133 MacArthur, Brownwood
Subdivision, stated her appreciation for the job that the
Police Department is doing in patroling that area.
Receive Annual Audit Report
Dave Start with the firm of Gerace, Hullum, Start and
Co., auditors for the City of Baytown, was present to review
the financial statements of the City of Baytown as of September
30, 1984. He stated that the report contains a consistency
exception, which is the kind of exception that has been in
the report for quite some time because of changes in the
pronouncements that dictate how the statements are presented.
He stated that the report for September, 1983, that was
brought to Council included in the enterprise fund not only
the water and sanitation funds of the City, but also the
results of operations of Baytown Area Water Authority as
though it were an enterprise fund itself. At that time that
was the appropriate method of reporting. Since that time
more homework has been done and this has been discussed with
other authorities, and they believe that the intent of the
pronouncements does not go that far. So accordingly, this
year the results of BAWA's operations still have to be r
included in the City report because of the oversight that is
exercised over that entity; but, now those operations can be
reported as a special revenue fund. He pointed out that on
page one, the balance sheet, the major heading -- Governmental
Fund Types - -and within that, a subhearing called Special
Revenues, you will fund BAWA and Other. He stated that he
felt that this was the appropriate method under the pro-
nouncements as they now stand and have been interpreted, and
it all fits into a scheme that is described as a pyramid
structure. Because that change was made and is different
from the way the statements were presented in 1983, there is
a consistency exception. He stated that it is a change with
which his firm does concur.
50124 -4
Minutes of the Regular Meeting - January 24, 1985
Mr. Start stated that there was another format change
in the group of accounts called "Other Special Revenue
Funds" which in prior years have been entitled "Trust and
Agency." There is no change in the accounts that make up
those items, merely a change in description.
Mr. Start pointed out that Council would be interested
in page five where the revenues and expenditures of the City
are compared on a budgetary basis. For those primary budgeted
funds, that being the General Fund and the Debt Service
Fund, there have been favorable variances from the budget,
either exceeding revenues or undercutting expenses from what
was anticipated.
He stated that pages nine through thirteen contain the
footnotes to the financial statements, pointing out that
Footnote No. 2 describes the change that was made that
resulted in the consistency exception in the report.
Another item of particular interest to Council is in
Footnote No. 3 which discloses the accrued vested vacation
benefit liability. Mr. Start pointed out that during the
past year there has been an increase of about $190,000 in
this liability. He stated that the action that Council took
to change the way these benefits vest has not been in effect
long enough to make any substantial effect on these lia-
bilities.
In response to a question from Council concerning a
section on page one, under "Special Revenues - Others" where
there is a cash overdraft, Mr. Start stated that what that
basically means is that those funds have expended more money
than they had. He stated that the Depository looks at the
City's accounts overall, and that their concern is that the
accounts have a net positive balance. What has happened
internally is that rather than transfer funds from one
account to another, they have just let that account go into
a deficit balance. If the bank or depository were concerned
about maintaining positive balances in all the accounts, a
transfer from the General Fund to the Special Revenue Fund
would have been made. Councilman Dickens inquired if there
is a cost to the City because of this overdraft. Mr. Start
stated that there is no charge.
Councilman Philips moved to accept the financial state-
ments as of September 30, 1984; Councilman Fuller seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
50124 -5
Minutes of the Regular Meeting - January 24, 1985
Hear Report of Transit Committee
Mr. Bill McElhannon, chairman of the Baytown Transit
Committee, presented a report to Council. He stated that
at this time they have no definite recommendations to make
but would like to give Council a status report. Mr.
McElhannon informed Council that the Committee has reviewed
the Baytown Transit Feasibility Study and has concluded that
a park and ride type transportation facility is a good
possibility. They have also concluded that inter -city
transportation is probably much more feasible, so they have
concentrated on the park and ride type facility for the time
being. He stated that several bus companies were contacted
and were asked to critique this study along with the Committee.
The estimates were reasonable and the companies were inter-
ested in providing the service. The Houston - Galveston Area
Council was also contacted and explained the three basic methods
to finance these facilities. One method is t_o set the-fares
at a rate that would pay the cost. He added that this'is an
almost impossible method and almost never works. A second
method would be to have a city or local tax, wherever legal,
and let that tax offset the deficit. The third method would
be through the Federal government, UMTA, Urban Mass Transit
Agency, which has funds which are set aside for this purpose.
Mr. McElhannon reminded Council that not too long ago the
tax on gasoline was increased to five cents. One cent of this
is allocated to the areas throughout the country for UMTA
money. The Houston - Galveston area will get approximately
$25,000,000 this year and Baytown is included in that area,
although the money goes to METRO because we have no transpor-
tation system.
He_went on to add that the study indicated that there
were approximately 3,600 Baytownians who work inside the
610 Loop with roughly a 1000 of these working inside the
central business district. With this in mind, the Committee
looked at possible locations for a park and ride lot. He
stated that there are two types of park and ride lots. One
type is a number of small lots with the buses going to
each small lot to pick up riders. Another is a central lot
that would transfer riders from a central location to Houston.
The Committee looked at both types and at many different
locations, including the old Decker Drive -In area which
seems to be the most feasible at this time. A cost estimate
has been prepared and the Committee has asked METRO to
prepare a cost estimate which should be available the end
of January or the first ofFebruary. The Committee involved
METRO by asking them if they would consider contracting service
to the Baytown area even though Baytown turned down the one
cent tax and is not in their "taxable" area. This would be
a first if they would decide to do this. Their Board of
Directors has indicated that they are interested and they have
designated someone to negotiate with the Committee to deter-
mine a reasonable contract to provide service. He stated
that the committee feels that METRO would be the best solution
because there would be a minimal initial capital outlay,
marginal administration, no new administration organization
would be needed, and marginal cost for METRO versus full
start -up costs for others. Also the Committee feels METRO
is more stable than the other bus lines and more flexible.
50124 -6
Minutes of the Regular Meeting - January 24, 1985
The committee will come back to Council after they have
obtained all the information with more definitive recom-
mendations. Mr. McElhannon thanked the Committee and Dina
Stucker for their work and support. Council thanked Mr.
McElhannon and his committee for their efforts in preparing
this report.
The point was made that should METRO decide to do this,
the one cent would more than likely be made up in the rate
of the fares. It was discussed that the City will have to
come up with some share of these monies, and that the Council
should remember than the citizens of Baytown voted to stay
out of METRO and this should be taken into consideration.
The point was made that this is a different METRO than at
that time and there has been a distinct change.
Mr. McElhannon stated that METRO has something to gain
by this arrangement also because they certainly don't want
to see Baytown, Pasadena, and other areas all split off and
get their own shares of the UMTA money.
Ms. Dorothy Troxell to appear concerning the city's sewer
Maintenance Policy
Mrs. Troxell was not present.
Consider Proposed Resolution, Authorizing the Director of
Parks and Recreation to Make Application to the Texas Parks
and Wildlife Department for Grant Funds for Development of
Park Property on Airhart Drive
Mr. Bobby Rountree presented this item to Council. Mr.
Lanham informed Council that they have until January 31, to
submit an application for Parks and Wildlife Funds that would
be considered by the Board in June. Mr. Rountree informed
Council that the Airhart property is sixteen acres in size
and is located at the intersection of Lynchburg and Airhart.
A grant in the amount of $179,080 was recently received
from the Land and Water Conservation Fund for the acquisition
of that land, and Mr. Rountree feels that we have a good
chance of getting funding for the development of this park.
The proposed development would include multi - purpose
athletic fields, open -air shelters, restrooms, parking,
driveways, playground and picnic areas inside the park
itself. The application being submitted is requesting
$250,000 in grant funds from the Land and Water Conservation
Fund. The City's match would come from the 1981 Bond Program.
Councilman Fuller moved to authorize the Administration
to make application for grant funds for development of park
property on Airhart Drive. Councilman Dickens seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
50124 -7
Minutes of the Regular Meeting - January 24, 1985
RESOLUTION NO. 903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
DESIGNATING THE CITY MANAGER AS BEING RESPONSIBLE FOR ACTING
FOR AND ON BEHALF OF THE CITY OF BAYTOWN IN DEALING WITH THE
TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF
PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF
1965; CERTIFYING THAT THE CITY OF BAYTOWN IS ELIGIBLE TO
RECEIVE ASSISTANCE UNDER SUCH PROGRAM; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Consider Proposed Resolution, Authorizing the City Manager
to Apply for a Criminal Justice Division Grant for the
Purpose of Establishing a Statistical Data Analysis Program
Larry Patterson, Assistant City Manager, presented this
item to Council explaining that this is for a grant of
$26,438 to provide funding to develop a Statistical Data
Analysis Program. He stated that the state's share of the
grant would be $22,592 and the City's portion would be
$3,846. The grant would fund a Senior Clerk's position
along with professional computer equipment so that a program
could be started that would identify statistical data
correlations and projections that would better facilitate
not only police response, but citizen involvement. Mr.
Patterson provided some statistics to Council stating that
in the last 18 months Baytown has experienced over 1,320
residential /business burglaries and 119 armed robberies.
There are twelve active Neighborhood Watch Programs which
cover three- fourths of the Baytown Geographical area. There
are two Employee Crime Watch Programs. The implementation
of a Statistical Data Analysis Section would allow for
better communication with the citizens by providing current
factual data pertinent to the geographical area in which
they reside and work. It would also allow the Baytown
Police Department to provide a pro- active approach to Police
service, by attempting to prevent an increase in criminal
activity in both residential and business communities.
Councilman Dickens expressed concern regarding maintain-
ing the funding, and the possibility of putting someone on
the payroll for a position that may not be available after
the first year because the funding may not be available.
Chief Henscey responded to this by stating that this funding
comes from the Criminal Justice Funding and that the only
way the funding would not be available would be if the
Board, of which he is a member, feels that there is a better
program they would like to try.
Councilman Fuller moved for the adoption of the
resolution. Councilman Johnson seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry and Fuller
Mayor Cannon
Nays: Councilman Dickens
50124 -8
Minutes of the Regular Meeting - January 24, 1985
RESOLUTION NO. 904
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE
COUNCIL FOR A GRANT TO ESTABLISH A MEANS OF STORING, ANALYZING
AND CORRELATING STATISTICAL AND ANALYTICAL DATA FOR APPRE-
HENSION AND CRIME PREVENTION PROGRAMS AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Consider Proposed Resolution, Authorizing the City Manager
to Apply for a Criminal Justice Division Grant for the
Purpose of Establishing a Youth and Law Program
Larry Patterson presented this item to Council stating
that this grant will be for $30,132, of which $225 will be
the local share and $29,902 will be the state's share. The
purpose is to provide one crime prevention /law enforcement
officer to work directly with students, faculty and admin-
istrators in Baytown elementary, middle, high schools and
junior college. These schools represent in excess of 16,000
students plus the faculty. At this time the Baytown Police
Department has no one available to counsel and advise on
police related matters. Under this program the faculty of
these schools will be able to call on this officer for up to
date statistics and recommendations involving the Police
Department. The program will provide the community and
school district with two areas of benefit. One by increased
police visibility in the schools and by interaction on a
personal and routine basis with children, which will improve
the students protection and personal involvement by informal
counseling sessions. The implemention at the schools and
special events seminars will lead to a higher recovery rate
and will improve relationships between students and police.
Councilman Dickens stated that he had no objection to
the program but again the City would be depending on state
funding.
In response to a question from Council, Mr. Patterson
answered that this grant comes from the same funding as the
Statistical Data Analysis Program does.
Councilman Philips moved for the adoption of the
resolution. Councilman Fuller seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry and Fuller
Mayor Cannon
Nays: Councilman Dickens
RESOLUTION NO. 905
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE
COUNCIL FOR A GRANT TO ESTABLISH A YOUTH AND LAW PROGRAM AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
50124 -9
Minutes of the Regular Meeting - January 24, 1985
Consider Proposed Ordinance, Authorizing Abandonment of a
Portion of Graham Street Between Morris and Bayless Streets
Council was not ready to take action on this item. It
will be put on the agenda for a future meeting.
Consider Proposed Ordinance, Approving Contract with Thomas
Y. Pickett for Industrial Appraisals
Mr. Lanham stated that this would continue the contract
with Thomas Y. Pickett which we have had with them for
several years to do our industrial appraisals. He stated
that our industrial district contracts provide that we have
an appriasal made of industrial properties. The Council
appoints a Board that considers those appraisals independent
of the Appraisal District Board. The values should be the
same, but someone must defend those appraisals to that
Board. Also, the only appraisals we have on Chambers County
properties are what Thomas Y. Pickett does. This includes
U.S. Steel, Mobay, HL &P, and soon Hoesch. The city has no
one on staff with this expertise so Thomas Y. Pickett or
someone must present all the appraisals, Harris County and
Chambers County, to our review board.
Councilman Dickens moved for the adoption of this
ordinance approving the contract with Thomas Y. Pickett for
industrial appraisals. Councilman Philips seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 4060
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
THOMAS Y. PICKETT & COMPANY, INC. FOR INDUSTRIAL APPRAISAL
SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing Demolition of
115- 117 -119 West Texas
Mr. Lanham stated that these are structures that have
been discussed by the Urban Rehabilitation Board many times.
In 1982 this item came before the Council. At that time the
owners presented plans to Council to bring these buildings
up to standard. That has not yet been done. Permits have
been issued various times and voided because the work was
not done. This week an application was received from Mr.
Dale Calcarone to obtain a permit to work on the building at
119 W. Texas, and today he allowed our inspectors into the
building. Mr. Lanham presented pictures of work that had
been done without permits and without inspections.
50124 -10
Minutes of the Regular Meeting - January 24, 1985
Council agreed that they would like to see Texas Avenue
rejuvenated but the safety of the public must come first.
At this point, Mr. Dale Calcarone addressed Council.
He stated that he wanted to make it clear that some work had
been done at this location, and that some of the work had
been done without a permit, but not all. He added that he
felt he had been personally intimidated by the inspection
department and the Urban Rehabilitation Board by being told
that the building would be demolished even though he had put
two years of his life and money into the building because he
had failed to obtain permits and adhere to the Code.
Council informed Mr. Calcarone that when he appeared
before them in 1982 he was told that a lot of that work had
to be done by licensed personnel and according to the Code.
He failed to do that. The only solution for Mr. Calcarone
would be to tear out the work that he had done without the
proper permits and without adhering to the Code, and start
over from scratch following the guidelines outlined in the
Code.
Mr. Hayden Hudson, one of the original owners of record
asked to be recognized. He stated that he felt that it
would be unfair to ask Mr. Calcarone to tear down the work
that he has done.
Council again informed Mr. Calcarone that the only way
they could work with him would be to tear out the work he
had done without permits and without meeting the Code and
the proper permits and code requirements. Mr. Calcarone
stated that he could not afford to do this.
Councilman Philips moved to authorize demolition of
115 - 117 -119 West Texas Avenue. Councilman Johnson seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Embry,
and Dickens
Mayor Cannon
Nays: None
Abstain: Councilman Fuller and Councilman Simmons
Councilman Fuller asked that the record show that he
was abstaining because he has a conflict of interest as a
property owner on Texas Avenue.
Council agreed to give Mr. Calcarone three weeks, until
the next Council Meeting to think this over before any
demolition action begins.
ORDINANCE NO. 4061
AN ORDINANCE ACCEPTING THE BID OF BIG 9 VACUUM TRUCKING COMPANY
FOR THE DEMOLITION OF STRUCTURES; AUTHORIZING EXECUTION OF
A CONTRACT FOR THE SUM OF THREE THOUSAND NINE HUNDRED AND
N01100 ($3,900.00) DOLLARS; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT.
For tabulation, see Attachment "A."
50124 -11
Minutes of the Regular Meeting - January 24, 1985
Consider Proposed Ordinance, Calling the Municipal Election
for April 6
Councilman Dickens moved to adopt the ordinance calling
the Municipal Election for April 6. Councilman Simmons
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 4062
AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON
THE 6TH DAY OF APRIL, 1985, FOR THE PURPOSE OF ELECTING
THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS.
TWO (2), THREE (3), AND SIX (6); AND THE ELECTION OF A
MAYOR FROM THE CITY AT LARGE; PROVIDING FOR THE ELECTION
OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID
ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL
COUNTING STATION; PROVIDING FOR A SPECIAL CANVASSING BOARD
FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING AND
PUBLICATION OF NOTICE.
Consent Agenda
Council considered the Consent Agenda as follows:
a. Proposed Ordinance No. 50124 -5, will award the bid
for the Annual Fireworks Display contract. Bids
were mailed to three vendors and two bids were
received. Zambelli Fireworks submitted the low
bid of $2,796.52.
we recommend the low bidder, Zambelli Fireworks
Mfg. Company be awarded this contract.
b. Proposed Ordinance No. 50124 -6, will award the
concessionaire agreement for the Baytown Sports
Complex. One bid was received. That was the bid
of Holmes Construction in the amount of $3,500, or
15% of gross the city will receive, or whichever
is greater for the year.
we recommend the low bidder, Holmes Concession, be
awarded this contract.
Councilman Dickens moved for adoption of the Consent
Agenda. Councilman Johnson seconded the motion. The vote
rfollows:
50124 -12
Minutes of the Regular Meeting - January 24, 1985
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
For bid tabulations, see Attachments "B" and "C."
ORDINANCE NO. 4063
AN ORDINANCE ACCEPTING THE BID OF ZAMBELLI FIREWORKS MANU-
FACTURING COMPANY FOR THE ANNUAL FIREWORKS DISPLAY CONTRACT
AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE
SUM OF TWO THOUSAND SEVEN HUNDRED NINETY -SIX AND 52/100
($2,796.52) DOLLARS. (Proposed Ordinance No. 50124 -5)
ORDINANCE NO. 4064
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
HOLMES CONCESSION FOR THE CONCESSION AT THE BAYTOWN SPORTS
COMPLEX (EXCLUDING THE SWIMMING POOL); AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 50124 -6)
Consider appointments to Community Development Advisory Board
Councilman Johnson moved to reappoint Mrs. Madonia
Stafford Ruckett, Ruben DeHoyos, and Jean Shepherd to the
Community Development Advisory Board. Councilman Dickens
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Consider appointments to Mobile Home Review Board
Council was not ready to make these appointments.
Consider appointments to Electrical Board
Councilman Philips moved to reappoint Mr. George Saphos
and Mr. Horton Bridges to the Electrical Board. Councilman
Embry seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
50124 -13
Minutes of the Regular Meeting - January 24, 1985
Consider confirmation of appointment to Civil Service Commission
Mr. Lanham stated that Code provides that this appoint-
ment be made by the City Manager subject to confirmation of
the City Council. He reappointed Mr. Houston Schweitzer.
Councilman Embry moved to confirm the appointment of
Mr. Houston Schwitzer to the Civil Service Commission.
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Recess into Executive Session to Discuss Contemplated
Litigation and Real Estate Acquisition
Mayor Cannon recessed the open meeting into executive
session to discuss contemplated litigation and real estate
acquisition. When the open meeting reconvened, the following
business was transacted.
Consider Proposed Ordinance, Accepting Donation of Property
in Brownwood
Randy Strong, City Attorney, presented this item to
Council. He stated that the City had been contacted by
someone with Gray Enterprises. One of the Eddie Gray Trusts
has property in the Brownwood Subdivision, and has offered
to donate the property to the City. This ordinance would
accept the dedication of Lots 18, part of Block 17, and
Block XA, Brownwood Subdivision.
Councilman Johnson moved for the adoption of the
ordinance. Councilman Fuller seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Dickens, Embry and Fuller
Mayor Cannon
Nays: None
ORDINANCE NO. 4065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
ACCEPTING THE DEDICATION OF PROPERTY BY EDDIE GRAY, TRUSTEE;
DIRECTING THE CITY CLERK TO FILE SAID DEDICATION WITH THE
COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
50124 -14
Minutes of the Regular Meeting - January 24, 1985
Consider Proposed Ordinance, Authorizing the City Attorney
to Make Offers for and on Behalf of the City of Baytown
for Purchase of Property in Brownwood; Requiring that
Such Offers Be Accepted Within Fifteen (15) Days;
Directing the City Attorney to Institute Condemnation
Proceedings in the Event Such Offers Are Refused
Randy Strong, City Attorney, stated that the city had
received appraisals on twenty -seven (27) parcels for a total
of $62,300. This ordinance will approve making the various
offers as listed in the ordinance to the property owners
as shown, and if these offers are not accepted, authorize
condemantion proceedings against each property. Councilman
Philips moved for adoption of the ordinance; Councilman
Embry seconded the motion.
At this point, Mayor Cannon recognized Roxanne Gillum
who expressed the opinion that Brownwood residents were
being treated unfairly in the condemnation process. She
pointed to property in Lakewood and said that property
there is selling for thousands of dollars more than what
is being offered by the city to residents of Brownwood.
She also expressed the feeling that the property is worth
less because there is no sewer service available.
Ms. Gillum inquired of Council - -why not deannex portions
of the hazard area?
Mayor Cannon responded that he had considered that
possibility but to deannex the area would solve no problem
because there would be no control of the area in that event.
Ms. Gillum pointed to the two bond elections held on
the Brownwood issue which were defeated as a means to
justify the belief that one could purchase property in
Brownwood and expect to live there without intervention
from the city.
Council took exception to this, stating that defeat of
the bond election indicated that the voters of Baytown had
no desire to participate in buyout and relocation.
Ms. Gillum was told that two separate appraisers had
been hired to appraise property in Brownwood. The procedure
after this is to make offers; if the offers are rejected,
the issue goes to condemnation where a third party decides
on the appraisals.
Ms. Gillum contended that because the city is providing
no water or sewer service to the area, the appraisals are
lower.
Council responded by saying that Hurricane Alicia was
responsible for the damage to Brownwood.
The Mayor recognized Pat Collins, owner of property in i
Brownwood, who stated that she would gladly donate her
property if Council could assure her that the area would
continue as -a maintained, mowed.park,
50124 -15
Minutes of the Regular Meeting - January 24, 1985
Council responded that they could not make any
guarantees because of all the lawsuits involved and terms
of Council, but Council assured her that it is the intent
and desire of Council to see this area become a park.
James McCaleb, 1501 Colby, addressed Council at this
time. He stated that he owns ten acres in Brownwood, and
he believes his property is worth more than what is being
offered. He stated that the only way the city will ever
get his property is to take him to court.
Ms. Barbara Blalock appeared and stated that it is the
duty of the Brownwood residents to stand up for what they
believe in and to fight for what they believe is right.
She asked if Council could give her some answers on how
the property is being appraised. Mr. Strong informed her
that the appraiser was looking at all factors including
elevation, size of the lot, whether or not there is a
structure on the lot and what condition that structure is
in, and the amount of damage it has suffered in determining
the market value of that structure as it is right now.
Mr. Strong told her that this was not the place to argue
the appraisals, she could do that in the condemnation
hearings.
At this point Mrs. Reba Eichelberger asked to be
recognized by Council. She stated that first of all she
wanted to make it clear that she would speak only for
herself and has no personal interest in Brownwood, but
perhaps later a client. Ms. Eichelberger asked if the city
acquires the land and cannot get the funding for a park,
does the City have the funds to develop the park. Council
responded that although the City might not have the cash
on hand, they do have the ability to raise funds. She
asked that if the City could not develop the park, what
would the City do with the land. Council responded that
the City is limited by the agreement with FEMA to maintain
the land as open space. Ms. Eichelberger asked if the
land could be sold to another individual. The answer was no.
At this point Council voted on the motion to approve
the ordinance.
Ayes: Council members Philips, Johnson, Simmons,
Dickens, Embry and Fuller
Mayor Cannon
Nays: None
ORDINANCE NO. 4066
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS
FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OR
OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN
TRACTS DESCRIBED HEREIN REQUIRED FOR PARK PURPOSES; REQUIRING
THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO-
CEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
50124 -16
Minutes of the Regular Meeting - January 24, 1985
Mayor Cannon mentioned that there had been a meeting
on the Naval Homeport Project and the need may arise for
someone to go to Washington to lobby and wants Council
permission for someone to attend. This was approved.
Adjourn
There being no further business to come before Council
the meeting was adjourned.
-17111
Lynda Kilgore, Deput City Clerk
Approved:
Eileen P. Hall, City Clerk
E. Demolition of Structures
I 1,914 ---J' _,_
4 ! E: Thursday January 3, 1985 9:00 a.m.
Q CA T10 fV K -R Sur 1tis Lbr.
COMPLETION
Y. TIME .PRICE
CITY OF BAYTOWN
-'
BID TABULA TION
Christian Constr. Big 9 V cuum Trk.
COMPLETION COMPLETION COMPLETION
TIME PRICE TIME PRICE TIME. PRICE
Attachment "A"
COMPLETION
TIME PRICE
' COMPLETION
TIME PRIG
1 1213 'Turner St. 30 Days 1,185.00
30 Days 1,737.50 30 Days 500.00
1 119 'd. Texas
30 Days 1,420.00
' 115 -117 W. Texas
30 Days 2,580.00
I
1 115- 117 -119 W. 45 Days 13,386.00
45 Days 3,900.00
Texas
*115 - 117 - 119 W. Texas Nve.
will bid seper to and als
as a Package. Thirty day- per
.,;c ructure. Forty five da •s
on package dea L.
i
I
4
CITY OF PAYTU. - ;N
BID TA3U!1,TTOiJ Attachment "B"
TiiL�: ANNUAL FIREWORKS DISPLAY
:ID: #8512 -23
)"
. =,TE: 1 -3 -85 2:40 P.M.
IT QTY UNIT _
DSCRIPTION ZAMBELLI FIREWORKS ATLAS ENTERPRISES ALPHA ENTERPRISES
�_�, � UhTfi PRICE EXT. ?RICE UNIT PRICE I EXT. PRICE ( UrJIT PRTCE EXT. PP.10E IUr;IT PRIC= TEXT. PRICE
1 1 each ANNUAL FIREWORKS DISPLAY CONTRAC $2,796.52 $3,750.00 NO RE PONSE
I I
per s ecifications.
1
I
I
I
I
I
I
I
DELIVERY:
As spec*ifiec
As specified
1
SPECIAL CONDITION:
Insurance c
verage $10 td
Insurance c4erage
is
$15 million
on bodily
I$5 million s�ngle
limit.
I
I
injury & pr
petty damage.
-
(
I
I
I
I
I
I
I ALTERNATE:
$3,000.001
(
I
I
I
An extra 23
shells in th
I
I
I•
I
I
I I
program, sane
format.
(
)
I
I
I
I
I
I
I
1
I
I )
I
I I
I
(
I I
IBids were mailed to three vendors.
I
I I
I
I
I
E I V= Rly
Iq TOTAL
TERMS
! I
I I
I I
I
CITY OF BAYT0:•.W
- - 61 D TASUL ".T I O;J Attachment "C"
TIiL�: CONCESSION STANDS AT BAYTOWN SPORTS COMPLEX
BID: #8512 -32
DATE: 1 -3 -85 2:00 P.M.
�IT E.1-11
Q Ty
UNIT
DESCRIPTION
HOLMES CONCESSIONS
PAT BURNS
UrJIT PRICc
EXT. PR]CE
UNIT PRICE
w
EXT. PRICc
I UrJiT PRICE
EXT. PRICc
UNIT PRICcIEhT.
P�]CF
1
1
each
CONCESSION STANDS A7 BAYTOWN
3 500.00
NO RESPO
SE
I
I
I SPORTS COMPLEX per specs.
or 15% of
I
I
I !
I
ross
I
i
I
I
I
I
1
I
SPECIAL CONDITION:
The City w
11 receive
I
I
I
I
(
whichever
mount is
I
I
I
I
(
greater fo
the year.
I
I
l
i
I
I
I
I
I
I
I
I
I
I
I
I
I
I I
I
I(
I
I
I
I
-
I I
I
I
I I
I I
I
I
I
I
!
I I I
I
I I
I
18ids were mailed to 2 vendors.
(
I I
I
! I
I
I I I
I
i
I
I I
I
I
CE! I V H:1"Y
TOTAL
TERMS
! I I
! I
!
' ( {