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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 ! ' ( {