1985 07 31 CC Minutes, Special50731 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 31, 1985
The City Council of the City
of Baytown, Texas, met
in special session on Wednesday,
July 31, 1985, at 5:00
p.m. in the Council Chamber of the
Baytown City Hall with
the following attendance:
Fred T. Philips
Councilman
Jimmy Johnson
Councilman
Perry M. Simmons
Councilman
Ron Embry
Councilman
Roy L. Fuller
Councilman
Gerald Dickens
Councilman
Emmett O. Hutto
Mayor
Fritz Lanham
City Manager
Larry Patterson
Asst. City Manager
Randy Strong
City Attorney
Eileen P. Hall
City Clerk
The meeting was called to order with�a quorum present,
and the following business was conducted:
Consider Proposed Ordinance, Authorizing an Agreement Between
the City of Baytown and Arnold Development Company
Councilman Philips stated that in order to allow discus-
sion of the item to proceed, he would move to adopt the
ordinance which would authorize an agreement between Arnold
Development Company and the City of Baytown; Councilman
Dickens seconded the motion.
Councilman Fuller stated that at this point he was un-
decided about the agreement, but basically he would be for
anything that would revive Texas Avenue. However, he would
like more information concerning the agreement.
Council had been presented with copies of letters from
Mayor Whitmire, along with several members of the Houston
City Council, expressing their optimism concerning the pro-
ject of Arnold Development Company in Houston, E1 Mercado
del Sol. The City of Houston agreed in 1984 to provide a
Community Development Block Grant loan to Arnold Development
Company to help finance the E1 Mercado del Sol, a redevelop-
ment project on Houston's east end. In late May, 1985, that
redevelopment project opened.
Councilman Dickens, in response to inquiry from Council-
man Fuller, read a list of activities of Arnold Development
Company as follows:
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Minutes of the Special Meeting - July 31, 1985
1. E1 Mercado del Sol, $20,000,000 project opened
May, 1985;
2. Multimillion dollar Courtyard Atrium, Austin, Texas,
opened October, 1984;
3. Currently beginning site work for multimillion
dollar Mobile, Alabama water front development in
conjunction with L &N Railroad Division of the
Chesse System;
4. Finishing negotiations currently with the City of
Mobile, Alabama for specific plans to develop
northern tier of town;
5. Multimillion dollar project with Marriott Corpor-
ation and the City of Fort Bend, Indiana for
restoration;
6. Multimillion dollar resort development project in
Fort Lauderdale, Florida;
7. Countryside Development, a redevelopment of the
Hempisfair property in San Antonio.
He also emphasized that with regard to financing the
project, the City of Baytown will incur no liability. There
will not be any tax dollars spent on Texas Avenue. The
money will be derived from federal grant money that is
targeted in low income areas. Council has an option of what
may be done with the money. It can be expended toward
roads, streets and sewers which will not put people to work
or enhance the economy, or the money can be expended toward
economic development. The City of Galveston is currently
using this program and is in the middle of a $1,000,000,000
building boom.
Mayor Hutto recognized Dr. Pat Mahan, Chairman of the
Downtown Action Committee, who expressed concern at the
manner in which the agreement came about and the haste in
which it had been presented to the general public. He felt
that there was no reason to move that quickly. Also, he was
very concerned at the manner in which the merchants and
owners of property along Texas Avenue would be treated with
regard to their property and whether they would be forced
to sell the property.
Mayor Hutto explained to those in attendance that in
a business situation such as this, negotiations cannot be
made openly. He had planned to meet with the Chamber of
Commerce, the Downtown Action Committee and the Community
Development Committee, but due to a leak concerning the
negotiations with Arnold Development Company, it became
necessary to make a public announcement to quell false
rumors.
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Minutes of the Special Meeting - July 31, 1985
He also emphasized that the developer had no reason to
come to Baytown until an agreement had been signed. Repre-
sentatives of the city approached Mr. Arnold concerning the
feasibility of a project in Baytown. He did not come to
representatives of the city. He stated further that no tax
money is to be expended and this is an opportunity to do
something constructive with Texas Avenue.
Councilman Philips pointed to the fact that in a
project of this scope, there is not always 100% agreement,
but certainly this developer has the expertise necessary to
perform this project and since the study is to be performed
in three parts, the City of Baytown may stop at any stage.
He mentioned that there are no guarantees, but he could
guarantee that he would do his best to protect the interest
of the people who own property along Texas Avenue.
Councilman Fuller emphasized that he had a real problem
with the manner in which the whole proposal was handled and
the fact that the various groups had no input into the
negotiations.
Mayor Hutto reiterated that the negotiations had to be
held in confidence and that when rumors developed it became
necessary to move rather quickly.
Councilman Embry expressed the feeling that the matter
could be tabled for a week or ten days in order to give
council the opportunity to make a more thorough review of
the proposed agreement.
Mayor Hutto inquired if there were persons present who
would like to make brief nonrepetitous comments concerning
the proposed agreement.
Dale Calcarone, owner of property on Texas Avenue,
stated that he had specifically asked if there were plans
for Texas Avenue and had been told that there was nothing
being planned during the time that these negotiations were
in process. Councilman Dickens clarified that the negoti-
ations did not begin until May and that Mr. Calcarone's last
appearance before council was before that time.
Elsa Blakely, owner of property along Texas Avenue,
expressed concern that the property owners may lose their
free choice and control of their property. Also, she took
exception that council could adequately protect their interest
when council did not know what that was.
Rocky Rodriguez, owner of property along Texas Avenue,
asked what was to become of the free enterprise system, and
Mayor Hutto responded that to him this was an example of the
free enterprise system and government working together.
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Minutes of the Special Meeting - July 31, 1985
Councilman Dickens explained further that $180,000 will
be allocated in installments of $60,000 each. The first
$60,000 will go toward a market study to determine if any
kind of development is economically feasible on Texas Avenue.
If that study produces negative results, council will expend
no further funds for Texas Avenue. If the city or the
developer cancels after the first installment, no money is
reimbursed the city; however, if the project reaches completion,
the first $60,000 is reimbursed. He went on to emphasize
that the main thrust of the agreement is to deal with a
blighted area and encourage employment. If this project is
successful, then other areas of the city can be considered.
The intent is for everyone along Texas Avenue to participa-
te, but the terms of participation will be settled between
the owners and Mr. Arnold.
The developer wants to perform a beginning to end study
to determine what has caused the deterioration on Texas
Avenue. when that is determined, council will then be able
to decide if they wish to pursue the remaining money in the
contract. Again, Councilman Dickens emphasized that the
developer did not come to representatives of the City of
Baytown asking for this project. Representatives of the
city went to him to ask for his assistance.
Rusty Slay, owner of property along Texas Avenue,
stated that he has put a large sum of money into his business
along Texas Avenue and he would hate to see the merchants in
that area treated unfairly. He feels that one can make
money on Texas Avenue, and the reason is that the property
on Texas Avenue is not as expensive to own as property in or
near the San Jacinto Mall.
Councilman Dickens explained that a list of incentives
is being prepared that will be made available to all the
downtown merchants and owners of property which will consist
from allowing free rent at some point to various other
possibilities. The developer will have to deal with the
individual owners /merchants.
Mr. Slay ended his statements by saying that if this
project comes to a realization and merchants have to relocate
then it could be that it would be very difficult for them to
be competitive in another area of the city.
Allen Cannon, former Mayor of Baytown, inquired where
will the funds for the project come from if the grant money
is not granted.
Councilman Dickens responded that if after the first
phase of the study is completed, funding is not forthcoming
from federal grant applications, the 1984 -85 revenue sharing
budget would be amended to appropriate $60,000 for the
initial payment to Arnold Development Company. Secondly,
federal grants would be applied for through such programs as
community development, economic development agency, urban
development action grants. Should grants from those sources
not be available in a timely manner, council would appropriate
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Minutes of the Special Meeting - July 31, 1985
1985 -86 revenue sharing funds for the remainder of the
contract requirements if revenue sharing is continued beyond
the present year. If grants from those sources are not
available, council would be faced with a decision as to
whether to terminate the study or appropriate funds from
other sources. Not one penny of the money will come from
community development, but he clarified that what he was
saying is that no money will come from community development
funds already in hand or already allocated under the HUD
program. However, Baytown as an entitlement city will have
the ability to apply directly to HUD for additional funding
and that would come in the form of an additional community
development block grant.
Mr. Cannon made the point that if the $60,000 is not
obtained through grants, then something could be displaced
down the line. Also, the $180,000 will represent about 3/4
of a cent on the tax roll.
Councilman Dickens, in response to inquiry from Mr.
Cannon, stated that the developer would pay the money back
to the city immediately upon receipt of his take out fi-
nancing from his private investor. Depending on the developer's
negotiations with his private investor, but probably the
time frame would be no more than 60 days after negotiation
has begun. Mr. Dickens also clarified that the $180,000 is
not "front end" money since the city is not allowed to lend
its credit, but a payment for a study. The city is paying
this man to come in to perform a complete study - architectual,
engineering and market study to determine if anything is
feasible in the Texas Avenue area. If the developer deter-
mines that something can be done with Texas Avenue, he will
turn the report over to the city, say he liked what he saw,
pay the city $180,000 and begin construction. At that
point, the developer would take on the entire responsibility
for the project. However, he definitely would at that point
be obligated to pay the city the $180,000.
Mayor Hutto clarified at this point in response to Mr.
Cannon that at no time did the entire council meet in one
place with the developer. The council met with the developer
in groups of two or three to discuss the various aspects of
a study on Texas Avenue.
In response to inquiry concerning the city's power of
condemnation, Councilman Dickens stated that the city has
the right at the present time to acquire property on Texas
Avenue through condemnation for park purposes or parking
lots. Council could elect to put a park in the middle of a
shopping area.
Mr. Cannon ended his comments by stating that he felt
that the Downtown Action Committee officers and Chamber
officers could have been trusted to be involved in the
negotiations.
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Minutes of the Special Meeting - July 31, 1985
Jean Shepherd, resident of Baytown, stated that some of
her questions had been answered when Mr. Dickens assured
everyone that no community development funds will be used in
this project.
Councilman Dickens clarified that the money managed by
the community development committee would not be utilized
which includes the upcoming allocation of $801,000, nor the
money that will be allocated to the program after that.
None of the monies used for community development projects
in the city will be utilized. Only money received through a
second grant will be utilized for Texas Avenue.
Ms. Shepherd expressed concern with the cost of the
study. She stated that she had spent many many months
researching Texas Avenue and what could be done for Texas
Avenue about five years ago. At that time, the most
economically feasible thing to do was industrial development
bonds. At that time, the city did not have that option.
She emphasized that she would like to see Texas Avenue
developed, but she is questioning the costs of the research
that will be done and inquired if the city should take bids.
The city attorney explained that on professional service
contracts, the city was not required to take bids.
Another area that Ms. Shepherd expressed concern with
was jobs for local people in that no local developer was
contacted.
Councilman Dickens responded that there is no local
developer who specializes in urban redevelopment. This man
has a proven track record in this area.
Councilman Philips stated that he was satisfied that
this is a prudent expenditure. The city has been involved
in talking with other cities about a city plan and those
plans are in the $200,000 league.
Ms. Shepherd stated that she would hope that council
had considered every angle and had called some of the main
street projects and might have even looked at Lake Charles.
Councilman Dickens stated that he, Councilman Johnson
* ** and Councilman Philips had attended a conference in Boston
on this concept and had gone through the Nathaniel Hall
Waterfront, and those guidelines have been followed to the
letter. Councilman Philips also attended another conference
in Pittsburgh, while Councilman Embry, Mayor Hutto and
Councilman Philips went through the same type program in
Galveston. This is not something that council has taken
lightly.
* ** For correction See Page 50813 -1
N
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Minutes of the Special Meeting - July 31, 1985
Bitsy Davis, resident of Baytown, stated that he could
see both sides of the issue, but he had been working for
many years to get a comprehensive plan for the city and had
at one time approached council with the concept of covering
Texas Avenue with a plastic sky light, close it to vehicular
traffic and provide air conditioning with parking on two
side streets. More recently, he had worked with the down-
town action group to the point that every building in the
downtown area has been measured and drawn. That work will
be turned over to Arnold Development or whoever needs it at
no cost. He ended his comments by stating that he had
determined that council will have to make something happen
on Texas Avenue, and he feels that it is council's respon-
sibility to make something happen there. He felt this is a
good step forward and there is great potential to the
property owners on Texas Avenue.
Councilman Philips commented that he felt that Arnold
Development may be the catalyst needed to bring the Texas
avenue project to a realization.
Mayor Hutto apologized to those that council did not
have the opportunity to include in the negotiations, but as
prudent business people he was certain that they realized
that to involve 10 -15 people in such negotiations would be
impossible to keep the negotiations confidential. The
intent was to include the Downtown Action Committee, the
Community Development Committee and the Chamber of Commerce,
but there was no opportunity to do that because the negotia-
tions were not kept confidential. He reiterated that the
council went to the developer, the developer did not approach
council.
R. W. Matherne, owner of property in the Texas Avenue
area, stated that his family has been doing business in the
proximity of Texas Avenue since 1931 and had continued in
recent years to make an investment in that area. As a
businessman and a life long Baytonian, he is interested in
seeing this area revitilized; however, he expressed concern
with the haste in which the matter has been conducted and
the apparent lack of knowledge on the part of some members
of council. He too felt that to postpone action a week to
ten days should not create a problem, and that even though
Mr. Arnold may be well qualified, he was certain that there
are others who are just as qualified. Therefore, he won-
dered why there was no consideration given to a second
party. He felt that in order for anything to work, it will
take a unified effort which is not evident.
Councilman Simmons pointed out that in the years of
decline on Texas Avenue no resources have been brought
forward, nor a plan for revitalization. The council is try-
ing to do something that will have a chance at success.
Council is sincere in this. No one on council has a finan-
cial gain, and to support this could mean risking one's
political future.
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Minutes of the Regular Meeting - July 31, 1985
Mr. Matherne pointed out that the success of the venture
depends on more than the competence of the developer. It
depends on public confidence. At this moment whether there
is any real cause for concern, the concern is there. If
this matter were deliberated a little more and if the public
understood more, the project would have a better chance.
Councilman Simmons stated that most of the criticism he
had heard was the council's attempt to fund the study. The
project is a long way from beginning construction, because
it may be determined that the project is not worth attempting.
Most of the conversation that he has had with people of the
city is that if a $20,000,000 bond issue for the development
of the Texas Avenue area was offered for vote, it would fail
miserably. All council is trying to accomplish is to study
the area and try to encourage this private investor to go in
there and do something constructive. The City of Baytown is
responsible to furnish fire and police protection to this
area with little tax revenue from the area. If that fallow
field could be turned into a productive area, this would be
beneficial to all Baytown citizens.
Mr. Matherne responded that he agreed with everything
that Councilman Simmons had said, but he still failed to see
that only one company in this area could perform this work.
Councilman Philips responded that this is not a unique
circumstance because council has sought out professional
services in other areas and in each case only those persons
who are experts in that given area are selected. This is no
different, Mr. Arnold is an expert at urban rehabilitation.
He has a proven record in this area of outstanding ability,
and in selecting Mr. Arnold, council has not performed any
differently than in the selection of other professionals.
Mayor Hutto stated that council has been honest, upright
and truthful in all its dealings and encourage the citizens
of Baytown and property owners along Texas Avenue to at
least give the idea a try. From what the developer has
outlined to council, the property owners will have several
options if the project comes to realization.
With council's permission, Mayor Hutto requested that
the motion be amended to include the following:
1. To amend the 1984 -85 revenue sharing budget to
appropriate $60,000 for the initial payment to
Arnold Development Company;
2. To seek federal grants through such programs as
community development, economic development
agency, and urban development action grants;
3. Should grants from the above mentioned sources not
be available in a timely manner, council could
appropriate 1985 -86 revenue sharing funds for the
remainder of the contract requirements if revenue
sharing is continued beyond the present year;
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Minutes of the Special Meeting - July 31, 1985
4. Should grants from the above mentioned sources
not be available and should revenue sharing not
be continued beyond the present fiscal year,
council would be faced with the decision of
whether to terminate the study or appropriate
funds from other sources to complete the study.
Councilman Philips indicated his desire to amend the
motion and Councilman Dickens seconded the amended motion.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons
and Dickens
Mayor Hutto
Nays: Council Embry
Abstained: Council Fuller abstained due to conflict of
interest, but stated that he is 100% in favor
of the success of the venture.
ORDINANCE NO. 4212
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH THE ARNOLD
DEVELOPMENT COMPANY FOR THE PREPARATION OF A MARKET
ANALYSIS AND DEVELOPMENT STUDY; AUTHORIZING PAYMENT BY
THE CITY OF SIXTY THOUSAND AND N01100 ($60,000.00)
DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing Change Order No. 1
to Contract with Williams Brothers on Tenth Street
Park /Detention Pond Excavation
Norman Dykes, City Enginer /Director of Public Works,
reported that the next step on the project is to construct
an earthern berm on the southeast side of the detention
pond. Part of the design of the pond is such that if it
should ever fill up, it would overflow back to Tenth Street.
The berm would prevent the water from overflowing. This
was not included in the original contract which was just
for the excavation. Also, it is necessary to have the top
soil spread. Williams Brothers has agreed to perform both
these tasks for the sum of $32,500. This is a good price.
He is able to do this because the equipment is on site at
this time. According to the engineer's estimates, the
original contract was for 140,000 cubic yards of excavation,
but it appears that only 130,000 cubic yards will be ex-
cavated which results in an underrun of about $8,500. The
change order would result in a net increase in the contract
of $24,000 bringing the contract from $119,000 to $143,000.
This would complete all the dirt work on this project.
The city engineer recommended approval of the change order.
Councilman Johnson moved to adopt the ordinance;
Councilman Embry seconded the motion. The vote follows:
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Minutes of the Regular Meeting - July 31, 1985
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Hutto
Nays: None
ORDINANCE NO. 4213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHOR-
IZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH WILLIAMS BROTHERS
CONSTRUCTION, INC. FOR THE STORM WATER DETENTION PONDS.
Consider Selection of Architects for Fire Department Buildings
In connection with land for fire stations, the city has
owned the property on Garth Road for several years. An
earnest money contract has been signed for the property on
Tenth Street. No earnest money contract has been signed
on the third parcel, but the administration is certain
that an agreement can be reached.
Councilman Philips moved that the Garth Road Station
be awarded to Lammers, the Fayle Street Station to Davis
and the fire administration /maintenance building to Burge.
All three of these projects will be in about the same
league cost wise. Councilman Dickens seconded the motion.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Hutto
Nays: None
Presentation of 1985 -86 Budget
Mr. Lanham informed council that the proposed 1985 -86
Budget had been left at each council place. The adminis-
tration would like to have recommended a budget that did not
include a proposed tax increase; however, that was not
possible. A $ .04 tax increase is being recommended and
a $1.00 increase in garbage charge. The summary page in-
dicates the total increase of all funds is $1,275,000 which
is 3.97% increase. Of that amount, $640,000 must be paid
to the Interest and Sinking Fund, to finance the $6,500,000
in bonds that were sold. Mr. Lanham asked council to con-
sider the debt that must be paid back while considering the
budget. This was one of the factors that dictated the
necessity to recommend the tax increase.
Council scheduled budget work session for Tuesday,
August 13 and Wednesday, August 14 at 7:00 a.m.
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk