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1980 01 10 CC MinutesA 00110 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 10, 1980 The City Council of the City of Baytown, Texas, met in regular session on Thursday, January 10, 1980, at 5:00 p.m. in the Council Chamber of the Baytown City Hall with the following members in attendance: Fred. T. Philips Councilman Jimmy Johnson Councilman *Ted Kloesel Councilman Mary E. Wilbanks Councilwoman Eileen Caffey Councilwoman Allen Cannon Councilman Emmett 0. Hutto Mayor Fritz Lanham City Manager Dan Savage Assistant City Manager Scott Bounds City Attorney Eileen P. Hall City Clerk The meeting was called to order by Mayor Hutto and the invo- cation was offered by Councilwoman Eileen Caffey. Minutes Councilwoman Wilbanks moved for approval of the minutes of the regular meeting of December 13, 1979; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions None. City Manager's Report Police Computer - The police computer was delivered today. Central Sewer District - The Administration received notifi- cation today from the Environmental Protection Agency that the City of Baytown's application for a Step 1 grant, which is needed to begin studies that are necessary in the Central Sewer District, has been approved. The total project cost for Step 1 is $141,150 and the grant amount is $105,862. Houston - Galveston Area Council - At the last meeting, the City Council requested that the Administration follow up on the plans of Houston - Galveston Area Council to consider a possible drainage study of the drainage problems throughout this area. H- GAC considered two projects at its last meeting: 1) Planning for emergency preparedness throughout the thirteen county region, or 2) To consider a drainage and flood control study of the area. H -GAC has only $15,000 to expend and it was felt that the first priority should be emergency preparedness, which study has been authorized. An indication was made that H -GAC would be looking 00110 -2 Minutes of the Regular Meeting - January 10, 1980 further into creation of a voluntary forum of local government representatives to assist in coordinating drainage work among the jurisdictions in the thirteen county region. H -GAC felt that the immediate emphasis should be in helping local governments to prepare themselves to handle emergencies. Councilwoman Wilbanks commented that the reasoning for allo- cating the funds toward emergency preparedness is that there are numerous communities who do not have the civil defense organi- zation that the City of Baytown has structured which was felt to be more pressing. Also, the amount of money available was consi- dered. Councilwoman Wilbanks further commented that H -GAC in the next year needs to work to find funding to really get into drain- age planning in a big way. Councilman Philips requested that at the next meeting, the Administration provide in -depth information on the Step 1 grant for the Central Sewer District and how it will relate to the City's other work. Mr. Lanham explained that the Administration has planned to get together with the consulting engineers to prepare a schedule of activities that will be necessary for the East District Sewer Treatment Plant. The City presently has an application in for a Step 1 grant for the East District Sewer Treatment Plant. With a schedule of activities worked up, the Administration can give Council an idea as to when the grant might be approved and when this work could be completed. A schedule of activities will also be worked up for the Central Sewer District and also the West District. Wrecker Committee - The Wrecker Committee met after the last regular meeting and they determined that a fee of $47.50 would be appropriate for an airplane haul for abandoned vehicles. Public Works Department - The Administration was pleased to report that the Public Works Department was caught up on water and sewer taps on January 1. Drainage - City Crews - The City crews have completed exca- vation of inlet boxes in the Craigmont Addition and have done excavation of the inlet boxes in the Country Club area. Drainage - The contractor has constructed twenty inlet boxes in the Craigmont area; the project is 750 complete. Tops on the boxes are to be replaced very shortly. Allenbrook II - Plans are complete for a proposed concrete, open channel in the Allenbrook II area. Plans have been sub- mitted to Harris County Flood Control District for review and approval. Both of these are jobs that the City expects contrac- tors to perform. McKinney Ditch - The ditch on one side of McKinney Road has been cleaned from Bob Smith Road to Massey Tompkins; the work is approximately 50Q1, complete. Crosby -Cedar Bayou Road - Work at that location is approxi- mately 450 complete. Cobblestone Lane - Work at that location is approximately 98% complete. Wildwood Lane - Work at that location is approximately 500 complete. Parkridge Bend Drainage Project - The City has just begun work on the Parkridge Bend drainage project this week. Harris County Flood Control District - The Harris County Flood Control District's drainage work is steadily moving along. The Craigmont Ditch is clean from Goose Creek to Wade Road and work is now in progress between Wade Road and Decker Drive. Harris County Flood Control District crews have cleaned Goose Creek to a point about 4,500 feet north of the Lynchburg -Cedar Bayou Road. 00110 -3 Minutes of the Regular Meeting - January 10, 1980 *Councilman Kloesel present. The Harris County Flood Control District's contractor has poured a concrete channel lining in Goose Creek from the south boundary line of the Country Club Addition north to a point east of Inter - lachen. Councilman Philips requested that when this work gets well into progress, that the City send a photographer out there and get some 35mm photos of that completed work for the record and as an exhibit to Council of the progress. Sliplining - The sliplining work is approximately 777o com- plete. West Main Sewer Treatment Plant - All the repairs and modi- fications that the contractor is making on the West Main Sewer Treatment Plant should be completed next week. Special Meeting - It will be necessary for the City Council to hold a special meeting on Wednesday, January 16, 1980, to canvass the election returns. The Administration suggested that at that meeting, the City Council consider adopting an ordinance regarding rates for electrical service to be charged by Houston Lighting and Power. Council had no objections to holding the special meeting on Wednesday, January 16, 1980 at 5:00 p.m. Work Session - East District Trunk Sewer - Langford Engi- neering will have the plans for the East District Trunk Sewer Project completed prior to the next meeting. The Administration explained that it would be necessary to hold a work session before the next Council meeting in order to review the plans. Council scheduled the work session for Thursday, January 24, 1980 at 5:30 p.m. Questions and Comments Regarding the City Manager's Report Councilman Johnson explained that he had received a call from a lady on Superior Street who asked that something be done to that street because it is in bad condition. Councilman Johnson also commented that it was brought to his attention during the Christmas holidays that there are no ramps entering into the Civic Center. He felt that a ramp would be very useful for people entering the Civic Center in wheelchairs. Councilman Johnson commented that there is a lot of trash being dumped on the vacant lot next to the Lutheran Church on Tenth and Hunnicutt. Councilman Kloesel inquired if the City has received any action on the trash and debris that is being dumped off on the southside of Highway 146 near the bridge on the approach to the Baytown- LaPorte Tunnel. Mr. Lanham explained that the Adminis- tration has not been able to be in touch with the owner person- ally. Councilman Kloesel felt that this may pollute Black Duck Bay. Heinz Bloch Appeared Mr. Heinz Bloch of 4801 Summer Lane appeared to present some facts to Council which relate to an insurance claim arising from sewer blockage in the area of Whispering Pines. On October 29, 1979, Mr. Bloch noticed that their backyard had been flooded with sewage and also liquid had penetrated into flooring and /or car- peting in two bathrooms and one bedroom. The Blochs notified the city, and city crews arrived to unplug the sanitary sewer several hundred feet away from their house. The crew chief acknowledged that the stoppage had not been caused by the Blochs, and sugges- ted that the Blochs contact the city for insurance forms. Mr. Bloch commented that they had contacted the City and were told that the City's insurance would probably cover damage. The City 00110 -4 Minutes of the Regular Meeting - January 10, 1980 immediately mailed the Blochs the insurance forms. The Blochs simultaneously contacted their homeowner's insurance agent in an effort to determine the best procedure to follow to have the carpet cleaned. The insurance agent recommended that in the interest of saving money, the Blochs utilize the Houston -based Steam Cleaning Company (Steamex) because their costs were lower than that of a Baytown company. The Blochs contacted Steamex and they removed the carpeting for cleaning, deodorizing, etc. and the carpet was returned and installed several days later at a cost of $312.53. Mr. Bloch also recapped the contact that he had with the City offices in November and December, 1979. The next step was that the city's insurance company called the Blochs and declined payment because the policy covers only "negligence on the part of the City of Baytown," and said that the City had maintained sewers in a normal and expected fashion and therefore, negligence was not really involved. Mr. Bloch had contacted Scott Bounds, City Attorney, on that occasion and Mr. Bounds had explained that indeed, no negligence seemed to have been involved because the Whispering Pines Subdivision does not have a record of sewer problems. Mr. Bloch commented that he went in mid - December to the appropriate City office and obtained from Mr. Richard Hare and his staff a listing of twenty sewer problems in Whispering Pines alone. Mr. Bloch commented that he knows of two more events where there was a sewer blockage since mid- December. Mr. Bloch felt that sewer drainage problems are not "an act of God," especially when occuring during periods of normal weather. Mr. Bloch felt that his family, as homeowners, could not have taken any action, nor could have the occurence been prevented by his family, nor will they be able to prevent it in the future. He further commented that he felt it is not a question of negligence or no negligence, a question of fundamental fairness to a home- owner if he is experiencing damage because of something that is totally out of his control. The homeowner should not be left in a position where if this happens again tomorrow, he would have to notify his insurance company because he obviously cannot discuss this with the City or the City's insurance carrier. After a second occurrence, that insurance company will drop the policy. Mr. Bloch stated that he had acted in good faith by having the carpet cleaned rather than replaced. Mr. Bloch proposed that the City reimburse him for at least the $250 deductible amount. He also felt for repeat occurences of this type, he should be allowed to contact the City or the City's insurance company so that the entire bill is paid by the insurance company. Councilwoman Wilbanks inquired as to the type insurance carried by the City and the City's responsibilities with regard to that insurance coverage. Mr. Bounds explained that the City has a general insurance policy that would protect the City or would reimburse a claimant's damage when it is the fault of the City or when the City is legally responsible for the damages incurred. Councilwoman Wilbanks inquired what determines when the City is legally responsible. Mr. Bounds explained that that is deter- mined by the whole system of statutes, common law, and evaluation of each particular fact situation that arises -- looking at the facts, and determining on the basis of the law whether the City is responsible. Councilman Kloesel stated that he felt that the City has a responsibility to see that the main trunks are laid properly. In Mr. Bloch's statement, he is saying that he has no stoppage or blockage. Somewhere there is a problem. Councilman Kloesel said, "Let's assume that Mr. Bloch is right and he has a correct installation; therefore, it would appear that the City does not have a proper installation, either in size or in the way that the grade is set." Councilman Kloesel expressed the feeling that the City is shorthanded in the area of supervisor to making certain sewer lines are laid properly. If this is the case, he felt that the 00110 -5 Minutes of the Regular Meeting - January 10, 1980 City needs to correct its installation and felt that the City should reimburse Mr. Bloch with a reasonable amount. Mr. Bloch commented that this is precisely what he has been saying and he believed that it would not be a reasonable amount for the City to pay for new carpet. He further commented that he thinks when a homeowner, such in his case, shows an ethical approach to the situation by first cleaning up and living with the situation and when the citizens simply cannot control the situation, the only way to act equitably to the individual and to also gain the attention of the proper people in the end is by having a certain small amount reimbursed. In response to a question from Councilman Johnson, Mr. Lan- ham explained that sewer lines can be stopped up for many reasons. Roots from trees and shrubs can get into the lines and that would not be a case in which the City is negligent. Someone can put something into the sewer line and cause it to stop up which is a frequent cause of stoppages and this is also not the fault of the City. In areas where there are fault lines or quicksand, lines can shift, which would be a situation where it would not be the fault of the City. Mr. Lanham further commented that it appears there are numerous instances where a sewer line can be stopped up and not be the fault of the City. If a homeowner calls, and the City does not respond, then the City is negligent and at fault. The City did respond, in this case, in a timely manner. There are other instances -- potholes may develop in the street - -which are not reported that cause damage to a vehicle, and in those cases, the City is not held liable. Mr. Bloch responded that every citizen knows that they live in an area where potholes are a fact of life and there are ordi- nances in the City, which normally allow a motorist to drive only at a certain maximum speed. That is something where an indivi- dual can take evasive action and can be diligent about it. Councilman Philips commented that he was thinking in terms of this being a utility service and that he was thinking of instances when the telephone is cut off and the telephone company will give the customer a credit for interrupted service. If the lights are cut off, the power company will cover a freezer full of food that spoils because of it. For example, if the power company through a failure on its part cannot get the customer back in service, will Houston Lighting & Power pay for the loss of a freezer of food? Mr. Bounds commented that he is not quite sure what the specific policy of Houston Lighting & Power is, but felt that it is a general rule that if lightning strikes a trans- former and knocks electricity out of certain homes, the light company will not pay for any damage done as a result of that. The company had no way of controlling that particular situation. Mr. Bounds felt that although a customer credit will be given if the phone is out for a certain length of time, if the telephone goes out and because of that you do not receive a call from somebody that could let you enter into a profitable contract, the telephone company would not pay the customer the loss. Councilman Philips inquired if a person's house caught on ' fire after the person's telephone had been out of service for two days, the person had notified the telephone company but service had not been restored and as a result, the person could not notify the fire department, would the telephone company be held liable? Mr. Bounds felt that the mere fact that a person's tele- phone is not in operation would not create any liability. If the telephone company had not responded within a reasonable time after becoming aware of the problem, there might be some duty imposed. Councilman Kloesel commented that the City is having a very difficult time comparing because it is very difficult for a con- sumer of electricity to prove that they did not provide normal services unless they had the proper instruments placed on the equipment. Mr. Bounds commented that he can give the Council some 00110 -6 Minutes of the Regular Meeting - January 10, 1980 factors that one might want to consider in evaluating sewer claims and whether to pay them. The City has, in the past, paid in certain instances. For instance, the City is called to repair a sewer stop at a particular address, a crew is dispatched, that crew works on the problem, informs the resident that the repair has been effected. Two days later the same problem develops, the crew should have reasonably discovered what was wrong when first dispatched; therefore, there would be some fault. If the City is called out to repair a sewer stop and in the process of repairing that sewer stop, their vactor machine pushes sewage into another home, there is some active negligence on the City's part. When there is a sewer stop at a particular location where there is no prior history to indicate that location, and upon being notified the City immediately effects appropriate repairs, then the City is not responsible for any damages that were incurred as a result of that. Mr. Bounds felt that the City is not in a position to pay such a claim without there being some basis for legal lia- bility and this would be in effect giving away public property which the City is prohibited from doing by law. Mr. Bloch commented that he believes that the City is con- fusing a few things when the City Attorney says that there is not a history of problems when Whispering Pines has had twenty events in one year and several since the time that that list was compiled. Mr. Bounds commented that the City is aware of some problems in the Whispering Pines area and some of those problems have been corrected. Mr. Bounds further commented that he does not feel that Mr. Bloch can classify a subdivision as large as Whispering Pines and look at twenty problems over a year and determine that as a case history for the particular location of Mr. Bloch's house. Mr. Bloch pointed out that if the power company failed to clean the transformer oil in a periodic fashion and as a result of that negligence, there is a failure of that transformer, the the power company will be held responsible to pay for any spoiled freezer food. Mr. Bounds pointed out that it is not due to the absence of the power that the company would be liable, but it is the failure to periodically maintain the transformer in a normal manner. Mr. Bounds felt that Mr. Bloch could not establish, in this particular case, that the City failed to maintain that sewer line in a proper manner. Mr. Bloch responded that the fact of the twenty occurrences in one year and several more since Christ- mas on Summer Lane, is evidence that there is something fundamen- tally wrong. Mr. Bloch inquired if the mandate is to conserve the overall money of the City, to perhaps realize that the home- owner has sustained damage due to influences over which he has absolutely zero control. Councilman Kloesel stated that many people have a tremendous lack of confidence in government in this day and time. He felt that these matters are solved with legal opinions more than in the practical area. Councilman Kloesel asked to hear from the Public Works Department concerning what the problem is and is there a chance of this re- occurring? Councilman Philips stated that he did not mind pursuing this thing and it can be pursued down to the point where Council would make a decision, but he hoped that the Council is not going to be put in a position of making these decisions because he felt that these are decisions that the Administration ought to make. This is not a policy decision. Councilman Philips also commented that he is certainly willing to give Mr. Bloch the courtesy of a hearing, but hates to see Council sit at the table to the point of making a decision for the Administration. Councilman Kloesel disagreed. He felt that this is a policy matter. Mr. Bounds explained that he wanted to clarify one thing. City Council has obtained the Comprehensive General Liability Insurance Policy to decide exactly the matter that Council is trying to decide tonight - -that being whether there is any legal 00110 -7 Minutes of the Regular Meeting - January 10, 1980 responsibility on the part of the City to pay a particular claim, and if so, pay it. Mr. Bounds commented that matter was turned over to the City's insurance company in the most effective way that it could be by the Administration. He felt that Mr. Bloch would have to agree that he was referred correctly to the people who handle these claims for the City in the most expedient manner possible. The City's insurance company has denied claim. They have already investigated this matter and found that there has been no legal responsibility to the City in this particular case. Mr. Bounds felt that Mr. Bloch's alternative, at this point, is that the insurance company had said that as the agent for the City in this particular matter, the City is not at fault. If the City is at fault, Mr. Bloch can take the City to court where the insurance company will represent the City and pay any damages that result. Councilman Philips commented that Mr. Bounds, as the City Attorney, has given an opinion to Council which the City Manager could be guided by to determine whether it is an appropriate decision on his part, as the City Manager, to make payment. Mr. Bounds explained that the Administration did evaluate the claim and on the basis of its evaluation, the City cannot find that the insurance company acted improperly in this parti- cular case. Councilman Philips commented that he felt that the City Council should look to Mr. Lanham to make a decision. He felt that the size of this problem would be considered an administra- tive problem. Mr. Bloch commented that he would like to point out that it is an administrative problem because he can only see lawyers for both sides to benefit from this relatively petty thing going to court. Mayor Hutto suggested that the Council let the Administra- tion in conjunction with their staff and the engineering depart- ment get information that would help Mr. Lanham in trying to make a decision, and let Mr. Lanham handle the situation. Council concurred. Consider Drainage Plans for Allenbrook III Councilman Allen Cannon requested that the Administration develop a drainage plan to relieve flooding in the Allenbrook III Subdivision. The Administration had a plan that they presented to the Council and requested Council's approval to proceed with this work. This involves the addition of storm sewer between Allenbrook III and the street. The Administration is continuing to work with the property owners surrounding this area on the possibility of a shallow ditch. The Administration felt that this step is one that the City can take without having to get any type property owner approval and the Administration felt that this will probably solve the problem. Norman Dykes, City Engineer /Director of Public Works, presented plans to install additional pipe in the existing ease- ment within Allenbrook Subdivision which will provide an outfall into the east fork of Goose Creek Stream. At the present time, there is only one pipe going out to Goose Creek Stream and the water got very deep at that intersection. The City plans to use that existing ten foot easement along the property line between those two lots and simply install two more pipes. The additional pipes can be installed at a higher elevation and also on both sides of the existing pipe. The property owner at that location did not want an open ditch so the Administration felt that this is probably the best solution. The additional pipes will give three times the outlet of the existing pipe. The drainage should also be better because the pipes will be installed at a higher elevation. The outlet at that location is raised about 1z feet higher from the old pipe. Mr. Dykes felt that the additional pipes should certainly relieve the intensity of the flooding in this intersection. There may still be a little street flooding 00110 -8 Minutes of the Regular Meeting - January 10, 1980 at that location if another 100 -year rain occurs Creek Stream is then bank full. Mayor Hutto inquired if Mr. Dykes felt that viate the problem. Mr. Dykes felt that it would problem to a great extent. The inlets will also tops will be placed on the inlets. The tops are and water will be able to come through the tops boxes. because Goose this will alle- alleviate the be increased and a graded type into the inlet Councilman Kloesel inquired what is the recommendation on the construction, will it be done by city forces or by a contrac- tor? Mr. Dykes felt that this work can be done by city forces with a cost for materials to be approximately $5,000. This work will have to be worked into the other projects. It probably would be three to five weeks before the City could start the work. If the work is contracted out, the cost will be approxi- mately $10,000. Councilman Philips commented that he does not want this particular project to divert the crews from other high priority flood areas. He inquired if this is going to interfere with the priorities that have been established. Councilman Cannon inquired if the Council overlooked a priority item here and that he understands there are many other problem areas but this is also a problem area. Mr. Dykes explained that this project will delay one of the crews for approximately two weeks. Mr. Dykes felt that two weeks without one crew will not hurt the other projects. Councilman Cannon commented this is really a low area for that subdivision and felt that the City is getting to the heart of the problem in Allenbrook III. He felt that all of the water funnels into that area. Councilman Kloesel stated that he wanted the City to install this project but does not want to interfere with priorities that have been set. He also inquired as to how long would it take to go the contract route. Mr. Dykes explained that it would take approximately two to three weeks before bids could be taken and then it might take a few weeks before the contractor can get to the project. Councilman Cannon moved to approve the project and let the Administration decide how to best perform the work; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Councilman Cannon expressed his opinion that the City is having to spend $5,000 or $10,000 that was really the responsi- bility of a developer in the first place. He felt that the City is just not requiring what should be required. Councilman Kloesel felt that the Council needs to sit down and determine what the real problem is. He felt that the real problem is the staffing in engineering and public works and felt that these departments need to be expanded. Ordinance - Amending the Aircraft and Airport Code to Allow Helicopters to Land at Locations Other Than Established Airfields At the last meeting, Council instructed the Administration to place this item on the agenda. At the present time, the Air- craft and Airport Code of the Code of Ordinances restricts the operation of aircraft within the city limits to designated landing fields. Helicopters are regulated by this requirement as 00110 -9 Minutes of the Regular Meeting - January 10, 1980 well as all other types of aircraft. If the proposed ordinance is adopted, helicopters will be able to land and take off within the city limits in accordance with Federal Aviation Administra- tion requirements. Councilman Johnson commented that he was against amending the ordinance the last time it was discussed, but since then he had changed his opinion. He felt that the pilots will fly with diligence. Councilman Johnson moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. Councilman Kloesel explained that he will vote against this because there is an increased use of helicopters and felt that the City should maintain some control despite the fact that the federal government is involved. He felt that the federal govern- ment does not have the personnel to monitor helicopters closely. The landing site is purely to the discretion of the pilots in- volved and Councilman Kloesel felt that some pilots use excellent discretion while others may not. There is an increased number of small crafts having collisions and Councilman Kloesel felt that the City needs some control. He further commented that he is opposed to letting the pilot determine that he can land on a Sears parking lot where there may be a large crowd. It is going to be rare, but the City can certainly have a problem. Councilman Cannon commented that if someone comes to the City to request permission, the Council would probably grant permission. For example, if Santa Claus arrived on a helicopter, there will be a crowd. Councilman Kloesel maintained that if the City maintains some control, the pilots would be a little more cautious. He further commented that he does not want to stop landing but would like to have some administrative control. Requests for permis- sion would not necessarily have to come before Council each and every time. Emergency and police helicopters should have freedom of action. Mayor Hutto commented that the Federal Aviation Administra- tion has a staff with the expertise and they have the authority to show cause why that pilot's license could not be used. The City of Baytown does not have that expertise. Councilman Cannon commented that he does not necessarily care about releasing the whole thing but a minimum would be to give the Administration the power to approve or disapprove. Councilman Cannon inquired if this would pose a problem for the Administration? Mr. Lanham explained that helicopters are be- coming very common in the construction industry and if a contrac- tor wanted to land at a construction site Saturday or Sunday, this would present a problem. There also would be times when the City Manager may not be available when permission would be needed. Councilman Cannon inquired if the change in the ordinance would pose any problem, could this be brought back to Council. Mr. Lanham explained that it can be brought back to Council with- out any problem. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel ORDINANCE NO. 2802 AN ORDINANCE AMENDING CHAPTER 3, "AIRCRAFT AND AIRPORTS," OF THE CODE OF ORDINANCES TO ALLOW USE OF HELICOPTERS AT PLACES WITHIN THE CITY OF BAYTOWN OTHER THAN ESTABLISHED LANDING FIELDS OR AIRPORTS. 00110 -10 Minutes of the Regular Meeting - January 10, 1980 Ordinance - Awarding Bid for Demolition of Certain Structures Four bids were received for the demolition of various struc- tures throughout the City of Baytown. The bid of Martin & Sons is the low bid for the property at 1100 Carver Street. City Charter requires the City Council to approve contracts greater than $2,000 in value. The Administration recommended approval of the ordinance awarding the bid for demolition of two structures at 1100 Carver Street to Martin & Sons in the amount of $2,490. Councilman Philips moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon , Mayor Hutto Nays: None ORDINANCE NO. 2803 AN ORDINANCE ACCEPTING THE BID OF MARTIN & SONS FOR THE DEMOLI- TION OF THE STRUCTURES AT 1100 CARVER STREET; AUTHORIZING EXECU- TION OF A CONTRACT FOR TWO THOUSAND FOUR HUNDRED NINETY AND NO/ 100 ($2,490.00) DOLLARS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. The bid tabulation is attached to the Minutes as Attachment "A • 11 Ordinance - Authorizing the City Manager to Execute a Contract with First Presbyterian Church for Operation of Senior Citizens Nutrition Program At the last Council meeting, the Council approved the exe- cution of a contract between the City of Baytown and the First Presbyterian Church for the operation of the senior citizens' nutrition program for the 1980 calendar year. The contract sub- mitted to City Council for approval was not the appropriate con- tract; it was based on the operation of a van for the nutrition program. The proposed ordinance authorizes the City Manager to execute a contract with First Presbyterian Church for the opera- tion of the senior citizens' nutrition program for the 1980 cal- endar year, and authorizes the City to pay $4,000 for this part of the nutrition program. The Administration recommended ap- proval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2804 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH FIRST PRESBYTERIAN CHURCH OF GOOSE CREEK TO FUND THE OPERATION OF THE BAYTOWN NU- TRITION CENTER; AUTHORIZING PAYMENT BY THE CITY OF FOUR THOUSAND AND N01100 ($4,000.00) DOLLARS WITH REGARD TO SUCH AGREEMENT; REPEALING ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Establishing "Stop" and "Yield" Intersections on Houston Street The Traffic Commission recommended approval of an ordinance which would stop traffic on Houston Street at Hines Avenue and will remove the "Stop" requirement on Houston at East Francis, East Homan at Houston, Houston at Alva, and establish "Yield" 00110 -11 Minutes of the Regular Meeting - January 10, 1980 signs on East Francis at Houston, East Homan at Houston, Alva at Houston, Hafer at Houston and Dyer at Houston. The Administra- tion recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Coun- cilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE POSTING OF STOP AND YIELD SIGNS AT VARIOUS IN- TERSECTIONS OF HOUSTON STREET; REPEALING CONFLICTING ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLI- CATION AND EFFECTIVE DATE HEREOF. Ordinance - Establishing "Yield" Intersections on North Seventh Street The Traffic Commission also recommended approval of an ordi- nance which would establish "Yield" signs at the following loca- tions: Ruth at North Seventh, Alford at North Seventh, Aron at North Seventh, East Hunnicutt at North Seventh, and East Adoue at North Seventh. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2806 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE POSTING OF YIELD SIGNS AT VARIOUS INTERSECTIONS OF NORTH SEVENTH STREET; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Resolution No. 715 - Authorizing Application for Funds to Continue Harris County Organized Crime Control Unit The proposed resolution would authorize the City to make application for Texas Criminal Justice Council funds for the con- tinued operation of the Harris County Organized Crime Control Unit. The resolution asks for funds in the amount of $155,886 to continue the operation of the organized crime control unit from February 1, 1981 through January 31, 1982. Eight different law enforcement agencies in Harris County participate in the opera- tion of this unit. The City of Baytown is the administrative sponsor of the unit and is responsible for submitting the grant application. Lt. Bob Merchant is the project director. Officer Mike Liles serves as an investigator for the organized crime control unit. Fifteen law enforcement officers and three civilian - support employees work in the unit. The unit is designed to help law enforcement agencies tackle problems involving organized crime which cross jurisdictional boundaries. The Administration recommended approval of the resolution. In response to a question from Councilman Kloesel, Mr. Lan- ham explained that Police Chief Turner assigns the project mana- ger to the Harris County Organized Crime Control Unit. Mr. Lan- ham explained that it is a very productive program. 00110 -12 Minutes of the Regular Meeting - January 10, 1980 Councilwoman Wilbanks moved for adoption of the resolution; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 715 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR THE CONTINUED OPERATION OF THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilman Johnson inquired as to the problem the City is having regarding the housing of county prisoners. Chief Turner explained that the Police Department is attempting to ger vari- ances so that no jail remodeling will be required. Chief Turner explained that the Police Department can afford a few minor changes but not the extensive changes being imposed. Councilman Cannon commented that if the City comes back and has to expend additional funds to put the jail into compliance, he would like someone to explain why a facility no older than that facility needs to be altered. Mr. Lanham explained that the new police building was built before these particular standards were passed, and also these standards apply to a county lock -up. They would not apply if the City were not keeping county prisoners. Chief Turner explained that the City has jail cells that are 54 square feet and the new standards state that the jail cells need to be 58 square feet. This is one of many things that the City is requesting variances on. Resolution No. 716 - Authorizing the City tdanager to Execute an Interlocal Agreement with H -GAC for Section 112 Transportation Planning Grant Funds The proposed resolution authorizes the City to review its inter - governmental agreement with the Houston - Galveston Area Council for Section 112 Transportation Planning Funds. The City formally entered into an agreement with H -GAC in September of 1975. This agreement has been renewed ever since. Under the terms of this agreement, the City is paid to develop data and provide input into regional long -range transportation planning programs. The period from January 1, 1980 through August 31, 1980, the City will receive $22,700 for this work. No City match is required. The Administration recommended approval of the resolution. In response to a question from Councilman Kloesel, fir. Lanham explained that the end result would be an areawide highway planning that is being done and any highway project must be part of that plan in order for the Highway Department to do it. Mr. Lanham felt that it is important for the City to have input. Either the City provides the input through contract or the high- way department will develop the data themselves. Councilwoman Wilbanks stated that the City has received a great deal of value in this regard, and moved for adoption of the resolution; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 716 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN BY WHICH THE CITY COUNCIL CONCURS WITH THE PROPOSED WORK ELEMENTS ESTAB- LISHED BY THE HOUSTON - GALVESTON AREA COUNCIL'S UNIFIED WORK PROGRAM AND AUTHORIZING THE ADMINISTRATION TO RENEW AN INTER- 00110 -13 Minutes of the Regular Meeting - January 10, 1980 GOVERNMENTAL AGREEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL FOR FUNDING. Resolution No. 717 - Concerning the Appointment of the Board of Directors of the Appraisal District of Harris County, Texas Mr. Bounds explained that, as reported to Council at the last meeting, the City of Houston has filed suit against all of the municipalities in Harris County together with all the school districts, to nullify the creation of the nine - member Board of Directors of the Appraisal District of Harris County. In August of 1979, the City Council adopted a resolution which extended the board membership to nine and made the voting entitlement based on population rather than taxes levied. The effective date of the Property Tax Act, under which the City took that action, was September 1, 1979. The City of Houston is now arguing that the previous action of Council is invalid because it was taken prior to the effective date of the Property Tax Act. Mr. Bounds ex- plained that what the Administration is doing is presenting the Council the same resolution and asked that the Council re -adopt the resolution and reaffirm the action that was taken back in August so that the City of Baytown would have taken the valid action ratifying the expansion of the board to nine members and making the voting entitlement based upon population. Councilwoman Wilbanks moved for adoption of the resolution; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 717 RESOLUTION CONCERNING THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE APPRAISAL DISTRICT OF HARRIS COUNTY, TEXAS. Consider Authorizing the Administration to Lease Office Space for the Community Development Program and Staff The Community Development Board approved a recommendation which would authorize the leasing of office space for the Com- munity Development Staff to include the director, secretary, and draftsperson. At the present time, there is one person on the Community Development staff who is officing in the Planning and Traffic Department which is quite crowded. Attempts have been made to find suitable building space within the Community Devel- opment target areas. These efforts have failed. The staff proposes to lease on an annual basis 580 square feet of office space in the building at 1722 Market Street. The proposed rental fee for this facility is $.58 per square foot per month plus a portion of the utility bills based on square footage and the rent will be paid from the grant. The space will house three employees and provide a small conference room. The Community Development staff must have meetings with the citizens from the target areas. Councilman Kloesel commented that he had very happily sup- ported the Community Development Program originally, but the projects that came out of past programs were not what he thought they would be. He further commented that it is hard for him to see a staff of three. Councilman Philips commented that what disappoints him is that there will be a large staff with a conference room in a six hundred square feet area which he felt was not in keeping with the concept. He suggested that the City of Baytown rent a por- table building and set the staff up in that. Councilwoman Wilbanks commented that she felt there is space available in Baytown that the City could use. 00110 -14 Minutes of the Regular Meeting - January 10, 1980 Councilman Philips stated that he hates to see the City establish a lot of satellite operations because the Administra- tion cannot control or supervise them. Mr. Lanham explained that the City of Baytown cannot buy a building from the Community Development funds but a building could be leased. Councilman Johnson moved for the approval of the proposal to authorize the Administration to lease office space for the Community Development staff. The motion died for lack of a second. Councilwoman Wilbanks stated that in trying to get near the target areas, she can see why the Administration would consider another location. However, if the City Council prefers to keep the staff here in the City complex, is there room in the City Hall or the Civic Center to house a director and his secretary. Mr. Lanham explained there was not any room in City Hall Building and that he would not recommend the use of the Community Building for office space because that would be taking away space that was intended for citizens to use for meetings. He also recommended against putting temporary buildings in this complex. Councilman Kloesel inquired about the radio building on Minnesota Street. Mr. Lanham explained that the condition of the building was not appropriate for the radio shop and felt that it would not be appropriate to house a staff. Councilman Cannon inquired about leasing a portable building and move it into the target area. Mr. Lanham explained that the Administration can try to get some cost information on this but the City will have to have some land to place the building on and also the building would need sewer hook -ups. Council asked that the Administration come up with another plan for housing the Community Development staff and come back to Council at a later time. Consider Appropriating Funds to Construct a Walkway at the West Main Street Bridge At the last meeting, Councilman Kloesel requested that an item be placed on the agenda to consider appropriating funds to construct a walkway at the West Main Street Bridge. Mr. Lanham explained that at the last meeting, he was in error in telling the Council that the City's surplus, as shown in the red book that Council was given, was between $100,000 - $200,000 more than what the Administration anticipated in the budget. It is only about $8,000 more. This is an unaudited figure. Council will be receiving an audit report within the next few weeks and Council would then receive the exact figures. The report that was given Council earlier showed a carry -over from the previous year of $753,293. In the budget that Council adopted in September, the Administration anticipated a carry -over of $745,683. That was approximately $8,000 difference. Mr. Lanham hoped that the auditor's report will reflect more. In response to a question from Council, Pat Tobin, Director of Finance, explained that is it the auditor's intent that the report will be ready for presentation to the Council by the first meeting in February. Councilman Kloesel stated that because the auditor's report was not ready, he would like to have this item placed on the agenda when the audit report is due. Consider Occurrence Deductible on Insurance for City -owned Property The Administration asked that the Insurance Committee give cost estimates of various deductibles for the City's fire insur- ance on City buildings. This past year, the City has had insured values of $10,949,640 with an annualized premium cost of $40,726 which was based on a $1,000 deductible. The Insurance Committee has done a lot of work, checking the buildings, and has received 00110 -15 Minutes of the Regular Meeting - January 10, 1980 information from the Administration. The Insurance Committee felt that the City's insured value should be increased to $11,642,350. If the City continues the $1,000 deductible fea- ture, the premium cost would be $51,018. The Administration felt that the City can begin to self insure somewhat, and with the increase that the City would be faced with in the premium cost, the Administration recommended that the deductible be changed to $25,000 which would mean a premium cost of $43,481. The City has a contingency in the budget of approximately $260,000- -the City can handle a $25,000 loss. This is a recommendation of the Insurance Committee and the Administration concurred with that recommendation. Councilman Cannon moved to accept the recommendation of the Insurance Committee and the Administration; Councilman Kloesel seconded the motion. Councilman Cannon inquired as to losses that the City ex- perienced within the last year in claims. Mr. William E. Brown, representative of the Insurance Committee, explained that the City had not had any losses last year but within the last three years, the City had one $3,000 loss. In response to a question from Council, Mr. Brown explained that the Insurance Committee had also broadened some of the coverage on the City's larger and more expensive buildings. They also reduced some of the evaluation on some of the older build- ings. For a positive example, if Baytown experiences a major hurricane, it is going to damage a number of City buildings, but the City will only have to pay that one $25,000 occurrence de- ductible. For a negative example, if the City experienced a fire in this building tomorrow, say of $8,000, less than the $25,000, the City will have to absorb it. The City's past experience has not been of that nature. Most of the large businesses are on some type of large self- insured basis. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss personnel matters and land acquisition. When the open meeting reconvened, the following business was transacted: *Councilwoman Wilbanks absent. Consider Appointments of Municipal Court Judge and Alternate Councilman Philips moved for the reappointment of Raymond Donnelly as Municipal Court Judge and Roy Fuller as his alternate for two -year terms. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Caffey and Cannon Mayor Hutto Nays: None Consider Appointments to Community Development Board Council was not ready to make these appointments. Consider Appointment of Audit Committee Mayor Hutto appointed Council members Cannon and Johnson to serve on the Audit Committee and asked that Councilman Johnson serve as chairman. Councilman Kloesel stated that a few months ago, Council 00110 -16 Minutes of the Regular Meeting - January 10, 1980 passed a policy that would stop Council members from serving on a committee. Councilman Cannon stated that he believed the past action that Council took related to standing committees and all that the Audit Committee does is to recommend a firm to make the Audit. Consider Appointment to Clean City Commission Councilwoman Caffey moved for the appointment of Mrs. Jo Roosa to the Clean City Commission to fill the vacancy that was left by the resignation of Mrs. Diana Pardue; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Caffey and Cannon Mayor Hutto Nays: None Adjourn With no further business to be transacted, Mayor Hutto adjourned the meeting. Karen Petru, Deputy City Clerk ATTEST: Eileen P. Hall, City Clerk w t� t \' >c�r m f m avuu,c a N �O p r N r ►r r r —t O G N O O N M n M w° Apr ° •O E r� M O n M 1+ 00 r H 6 00 4 m ID N N W ~ L, m R rt rt m CA r+ rt La n m rr r, rt 0 N r► A I~9 1n+ M fnD rt z pW�tt H r ft R m rr? AA W N V A W j 7d � �e �e � � w � r r w w w • w w a wo p o r? O� A _ t1 rt $A. 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