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HomeMy WebLinkAboutMIN NOV 18 1997 M I N U T E S CITY OF BEAUMONT Lulu L.smith DAVID W. MOORE, MAYOR Becky Ames,Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis NOVEMBER 18,1997 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on November 18, 1997, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING *Invocation Pledge of Allegiance Roll Call *Presentations and Recognition *Public Comment: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:34 p.m. The Reverend Curtis Coombs, Cornerstone Church of the Nazarene, gave the invocation. City Attorney Lane Nichols led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson (arrived at 1:37 p.m.), Cokinos, Davis, and Patterson (arrived at 1:36 p.m.). Also present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Presentations and Recognition Four proclamations were issued: "Rainbow Room Week," November 16-22, 1997; "American Cancer Society's Great American Smokeout," November 20, 1997; "National Family Week," November 22-29, 1997; and a proclamation of special recognition to Enos Williams, a West Brook High School student, who placed second on the "Jeopardy" game show, won $20,800 by displaying his remarkable level of skill and knowledge. *Public Comment: Citizens were invited to comment on the Consent Agenda and Main Agenda Items 1-9. No one wished to address these subjects. CONSENT AGENDA The following consent agenda items were considered: * Approval of the minutes of the regular meeting held November 4, 1997; Confirmation of committee appointments - No appointments made A) Approve contracts for the purchase of supplies and materials 1) Approve annual contracts for the purchase of traffic marking materials for use in the Transportation Division/Public Works (Vulcan Signs, $23.422.25 and 3M Corporation, $16,304.50) - Resolution No. 97-283 2) Approve an annual contract for the purchase of emergency medical supplies for use in the Emergency Medical Services Division/Public Health (Ambu, Inc. estimated expenditure of$24,579) - Resolution No. 97-284 B) Approve a lease-agreement for additional office space for the Police Department (Jefferson County Narcotics Task Force, five years at $3,800 per month) - Resolution No. 97-285 C) Approve the settlement of a lawsuit (Cordell Harris v. City of Beaumont, $10,000) - Resolution No. 97-286 D) Approve change orders and final payments relating to various contracts 1)Approve final payment to Iseler Demolition, Inc. For the demolition of two elevated water storage tanks ($32,300) - Resolution No. 97-287 2)Approve Change Order No. 1 to the contract for Miscellaneous Paving Projects (Salenga Construction, Inc., $17,692) - Resolution No. 97-288 E) Approve a License to Encroach Agreement (Cardinal Glass, Inc., 15 North 11th Street, $500) - Resolution No. 97-289 F) Endorse a resolution urging the Texas Natural Resource Conservation Commission (TNRCC)to provide the necessary support for the demonstration of overwhelming transport of ozone - Resolution No. 97-290 G) Authorize the acquisition of property for the Meentzen Drainage Project(Parcel 3: 0.27 acre, 30' by 387.9', north half of dedicated street r.o.w. adjacent to Lot 136, Meentzen Brothers Subdivision, $2,025, Donald L. And Derold L. Shackelford) - Resolution No. 97-291 Counciimember Davis moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Minutes;11/18/97;Page 2 GENERAL BUSINESS 1. Consider a request to abandon the 20' alley in Block 11, McFaddin Second Addition Councilmember Smith moved to deny an ordinance ENTITLED AN ORDINANCE ABANDONING THE 20'WIDE ALLEY IN BLOCK 11,MCFADDIN SECOND ADDITION IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 2. Consider approving a contract and a Change Order relating to the 1997 Street Rehabilitation Program Councilmember Cokinos moved to adopt Resolution No. 97-292 authorizing a contract for the 1997 Street Rehabilitation Program with Bo-Mac Contractors, Inc. in the amount of $1,536,706.38. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Councilmember Cokinos moved to adopt Resolution No. 97-293 authorizing Change Order No. 1 in the amount of $400,709.42 to the contract with Bo-Mac Contractors, Inc. for the 1997 Street Rehabilitation Program, reducing the total contract amount to $1,135,996.96. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider approving a contract for a primary book vendor for the Beaumont Public Library System. Mayor Pro Tem Ames moved to approve Resolution No. 97-294 authorizing an annual contract for purchase of books for all libraries (Baker & Taylor, Inc. , estimated annual expenditure of$300,000). Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Minutes;11 /18197;Page 3 Councilmember Cokinos moved to approve Resolution No. 97-295 authorizing an amendment'to the contract with Black &Veatch to allow for additional work in the amount of $120,000. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. Consider approving a contract for the design of a new Alice Keith Park pool facility Councilmember Patterson moved to approve Resolution No. 97-295 authorizing a contract with Architectural Alliance, Inc. to design a new pool for payment of 7% of the estimated construction cost of$1,100,000. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 6. Consider approving the purchase of three trucks for use in the Sewer Maintenance DivisionANater Utilities Councilmember Smith moved to approve Resolution No. 97-296 authorizing purchase of three 1998 GMC trucks equipped with a 500 gallon water tank and jet rodder system from Underground, Inc. at$53,999 each for a total of$161,997. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 7. Consider a resolution relating to the issuance of bonds or other tax exempt obligations to finance street and drainage improvements, equipment purchases, and other capital improvements Mayor Pro Tem Ames moved to approve Resolution No. 97-297 authorizing a statement of intent to sell bonds in the spring of 1998. Councilmember Davis seconded the motion. MOTION PASSED. Minutes;11 /18/97;Page 4 Councilmember Patterson moved to approve Resolution No. 97-295 authorizing a contract with Architectural Alliance, Inc. to design a new pool for payment of 7% of the estimated construction cost of$1,100,000. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 6. Consider approving the purchase of three trucks for use in the Sewer Maintenance Division/Water Utilities Councilmember Smith moved to approve Resolution No. 97-296 authorizing purchase of three 1998 GMC trucks equipped with a 500 gallon water tank and jet rodder system from Underground, Inc. at$53,999 each for a total of$161,997. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 7. Consider a resolution relating to the issuance of bonds or other tax exempt obligations to finance street and drainage improvements, equipment purchases, and other capital improvements Mayor Pro Tem Ames moved to approve Resolution No. 97-297 authorizing a statement of intent to sell bonds in the spring of 1998. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 8. Consider approving a contract with Partnership of Southeast Texas for economic development services Councilmember Cokinos moved to approve Resolution No. 97-298 authorizing a contract with POST for economic development with funding in the amount of $25,000 for fiscal year 1998, effective October 1, 1997, with continuance of the mayor's appointment to its advisory committee. Councilmember Davis seconded the motion. MOTION PASSED. Minutes;11/18/97;Page 4 7. Consider a resolution relating to the issuance of bonds or other tax exempt obligations to finance street and drainage improvements, equipment purchases, and other capital improvements Mayor Pro Tem Ames moved to approve Resolution No. 97-297 authorizing a statement of intent to sell bonds in the spring of 1998. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 8. Consider approving a contract with Partnership of Southeast Texas for economic development services Councilmember Cokinos moved to approve Resolution No. 97-298 authorizing a contract with POST for economic development with funding in the amount of$25,00 for fiscal year 1998, effective October 1, 1997, with continuance of the mayor's appointment to its advisory committee. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 9. Consider accepting the Grand Recap of the tax roll for the tax year 1997 Councilmember Cokinos moved to approve Resolution No. 97-299 accepting the tax roll after application of the$0.625 tax rate with a total tax levy of$21,519,656. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 10. Consider approving a grant application to the Federal Transit Administration (FTA) for operating and capital assistance for the Beaumont Municipal Transit System Minutes;11/18/97;Page 5 A public hearing was opened at 2:33 p.m. regarding submission of a grant application in the amount of $300,000 to the Federal Transit Administration for operating and capital assistance for the Beaumont Municipal Transit System in FY 1998 . Mr. Lynn DeMary, 430 East Elgie, spoke in support of the grant application and requested that Council research additional costs that would be incurred by extending public transportation services to the north end of Beaumont, Tram Road and the Tyrrell Park area. There being no one else desiring to speak, Mayor Moore closed the public hearing at 2:35 p.M. Council discussion included the possibility of additional bus service on Major Drive, smaller buses for shorter routes, renovation of the transfer station, use of removed covered benches at other locations, extension of service from Pine Street and other areas to shopping malls during the holiday season, extended service from Sarah and Fourth Street west towards the Holidome and Tinseltown, endeavoring to accommodate work schedules for those needing Public transportation and a request that the Public Works Director get back with a report of regarding these concerns. Councilmember Smith moved to approve Resolution No. 97-301 authorizing submission of a grant application the Federal Transit Administration (FTA) for operating and capital assistance for the Beaumont Municipal Transit System. Councilmember Coki nos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters: Councilmember Smith reminded everyone to attend the Family Celebration next Saturday at the Civic Center from 10:00 a.m. to 4:00 p.m. Councilmember Goodson thanked Councilmember Smith and all others who are working on the Family Celebration. Councilmember Patterson congratulated the Solid Waste Department for a very successful 4th Annual Texas Recycling Day last Saturday, thanked the City Manager and staff for moving forward with the design of the pool at Alice Keith Park and announced that the Julie Rogers "Gift of Life" will present a program, supported by Entergy Corporation and the Minutes;11 118/97;Page 6 Baptist Healthcare System, regarding breast cancer prevention. The special speaker will be actress, comedienne and breast cancer survivor, Carol Kester, formerly on "The Bob Newhart Show." Mayor Moore commented about the book signing at Books A Million for Beaumont. the &ght Side of Texas and thanked the Health Department and emergency medical personnel for services rendered to those suffering from apparent food poisoning this past week at the Holidome. He said that this incident raised the confidence level regarding the city's ability to deal appropriately with this kind of responsibility. Councilmember Smith added compliments to the staff, said everything worked out smoothly, everyone did a fine job and appropriate cultures and investigations are being made. Mayor Moore congratulated local sports teams and encouraged support of the West Brook Bruins when they play this weekend at the Astrodome and the Kelly Bulldogs in the Catholic State playoff in Dallas. Councilmember Goodson reported that the Garth House will be hosting a fundraiser this Thursday evening. * Public Comment (Persons are limited to 3 minutes) Ms. Pablo Ydrogo, 1590 Gilbert, addressed Council to speak of observing young men throwing rocks at cars near Texas Commerce Bank last Sunday, said she called the Police Department to report the incident at the nearest phone booth, two blocks from the site, and suggested that additional telephone booths be placed in that area. Mr. Samuel Bean, 1045 Shakespeare, addressed Council in appreciation of naming the north end library after Attorney Elmo Willard and requested that the name of his partner, Attorney Theodore Johns, be added and expressed appreciation to the Cokinos family for dealing with segregation problems in the past. Ms. Connie Holmes Brumfield, 990 Avenue B, addressed Council to complain of an incident on July 22. Ms. Brumfield said she called the Police Department regarding young men talking loudly in front of her house and complained of rough treatment received from the officers and her subsequent arrest. Ms. Brumfield asked for Council assistance with the matter. The Reverend G. W. Daniels, pastor of Sunlight Baptist Church, addressed Council to report about the meeting held at his church regarding the north end library and requested Minutes;11 118197;Page 7 that an item be placed on an upcoming Council agenda to add Mr. Johns' name to the library. The Reverend Daniels stated this is history and he would like it reported correctly. Mrs. Pat Willard, 2835 Palestine, addressed Council to refute any inference that she did not mail information to Council with biographies of both Mr. Willard and Mr. Johns in her submission for nominees for the library name. Mrs. Willard spoke at length and was granted additional time to speak about other nominees considered, meetings that were held, the attributes of her husband and opportunity to pay tribute to other deserving members of the community in the future. Mrs. Willard asked that Council remain true to their commitment of a year ago and not change or alter the name of the Elmo R. Willard Library. Mayor Moore explained that because of the great interest in this issue, a digression from the usual time allotment for comment was made to allow Mrs. Willard time to express her views and that same consideration will be given to other speakers today. Mr. David Willard, 1515 U Street Northwest, Washington D.C., addressed Council in support his mother's actions, said that naming the north end library was a testament to Elmo Willard, a native son born and raised in Beaumont. Mr. Willard listed other "freedom fighters" who never received acknowledgment for their work, stated that Martin Luther King, Jr. was remembered because of his untimely death, said no man does anything alone and that history is not completed by naming a single library. Mr. Willard spoke in support of honoring Judge Johns after his demise. Mr. Kent Johns, son of Judge Theodore R. Johns, spoke of his deep appreciation for Mr. Willard being his mentor, said he worked with Mr. Willard professionally, questioned the separation of Judge Johns and Mr. Willard's name for the library and not receiving a telephone call regarding the change, expressed views of history being written incorrectly with the omission of his father's name on the library, thanked individuals who support the addition of his father's name, and used an illustration of the plaque at Alice Keith Park keeping the memory of someone alive. Mayor Moore thanked Council for allowing deviation from the normal format to allow additional time for speakers to be heard. EXECUTIVE SESSION *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Sarah Bertrand v. City of Beaumont *Executive Session in accordance with Section 551.074 of the Government Code to consider the evaluation of appointed officials: specifically the City Attorney, City Clerk, and City Manager Minutes;11 /18/97;Page 8 There being no further business, the meeting adjourned at 3:20 p.m. to reconvene in executive session. Mayor David W. Moore 1 Patrice Fogarty, City alerk Minutes;11 /18/97;Page 9 FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION PUBLIC HEARING, NOVEMBER 18, 1997 CITY OF BEAUMONT COUNCIL CHAMBERS, BEAUMONT, TEXAS THOSE PRESENT: David W. Moore, Mayor Becky Ames, Mayor Pro Tem Andrew P. Cokinos, Councilmember at Large Lulu L. Smith, Councilmember Ward I Guy N. Goodson, Councilmember Ward II John K. Davis, Councilmember Ward III Bobbie Patterson, Councilmember Ward IV MAYOR MOORE: "I'm sure that, of course, I have a couple of questions and I'm sure the members of Council may have questions, but what I'd like to do first is open the public hearing (opened at 2:33 p.m.) to those of you who are present today that would like to have, would like to make comment or have discussion in regards to the Federal Transit Administration's assistance to the City of Beaumont. So, if there's anyone present that would like to address Council at this time at the public hearing in regards to public transportation bus service, your opportunity to speak is now. Again, if someone would like to make comment on the public transit service, please come forward." MR. LYNN DEMARY: "Lynn DeMary, 430 East Elgie, on behalf of some of my friends from the far north end of Beaumont out near Tram Road and from the Tyrrell Park area that are not currently serviced by the Transit System; they would like to know what the additional cost to the city would be of extending the service to those areas so that, but we are, I am, and I believe they are also in favor of the application to the federal government for the Transit System. Thank you." MAYOR MOORE: "Mr. DeMary. Does anyone else like to make public comment? There appears to be no one else to address Council at this time at the public hearing. So, I will now close the public hearing part of it (2:35 p.m.). " City of Beaumont THE STATE OF TEXAS § § CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF JEFFERSON § 1 hereby certify, in the performance of the functions of my office, that the attached instrument is a full, true, and correct copy of a transcript of a public hearing regarding submission of a grant application in the amount of $300,000. to the Federal Transit Administration for operating and capital assistance for the Beaumont Municipal Transit System in FY 1998 conducted during a City Council meeting on November 18, 1997, as the same appears of record in my office and that said document(s) is an official record from the public office of the City Clerk of the City of Beaumont, Jefferson County, State of Texas, and is kept in said office. further certify that I, Patrice Fogarty, am the City Clerk of the City of Beaumont, that have legal custody of said record(s), and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 21 st day of November, 1997. tYr i ( � Patrice Fogarty, Ofty Cie k City of Beaumont, Jefferson County, Texas ••,., z ' ot,l� City Clerk • (409) 880-3745 • Fax (409) 880-3740 ���►O�►�o���'— P. O. Box 3827 Beaumont,Texas 77704-3827