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HomeMy WebLinkAboutMIN JUNE 16 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 16, 1987 -- 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 16th day of June, 1987, with the following present: HONORABLE: Mike Brumley Mayor Pro Tem and Councilman, Ward II Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Audwin Samuel Councilman, Ward III *David W. Moore Councilman, Ward IV Absent: Maurice Meyers Mayor Betty Dunkerley Finance Director for City Manager Lane Nichols City Attorney (*Couriciliean Moore arrived during the reading of the proclamations. ) -000- The Invocation was given by the Reverend Dean Calcote, associate pastor for St. Mark's Episcopal Church. The Pledge of Allegiance was led by Mayor Pro Tem Brumley. -000- It was announced that Mayor Meyers was out of the City attending the National Conference of Mayors being held in Nashville, Tennessee and that City Manager Albert Raines is in St. Elizabeth Hospital. -000- Two proclamations were issued: "DAD (Dollars Against Diebetes) Day in Beaumont" - June 20, 1987 and "Juneteenth Day in Beaumont" - June 19, 1987. -000- Mayor Pro Tem Brumley called an Executive Session, pursuant to Section 2e of the Texas Open Meetings Act, to consider contemplative litigation, to be held immediately following the City Council Workshop Session. -000- Item F.6. (a resolution authorizing the filing of an application for a State grant of approximately $200,000 to finance a Primary Health Care Services Program to increase availability and accessibility of services to the medically indigent) was pulled from the Agenda and not considered for action. -223- June 16, 1987 Public Comment was called on Agenda Items A through E. No one wished to address Council on matters concerning the Agenda. -000- . The following Consent Agenda items were considered: Resolution 87-117 authorizing the pledge of $50,000.00 in securities held as collateral by Texas Commerce Bank - Beaumont for City deposits; Resolution 87-118 authorizing execution of a license agreement at a one time fee of $200.00 with the Kansas City Southern Railroad Company for a sanitary sewer main crossing under the tracks on Neches Street to be constructed under Contract 17E of the Sanitary Sewer Improvements Program and permits encroachment of the line on KCS right- of-way at Park Street; and Resolution 87-119 authorizing the purchase of twenty-two (22) "Docksides" utility pedestals for the Marina Expansion Project from Sea Technology, Ltd. of Gloucester, Virginia at $729.00 each or a total of $16,038 plus approximately $500.00 in shipping costs (pedestals with digital metering for electric service and plumbing connections as well as hookups for telephone service and cabale television to 44 boat stalls). The Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Ordinance No. 87-44 repealing the sales tax exemption for telecommunications services (extend City sales tax to include services provided by telecommunication companies which are already covered by State sales tax) was considered: ORDINANCE NO. 87-44 ENTITLED AN ORDINANCE RELATING TO TAXATION OF TELECOMMUNICATION SERVICES; REPEALING THE APPLICATION OF THE EXEMPTION PROVIDED IN SECTION 4B(A) OF ARTICLE 1066C OF THE STATE STATUTES; PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS; PRO- VIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY ANY PROVIDER OF TELECOMMUNICATIONS SERVICES PURSUANT TO ANY FRANCHISE, STREET USE ORDINANCE, LICENSE TO ENCROACH, CHARTER PROVISION, STATUTE OR ANY OTHER IMPOSITION OF A FEE OR CHARGE BY THE CITY OF BEAUMONT; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR AN EFFECTIVE DATE. The ordinance was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: Mayor Pro Tem Brumley Nayes: Councilman Moore Councilman Lee Councilman Cokinos Councilman Smith Councilman Samuel -224- June 16, 1987 Resolution 87-120 awarding a contract to Cafi Company, Inc. , at $1,921,140.25 for construction of Project 17E, Separation Sewers Central (Wall) of the Sanitary Sewer Improvement Program, subject to EPA approval (construction of new storm sewer and sanitary sewer mains necessary for elimination of the last of the combination sewers serving downtown Beaumont, a large storm sewer along Wall Street extending from M. L. King, Jr. Parkway/Spur 380 to the Neches River - the large storm sewer would remain in place but a new sanitary sewer trunk line would be installed inside it and other sewers and drains constructed to separate the flow of sewage from surface drainage; 17E is the last major project of the multi-million dollar EPA grant-assisted program) was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Napes: None -000- Resolution 87-121 accepting the work performed under a contract with Thomas A. Heard, General Contractor, Inc. , for construction of Projects 17A and 17C, Separation Sewers Central (Broadway West and Cedar/Crockett) of the Sanitary Sewer Improvement Program, approving Change Order No. 2 to adjust actual quantities of materials used and reflect the actual work performed by reducing the contract by $21,111.80 and authorizing final payment in the amount of $100,477.85 (total completed contract cost $2,009,556.90) was approved On a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None • -000- The third and final reading of ordinance No. 87-45 granting a franchise to Waste Master for a commercial garbage collection service was considered: ORDINANCE NO. 87-45 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WASTE MASTER TO OPERATE A COMMERCIAL CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORIZING TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 87-122 awarding a contract to Speady's Sales Company, Inc. , for the demolition and removal of the following condemned structures: Group A - 2730 Blanchette at $453.00, 3590 Fannett at $1 ,888.00, 2415 Southerland at $674.00 and 2425 Southerland at $509.76; Group B - 1274 Center at $554.76, 1435 Forrest at $1,500.80, 1112 Magnolia at $1,987.20, 1112 Magnolia (Rear) at $268.00, 1185 Magnolia at $3,532.80 and 2135 Ratcliff at $850.08 and Group C - 2390 Emile at $2,444. 16 and 2041 Leiper at $582.92 -- total contract cost o 1 ,246.44, was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: None -225- June 16, 1987 COUNCILMAN SMITH: I'm am concerned about our drainage and hope that in the near future we might be able to convene the City, the County and Drainage District 6 to make an assessment of our problems and see how we might correct these. I don't know how the rest of the Council feels about this. COUNCILMAN MOORE: I agree with it. COUNCILMAN COKINOS: Mr. garner, how much control have we got over, as far as asking Drainage District No. 6 to clean out their ditches? MR. TOM WARNER, DIRECTOR OF PUBLIC WORKS: We basically have no control. They are a separate entity. All we can do is ask them to maintain their facilities. COUNCILMAN COKINOS: Well, I took an on-sight inspection of Drainage District 6. They've got trees across the drainage ditches, backing up the water and I was just wondering if there's anything that the City of Beaumont can do to plead our case to Drainage District No. 6 to clean their ditches. MR. WARNER: Again, all I can say is we can just go and talk to them and ask them to. I don't think that we have any legal authority over them. COUNCILMAN COKINOS: Well, they are doing a poor job as far as maintenance is concerned on their ditches and I'd like to see something happen on them. MR. WARNER: I'll get with DD6. COUNCILMAN MOORE: While we are talking about drainage, Tom, we as a City went out and cleaned up every area that we possibly could take care of with the manpower we have in place. I got several phone calls about locations that the citizens felt needed to be cleaned out. MR. WARNER: Yes, sir. If I could I'd just like to go . . . . . . MAYOR PRO TEM BRUMLEY: . . . and you might mention what the format is as far as the cleanup afterwards, if you would like. It might be a good opportunity to take advantage of it now. -226- June 16, 1987 MR. WARNER: Basically, right before the storm, during the rain, City crews were out checking our system, looking for problem areas. Normally, the type of problems that we have are leaves, grass cuttings, tree branches, anything that may be in the pipes or the ditches. We had a couple of locations that I'm familiar with where we had a trash can in the pipe. Then we had other debris collected within the system. We cleaned those areas out as we came across them or we were called by citizens. As the storm progressed, we also went through our system to see how everything was operating and then we also went . . . when we got to that point, we also looked at Drainage District 6 facilities. At the height of the storm, at the observations that we made downstream on the outfall ditches, they were all full but were flowing. What basically happened was that the water that we had in our system . . . we carried it to the outfall but, once it got to the outfall, it had no place to go. In a meeting that we had with Drainage District 6, the highway Department, the County, several government entities on Friday, it was also brought up that during the storm we were also fighting a high tide which effects us because it has to get down through Hildebrant Bayou to Taylor's Bayou and then on out into the Gulf. COUNCILMAN LEE: Let me stop you right there. Let me stop you right there and ask you a question. You mentioned that all of our structures were full, right? And, Drainage District 6's were essentially full as well to the outfall and the outfall was the thing that was providing the blockage - that is, all of our drainage facilities were at capacity and they needed to dump into something. MR. WARNER: Yes. What our problem was we were able to get our water to the outflow ditch; however, once it got to the ditch, it had no place to go. . . COUNCILMAN LEE: Right. MR. WARNER: . . . and, of course, we had almost a week of rain prior to the heavy intense rains on Thursday night. In some cases, the outfall ditches were three-quarters full to begin with so we were battling up-hill before the storm even came. COUNCILMAN LEE: Okay. So, as we all know, we are in an area that is very flat. What we are seeing here is, then, the potential need to provide maybe another outfall? Possibly? . . . MR. WARNER: Yes, sir. COUNCILMAN LEE: to drain the larger areas so that we don't have to take it to something that is already full? -227- June 16, 1987 MR. WARNER: Yes, sir. That would be very beneficial. Our problem with Hildebrant is that, say, basically, rough boundaries from 11th Street on the East to Highway 105 on the North and then everything to the West and the South drains into Hildebrant so we are draining the majority of the City into Hildebrant to begin with. COUNCILMAN LEE: Okay, so there could well be . . . what are . . . Is there a process going on right now that identifies where the most significant problems are as far as it relates to the ou tfall itself? MR. WARNER: Yes, sir. We looked at all the ou tfall ditches at various locations to determine where bottlenecks were. We are currently in an assessment mode where we are going through and seeing if something has changed to the pattern . . the drainage patterns and if it's been increased development or whatever the cause has been to see what effect that may have had on the outfall system. COUNCILMAN LEE: As we talk about this, I look outside and it appears that we are getting ready for another blow . . . . . . COUNCILMAN COKINOS: Mr. Warner, you have, I know, through the period of years that I've been associated with the City government because of my brother . . . now we have a natural drainage towards the river but on Drainage District 6, you're cutting across and feeding into Hildebrant and so is the system in the City, parts of it. Is there any way that we can get to have the natural flow towards the Neches River rather than going upstream to Hildeabrant Bayou? MR. WARNER: Yes, sir. One of the things in the Old Town area, the area around Seventh Street, Eighth Street, basically that area, anything east of Eleventh - one of the problems is that area . . . some of that area does drain to the river. The problem is we are trying to carry all that water in a pipe -and it is not the most effective and efficient ways of getting the water off the street to the River and we are looking at possible alternatives to get the water . . . that water and also the water at Hildebrant Bayou back toward the river if possible. COUNCILMAN COKINOS: You are talking about Fort Acres, you are talking about Drainage District No. 6 and you are talking about the City of Beaumont draining into the Hildebrant Bayou and if they get it first up there, we're in pretty bad shape here in Beaumont, if we get the rain that we usually get .. . that we got the other day, isn't that correct? -228- June 16, 1987 MR. WARNER: We are at the high end of the drainage area so . . . . . . COUNCILMAN COKINOS: So, if Hildebrant Bayou is full, there is no way the water in Beaumont can drain off except into the houses, right. MR. WARNER: That's right. If it's full downstream, then there's no place for it go in Beaumont. COUNCILMAN COKINOS: Whereas, we've got a natural drainage towards the river which could help. MR. WARNER: In some areas, we do, yes, sir. It could help. COUNCILMAN COKINOS: Thank you. MAYOR PRO TEM BRUMLEY: It's not necessarily the . . . correct me if I'm wrong, the natural drainage is not necessarily so the further west you get, is that right? MR. WARNER: Yes, what happens is . . . . . . MAYOR PRO TEM BRUMLEY: . The flow reverses, say, Eastex or Thomas Road or Edson down going toward that connection box on 23rd Street. MR. WARNER: Yes, sir. It does break. I'm not exactly sure where it occurs. I think in looking at just a topographic map of Beaumont, you will see that around the river there's actually a higher elevation and it starts to drop off and it picks back off as you go further out but there is a ridge-like area around the river. COUNCILMAN SMITH: Now, in my neighborhood, there was . . . the outflow areas had plenty of room for more water but the problem was the bottlenecks in the neighborhood and I . . . there was never any time when the outflow ditches couldn't have handled all the water if the water could have gotten from the area to the outflow. MR. WARNER: And, those are also the areas we are addressing because we do feel like there was some areas in our system . . . . . . -229- June 16, 1987 COUNCILMAN SMITH: This has been a persistent bottleneck for twenty-three years, to my knowledge. MR. WARNER: The system may be operating properly but it may not be adequate. COUNCILMAN SMITH: It's not adequate to drain the water off and these are homes that flood every time that we get a flash flood. COUNCILMAN LEE: You made a statement, I believe, that you are going to be assessing the situation. Are you coming back? MR. WARNER: Yes, sir. We will come back with a written report to Council. COUNCILMAN LEE: When do you expect that to be complete? MR. WARNER: Well, we are also going to be making some recommendations so we will probably be looking at a month to two months. COUNCILMAN LEE: Is there any way that you might be able to move forward on that a little bit quicker than a month? MR. WARNER: I'll move as quickly .as we can. Some of the recommendations that we are thinking about will have an impact that we want to determine the assessed or the full impact before we implement them. COUNCILMAN MOORE: Will these recommendations be comprehensive for the entire City of the targeted areas that were most affected by the waters? MR. WARNER: Comprehensive for the entire City. COUNCILMAN COKINOS: Will the consideration also be given to see if the water can move towards the Neches River? MR. WARNER: Yes, sir. That is one of the things . . . . . . COUNCILMAN COKINOS: I to me, that's very important and I wish that you would explore the feasibility of that drainage towards the Neches River as best . . . as the best we possibly can. Thank you, very much. 230- :Tune 16, 1987 COUNCILMAN MOORE: One other question, Tom. The sandbagging efforts that people put in place - how effective was it in certain areas? I know if the water is extremely high, it's not going to stop it but did anyone . . . was anyone's home saved as a result of that effort? MR. WARNER: I'm not aware of anyone. COUNCILMAN SMITH: The sandbags would not have helped me at my house. COUNCILMAN MOORE: I know. In certain areas, it couldn't. Some areas where the water just got up there. MR. WARNER: We had a lot of people come in and get sandbags. What the results of their efforts were in getting the sandbags and putting them around their homes, I don't know.' We haven't had any feedback on that. COUNCILMAN MOORE: The reason I asked the question. If we are doing the program and it's not effective, then we are wasting our time doing it; however, if we are saving some, then we would continue it because I am sure once we do that, that's just manpower time that the City's expended with no cost or results or effective results. MR. WARNER: Basically on that program, what we do is provide the bags and the sand and the residents will be required to fill the bags if we are out doing something else. COUNCILMAN MOORE: Okay. COUNCILMAN SMITH: They can only have 20, isn't it? MR. WARNER: Ten. COUNCILMAN SMITH: Ten, okay. MAYOR FARO TEM BRUMLEY: Mrs. Dunkerley, you made a note about Councilman Smith's on putting together . you might pass that along to . . . . . . MRS. DUNKERLEY: I'll pass that on to the City Manager and we'll . . . . . . MAYOR FRO TEM BRUMLEY: . . . and make whatever arrangements necessary to . . . COUNCILMAN SMITH: I think we need to coordinate this with the County and Drainage District 6. -231- June 9, 1987 MAYOR PRO TEM BRUMLEY: While we are on the subject, I know I've gotten some communication that I've passed on. We've been able to do it . . . sort of . . . . . . Well, so far, with the ones that I've called, you might sort of set out, you know, these carpets and mats might be picked up or what people might do as it relates to getting these things picked up from their front yard. MR. WARNER: Most of the damage occurred in areas . .. or the flooding occurred in what we call Areas 3 and 4 in our sanitation pick up. We are currently at those locations now picking up the debris that can be picked up. We have found out when we've gone to pick up carpet, that the residents ask that we not pick it up until their insurance adjusters have a chance to look at it so we actually got out there too quick in some instances. And, what we will do is we are asking some of those people or those people that have to keep the carpet out to call us and we will make an effort to get back as quickly as possible to pick it up but we are going to have to move on to other areas of the City; but, we will continue to monitor any of those locations where there was carpet or any other storm debris placed out and try to pick it up as quickly as possible. MAYOR PRO TEM BRUMLEY: So, what you are saying is that if they don't . . . if the insurance isn't taken care of by the time we leave, then we will be coming back . . . MR. WARNER: We will have to make a special trip back to pick it up, yes, sir. MAYOR PRO TEM BRUMLEY: Okay. COUNCILMAN LEE: Let me make one more observation. I see Jim Terry sitting in the back, half asleep. Jim, stand up. He's the guy that stays up all night and supervises the crews that unstop all the ditches and the drains and that sort of thing. We appreciate your work. MAYOR PRO TEM BRUMLEY: Yes, we do. There was a lot going on last Thursday night. -000- Councilman Cokinos reminded all that he and Councilman Lee would co-host the regular City Council session and Town Meeting on June 30th at 7:00 p.m. in the St. Anne's Cafeteria and urged all to attend. Councilman Lee invited all to attend Sunday in the Park festivities in Riverfront Park on June 21st, beginning at 2:00 p.m. , to be hosted by Friendship Beaumont. -232- June 16, 1987 Councilman Samuel said, "I have a tidbit. I want everybody to keep a close ear out. There's going to be some things happening in your parks in the neighborhoods coming up real soon. That's all I'm going to say." Councilman Lee reported to Public Works that "On Liberty Street between 7th and 1st, and I can't remember the cross street exactly, we've got another one of those big holes in the pavement that is created by some kind of work that is being done in the street that we have allowed to stay that way with base material eroding for about two or three weeks .. . " Mr. Jim Terry, Street Division Supervisor, told Council that that was corrected today. Councilman Moore questioned repairs for damage to City streets caused by the recent rains and the high water. Mr. Warner responded that current manpower plus employees pulled from other functions would be used on the patch trucks to repair the streets "to try to cover the area as quickly as possible. In addition, Councilman Moore reported that the area on South 8th north of Washington Boulevard that had had some repair needs more attention. Mayor Pro Tem Brumley reminded that "Concerts on the Move" would be held in Rogers Park beginning at 7:00 p.m. on July 9th - entertainment to be provided by the Jimmy Simmons Jazz Band. -000- Mr. Herman Quinton, 9345 Mapes, addressed Council to complain about the very poor drainage in the Amelia Area, Gulf Terrace Addition (north of College, west of Major Drive and south of the Missouri Pacific track or Phelan) saying that there is a natural dam formed by the Southern Pacific Railroad and College Street/State Highway 90 and that water has to get several inches above Highway 90 before the water will cross it and that there are inadequate openings in the area. In addition, Mr. Quinton again told Council there is an urgent need for right turn lanes on College at Wooten to keep vehicular traffic, stopped by passing trains, from blocking College. Mr. Frank Dover, 1215 Sandwood, address Council to speak in opposition to the office building/parking garage project proposed by the Boyer Company to be constructed on a portion of the Civic Center parking lot. Mr. Henry Dannenbaam, 1567 Wall, addressed Council to complain about flooding in several areas. Mrs. Mim Holden, 9215 Gross; Mr. Charles Brockhouse, 9150 Gross; James Trahan, 9375 McLean; Mrs. Diane Chantaplin, 9175 Gross; and Mr. E. H. Carlson, 9355 McLean, addressed Council to complain about poor drainage in the Gulf Terrace Addition area and to request help in alleviating their problems soon. Mr. Robert Smith, 1930 Lela, addressed Council to encourage citizens to keep the ditches in front of their property clear of grass, weeds and debris to allow for better drainage in the City. Mrs. Jessie Cooper, 446 Georgetown, addressed Council, to remind that the Magna Carta was signed on June 15, 1215. -233- June 16, 1987 After additional discussion of the recent drainage problems, Councilman Lee requested that Mr. Warner, Public Works Director, make a partial report of the identified problems at the Town Meeting scheduled for June 30th. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, Secretary in the City Clerk's Office, certify that the above is a true copy of the Minutes of the regular City Council session held June 16, 1987. Rosemarie Chiappetta Secretary -234- June 16, 1987