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HomeMy WebLinkAboutMIN SEP 16 1986 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 16, 1986 - 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 September, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney -000- The Invocation was given by the Reverend Edward Mauzey, pastor of the Worldwide Church of God. The Pledge of Allegiance was led by Mayor Meyers. -000- Two proclamations were issued: "POW/MIA Recognition Day in Beaumont" - September 19, 1986 and "Constitution Week in Beaumont" - September 17-23, 1986. -000- No one wished to address City Council on Agenda Items C through I. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 9, 1986; Resolution 86-279 authorizing the City Manager to execute a contract amendment with the State extending the Public Transportation Project TX-05-0113 Passenger Amenities Contract to August 31, 1987 to complete the installation of 50 bus stop benches and 30 shelters; Resolution 86-280 authorizing the purchase of Parcel 165, 7,501 square feet out of Lots 3 and 4, Block 4, Gray Addition from Lucy Mae Manuel at the State's approved value of $7,379.00 for the M. L. King, Jr. , Parkway/Spur 380 Project; -188- September 16,, 1986 Resolution 86-281 amending Resolution 86-232 to increase the size of the Beaumont Sesquicentennial Board from seven (7) to fourteen (14) members; Resolution 86-282 authorizing the sale of City of Beaumont property located on Finis Street and described as the west 35 feet x 110 feet of Lots 1 to 5, Block 8, Neches River Park Addition, to the Port of Beaumont in an amount of $950.00 (taxes due the City are $105.89 plus $96.21 in Court costs). Resolutions 86-279 through 86-282 of the Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Resolution 86-283 authorizing the City Manager to execute a Trust Agreement for the management of the $100,000 trust received from Julie and Ben Rogers for the Julie Rogers Theatre to ensure that the interior of the building will be maintained in excellent condition was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 86-284 (Consent Agenda "d") calling a public hearing for 1:15 p.m. , September 23, 1986, in the City Council Chambers, for further discussion of the 1986-1987 budget was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Resolution 86-285 creating a trust account to be expended to support a community foundation at the discretion of City Council to be funded by monies which are budgeted in City Council's budget for payment of salaries to Councilman Michael Brumley, who, as a State employee, is prohibited from receiving a salary from the City was approved on a motion made by Councilman Cokinos and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Resolution 86-286 approving an amendment to the 1986 CDBG Final Statement of Objectives and Projected Use of Funds (total of $331,111.70: $87,761.70 for Social Service Facility Rehabilitation; $153,700.00 for Street Rehabilitation in the Community Development Strategy Area and $89,650.00 for Rehabilitation of City-owned Structure/Tyrrell Historical Library) was approved on a motion made by Counclman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- -189- September16, 1986 Resolution 86-287 authorizing the City Manager to approve the purchase of property for the Martin Luther King, Jr. Parkway/Spur 380 Project at the State's approved value and directing him to make a monthly report of such purchases to the City Council was considered: Councilman Cokinos made a motion to delay action for study; motion died for lack of a second. Councilman Lee made a motion to approve the resolution; motion was seconded by Councilman Weisbach. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Resolution 86-288 authorizing the City Manager to execute a License to Encroach Agreement with Mobil Oil Corporation allowing installation of a fence on the north and south sides of Sulphur Drive, 25 feet into the street right- of-way on each side, to deter swimming and dumping activities in the canal, for a one-time fee of $500.00, was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution 86-289 authorizing the City Manager to execute a Women, Infants and Children (WIC) Nutritional Contract with the State Department of Health for pass-through funds from the U. S. Department of Agriculture at an approximate contract maximum reimbursement of $238,320.00 annually was approved on a motion made by Councilman Weisbach and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 86-290 accepting the donation of six (6) parcels of real property from the Young Men's Business League for the eventual expansion of Fair Park was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: none -000- Resolution 86-291 approving the purchase of a one-ton flat bed truck from Beaumont Motor Company at $12,304.27 was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- -190- September 16, 1986 Resolution 86-292 approving the purchase of a computerized automotive engine analyzer from Sun Electric Corporation at $14,825.00 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Mayor Meyers spoke to the need for establishing a Travel Policy for the City Manager that would include participation by the City Manager at the International City Management Association Annual Conference and the Texas City Management Association Annual Conference and issues that are an honor or a special request that will come to the Manager would be brought before Council for formal approval and requested that the policy be placed on the formal Council Agenda next Tuesday for a vote. In response to a question by Councilman Brumley, it was decided that a statement providing that, in those instances where an emergency-type situation or need for the benefit of the City might arise, it would be the City Manager's responsibility to poll Council - all or that majority that could be reached - to seek approval for such request. -000- Councilman Brumley reminded all that the second "5th Tuesday" Council Session/Town Meeting would be hosted in Ward II at Calvary Baptist Church on Dowlen Road, September 30th at 7:00 p.m. and urged all to attend. Councilman Brumley expressed his concern for the construction work on Willow, and the possible time delay between placement of limerock and permanent surface materials. Councilman Lee told those in attendance that the Ethnic Heritage Council would host "Sunday in the Park", to be held in Riverfront Park, Sunday, September 21st and urged all to attend. Councilman Moore expressed his concern for the construction of the Restitution Center on Washington Boulevard. He said the "State has certain rights being able to locate facilities such as this in locations that have a particular zoning; however; I don't necessarily feel this is fair to the neighborhoods or communities or the citizens that live there in terms of what happens without them having proper input into the process. " He asked that they as a Council contact Legislators in Austin asking them "to bring about some appeal to the situation or a change in the ruling whereas they can come in and arbitrarily start construction of such type facilities . . . . . . The next thing, I would like this Council to join in with me at form basically protesting those types of actions that do not allow the municipal government nor its citizens to have input into the process by which they have a choice as to which type of life they are going to have for their community, the value of their property or simply just the right to be heard. " -191- September 16, 1986 Mayor Meyers and Councilman Samuel also addressed the subject of the Restitution Center being constructed on Washington Boulevard. Councilman Weisbach appealed to dog owners to keep their dogs under proper control for the safety of citizens, especially joggers and runners who are frequently attacked. Councilman Samuel reported a tree limb obstructing view on the corner of Brockman and Avenue B that has caused an accident. -000- Mayor Meyers called an Executive Session, pursuant to Section 2(e) of the Texas Open Meetings Act to consider pending litigation and Section 2(g) to discuss appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, to be held immediately following the City Council Workshop Session. -000- Mayor Meyers read a proclamation declaring Wednesday, September 17th, as "Keep the Gators Day" to be delivered on Wednesday to the new owner of the Golden Gators, Mr. Larry Schmittou. -000- Mrs. Jessie Cooper, 446 Georgetown, addressed Council to again express her concerns for flouride in the City's water supply. In addition, Mrs. Cooper spoke in opposition to the proposed new U. S. Constitution. -000- Messrs. William F. Jones, 4145 Simpson Drive; Cleveland Nisby, 4520 Corley; W. R. Smith, 3060 Blossom; Mrs. Julia Levy, 3085 Blossom; Mr. Alvin R. Cook, 2235 Rampart; and Mrs. Georgia Smith, 3060 Blossom; residents of Washington Manor and Fleetwood Additions, addressed Council to express their concerns for the construction of the Restitution Center within a half-mile from their homes. Mrs. Margie Boyd, 4465 Thomas Lane, addressed Council to express her concerns for flouride in the City's Water supply. Mrs. Bertie Boodry, 675 Belvedere, membser of the Colonel George Moffett Chapter of the Daughters of the American Revolution, addressed Council to accept the Proclamation for "Constitution Week" and, in addition, expressed her concerns for the need to rehabilitate the Tyrrell Historical Library for the proper maintenance of priceless, irreplaceable books that are housed there. Mrs. Jessie Cooper, 446 Georgetown and Mr. Henry Dannebaum, resident of Simpson-Wagner House, 695 Avenue C, addressed Council in support for "half-way houses" in the community. -192- September 16, 1986 Mr. Herman Rogers, 3006 Bolivar, addressed Council to say that zoning requirements do not always provide proper protection for residential neighborhoods and asked for closer analysis in those cases that might adversely effect neighborhoods. -000- There being no further business, the meeting was adjourned before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, Deputy City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held September 16, 1986. Rosemarie Chiappetta Deputy City Clerk -193- September 16, 1986 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 16, 1986 CITY MANAGER RAINES: The next item is a resolution approving the purchase of a computerized automotive engine analyzer. You have the resolution together with the bid tabulation. I'll read the lowest and best bid meeting specificiations. It is Sun Electric at $14,825; recommended the award be made to Sun Electric Corporation. Mr. Labrie, as well as our purchasing representatives are here to respond to any questions. COUNCILMAN COKINOS: I have a question, Mr. City Manager. Now, this . . this Allen Testproducts, we have $15,456. and the Sun Electric Corporation, $14,825. I'd like to ask the question whether or not this distribulous kit is also involved in this bid on Sun Electric Corporation. MR. JOHN LABRIE, FLEET MANAGER: No, it is not. This machine was not specified in the bid. COUNCILMAN COKINOS: Well, does Allen Testproducts . . do they have that in their bid? MR. LABRIE: Yes, they do. COUNCILMAN COKINOS: Well . . . MR. LABRIE: And it will cost . . . Sun Corporation also provides, it. We did not ask for it in our specifications because at this time we do not need it. It is available from Sun at a cost to the City of Beaumont of $400 . . $433.00 which would still have Sun under Allen. COUNCILMAN COKINOS: I thought it was $600.00, John? MR. LABRIE: $433.00. COUNCILMAN COKINOS: For the kit? MR. LABRIE: Yes. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 16, 1986 Page 2 COUNCILMAN COKINOS: Well, . . . . . . MR. LABRIE: $660.00 minus 30%. COUNCILMAN COKINOS: Does this machine from Sun Electric have a mixture contact solenoid control? MR. LABRIE: It has everything that we asked for in the specifications. COUNCILMAN COKINOS: Does it have it the same in addition that Allen has? MR. LABRIE: I don't know if the components are exactly the same? I had both of the machines demonstrated at our shop. We are satisfied that the Sun will do the job that we want as well as the Allen will do the job. Both of them would have been acceptable. COUNCILMAN COKINOS: But this distribulous kit, you are going to have to buy that in order to test your automobiles, won't you? MR. LABRIE: We don't have any automobiles at this time but if I have to buy it, it will cost me $660.00 less 30 percent. COUNCILMAN COKINOS: That's what I thought. MR. LABRIE: . . . less 30 percent. COUNCILMAN COKINOS: Yes, sir. That's what I was making reference to a while ago. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 16, 1986 Page 3 MR. LABRIE: That will still be under the Allen price as bid; however, once again, we did not ask for the component in our specifications because we don't need it at this time. COUNCILMAN COKINOS: Is there a representative for Sun Electric Corporation in the audience? How about Allen Testproducts? Well, maybe you can throw a little light on . . . MR. ROSS RUSSELL: My name is Ross Russell. I reside at 7630 Chelsea Place here in the City of Beaumont. I am a factory representative for Allen Testproducts. . . . COUNCILMAN COKINOS: Mr. Russell, could you come up to this microphone. I can't hear you. MR. RUSSELL: This scope that we are talking about is a product that we bid to meet the City's needs for computerized engine analyzer. The City was very specific in their bid that this computerized engine analyzer should have the capability to address all domestic automobiles produced within the last 20 years and imported for 15. The General Motors C3I distributor of this ignition system we are talking about was introduced in 1984 on some selected GM engines such as the 2.8 liter V-6 engine with fuel injection which you all know is getting more and more popular. In 1985, General Motors expanded this ignition system to other cars in the line. In '86, it was expanded to all vehicles in the line except Chevrolet and beginning with the introduction of the '87 models, all Chevrolets with 3.0 or 3.8 liter V-6 engines fuel injected, which there will literally be millions of them sold nationwide, the City will no doubt have some of these vehicles and they will have that system on them. The expected life span of a computerized engine analyzer is 10 years. The City is going to have some of these C3I systems and they are going to have many, many more of them as time goes by. Inasmuch as the specifications state that we should be able to address all domestic automobiles produced in the last 20 years and, in light of the fact that we've had these systems on the market for the last 3 years, I felt that it was necessary that we should include in our bid the distribulous ignition assessory kit which allows the computerized engine analyzer to interface with these electrical systems under the hood of these cars. It is my feeling and my company's feeling that to bid this piece of equipment without including that would be a disservice to the City and I firmly feel that it would be. MAYOR MEYERS: Thank you. What other questions do we have? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 16, 1986 Page 4 MRS. DOLORES WATTS (from the audience floor) : What was his bid for . . . . . . MAYOR MEYERS: I am going to have to take exception as much as I hate to, Mrs. Watts. One of the reasons that I make reference at the outset to any comments is so that we can keep the Council flow. I don't want to deny your question but let me have you ask it and then try as you attend the meetings if you have a question on an item, that's what that portion is at the outset, but go ahead. What is your question? MRS. WATTS: I just noticed that Sun Electric gave their bid, of course, and Allen Testproducts didn't give the total amount of their bid. MAYOR MEYERS: Well, we have it. MRS. WATTS: But it should be known publicly. MAYOR MEYERS: Well, I don't know what you are looking at. I see a bid of $16,720 and $15,456 and it. is a matter of public record, but more than pleased to answer that question for you. CITY MANAGER: I guess my question perhaps in followup to Mr. Cokinos• question and perhaps conclusion, I am not sure, is that it . . regardless of the . . . was the gadget, whatever it was called that you have reference to here, that the gentleman from Allen Testproducts addressed, is that part of the alternate bid? MR. RUSSELL: Yes. CITY MANAGER: That $15,456? MR. RUSSELL: That is correct. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 16, 1986 Page 5 CITY MANAGER: And, secondly, Sun Electric Corporation bid, did that include the same kind of gadget at $14,825? MR. LABRIE: No, it didn't. COUNCILMAN COKINOS: It didn't include that, Mr. City Manager. CITY MANAGER: We@ it in the specifieationo? MR. LABRIE: No, it wasn't. CITY MANAGER: Okay. I am satisfied. Thank you. MAYOR MEYERS: Do we have any other questions? I think I understand it. Do we have a motion? COUNCILMAN LEE: So move for approval. COUNCILMAN BRUMLEY: Second. MAYOR MEYERS: Any further discussion? Democracy at work. Those in favor, signify by saying aye. . . . . . . opposed. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore END OF EXCERPT EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 16, 1986 COUNCILMAN AUDWIN SAMUEL: And, this question of sovereignty, as to who has the rights in an individual community, it's not a new issue. This is something that has gone on for years and years since the Founding Fathers brought forth the Constitution. This is the reason that the Constitution is being evaluated because there is language within that Constitution that is not clear. And, this is the type of thing that is being addressed with this formulation of the new Constitution and I felt compelled to let this be known because the two are directly related. END OF EXCERPT.