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MIN JAN 21 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 21, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 21st day of January, 1992 , with the following present: HONORABLE: Evelyn M. Lord Mayor Lulu L. Smith Mayor Pro Tem Councilman, Ward I Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Tyrone Cooper Asst. City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Assistant City Manager Sterling Pruitt. The Pledge of Allegiance was led by Girl Scouts, Cadet Kristy Caldwell, Junior Heidi Odom, and Brownie Brooke Murray. -000- One Proclamation was issued: "National Stop Youth Violence Week, " January 19-25, 1992 . -000- To launch the annual "Girl Scout Cookie Kickoff" fundraiser, Brownie and Cadet Leader Cindy Caldwell, Junior Leader Suzanne Odom, and Membership Services Executive of the San Jacinto Girl Scout Council Theresa Smith, assisted by Scouts Kristy Caldwell, Heidi Odom and Brooke Murray, presented Mayor Lord and City Council each with a box of Girl Scout cookies. -000- Citizen comment was invited on the Consent and Main Agenda Items 3 through 9. No one wished to address these items. -000- -18- January 21, 1992 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held January 14, 1992 ; Resolution No. 92-19 appointing Dr. Charles Walker to the Historical Landmark Commission for a term expiring October 31, 1993 ; and Ronnie Anderson to the Building Code Board of Adjustment and and Appeals for a term expiring November 30, 1995; Resolution No. 92-20 accepting two 10-foot-wide drainage easements across property in Lot 19, Block 1, Wescalder Fig Acres Addition, from Mrs. Lila Davidson and Mrs. Opal Lou Thrash, to facilitate maintenance of an existing drainage ditch extending from Wescalder Road to an outfall through a Drainage District 6 ditch in an effort to alleviate area flood problems; Resolution No. 92-21 authorizing full and final settlement of a claim brought against the City of Beaumont by Pat Kelly in the amount of $4,500. 00 for property damage to a motor vehicle resulting from a collision involving a flat bed trailer towed by a City vehicle in the 1900 Block of North 11th Street; and, Resolution No. 92-22 authorizing full and final settlement of a claim brought against the City of Beaumont by Mark Busceme in the amount of $6, 332 . 00 for property damage to a 1978 GMC one-ton flatbed ($5,500) and reimbursement for temporary rental expense ($882) as the result of a collision with a fire engine at the T-intersection of Highway 105 and Old Dowlen Road. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted following the Beaumont Housing Finance Corporation Meeting in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss: Geraldine Berry vs. the City of Beaumont and Linda Robbins vs. Stenson Terry, et al. -000- - Public Hearing was opened regarding an ADA Paratransit Plan developed for the Beaumont Municipal Transit System. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council in support of providing bus transportation for handicapped persons. -19- January 21, 1992 Mrs. Cindy Spangler, 770 Belvedere Drive, a social worker at the Beaumont State Center, addressed Council to urge there be no cutbacks in transportation services for handicapped individuals, commended Council for the productive and insiteful Workshop conducted last week and the six-month period established to collect data and study the program, stated that the South 11th Street bus run only runs each hour rather than every half-hour as others and is not paired with other routes and asked consideration and study be given that particular route. Mr. Dale Buehrle, 2235 Hazel, addressed Council to state that a reduction of routes would limit many people in Beaumont dependent on buses as a means of transportation to work, to medical appointments, and recreational outings. Mr. Buehrle asked for clarification of Difference No. 15 that states the proposed plan should be developed with close cooperation and consultation with disabled persons, disability groups and organizations. Public Works Director Tom Warner explained that Staff met with the Mayor's Committee for the Employment of the Disabled and approximately 60 social organizations to ask for input, conducted a Workshop last week and then scheduled today's public hearing to receive comments. Also, Mr. Buehrle commented that the plan states the routes are to be 3/4 mile on either side of existing bus service routes, but according to the scale shown on Exhibit M, the routes are only 2, 000 feet which is approximately 1/3 mile. Mr. Warner said he would check the exhibit and suggested that copy reduction of the original map for inclusion with the plan printed material has distorted the accuracy of the scale. Ms. Sally Schrader, 3320 Minglewood, addressed Council to discuss availability and the present system of reservation for bus service and to suggest that more than two people be allowed to ride the bus to save time and gas. Mr. Warner explained that Staff is scheduling as many riders as possible for each run, but if a request is for an isolated area, only that rider is picked up. Mr. Warner said that when the plan is fully implemented, all requests will be honored. Ms. Donna Darbonne, 1020 South 23rd Street, a resident at the Clairmont Convalescent Home, addressed Council to discuss scheduling and to request one-half day transportation service on Sunday and extension of service during evenings until about 9: 00 p.m. Mr. Warner explained that regulations require the same level of service to be provided for Fixed Route Service and STS (Special Transit Services) . Half-day service or evening service cannot be provided only for STS. Mr. Warner said he could prepare for Council a brief cost report for these services. In addition, Ms. Darbonne said she does not fully understand the ADA Paratransit Plan. Mr. Warner said there are basically 15 different changes, and he would supply her with a copy of the plan for reference and study. There being no one else to address Council, the Public Hearing was closed. -20- January 21, 1992 Resolution No. 92-23 approving the ADA (Americans with Disabilities Act of 1990) Paratransit Plan for the Beaumont Municipal Transit System to be submitted to the Urban Mass Transportation Administration (UMTA) , designed to comply with new federal regulations, was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Mr. Riley announced that for the fifth successive year, the City of Beaumont has won a certificate of Excellence in Financial Reporting from the Governmental Finance Officers Association for the 1989-90 Comprehensive Annual Financial Report (CAFR) . He said this award is considered by the Governmental Finance Officers Association to be their highest form of recognition in governmental accounting and financial reporting, and it's attainment is a significant accomplishment. Also, Mr. Riley recognized Finance Officer Walter Thomas for winning an award from the GFOA for Achievement in Financial Reporting. Mr. Riley asked Mr. Joe Koshkin, representing Coopers and Lybrand, the City's appointed auditors, to present the 1990-91 Comprehensive Annual Financial Report to Council. In his presentation, Mr. Koshkin complimented the appearance of the report, said the audit went smoothly, and there were no significant deficiencies in the control systems during the audit. Mr. Koshkin said the award won by Walter Thomas should be published in this statement, and that this award is looked upon very positively by bond rating agencies. -000- Resolution No. 92-24 accepting the work performed by W. B. Construction, Inc. for construction of East Caldwood Drainage Improvements, authorizing Change Order No. 3 to reduce the contract price by $665.85 to reflect actual quantities used in the project for a total completed cost of $407, 953. 15, and authorizing final payment in the amount of $16,466. 09 was considered. Councilman Goodson questioned cleanup and grading of the easements caused by the construction. Tom Warner, Public Works Director, explained that final cleanup will be done as part of the road work. The contractor for the street construction will be responsible for maintaining the right-of-ways and returning them to previous condition. Councilman Samuel commented that this contract is a good example of the operation of the Minority Business Enterprise program as intended. He said W. B. Construction is a Minority Business Enterprise and has benefited from this program by progressing from a sub-contractor to a -21- January 21, 1992 prime contractor. Resolution No. 92-24 was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-25 authorizing an annual contract with Rhone-Poulenc Basic Chemical Co. for furnishing sodium carbonate (soda ash) in the amount of $0.0791 per pound for approximately 800, 000 pounds, an estimated total cost of $63,280. 00, for use by Water Production Plant to control the alkalinity of water in the treatment process was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-26 authorizing an annual contract with Van Waters and Rogers for furnishing sodium bisulfite in the amount of $0. 1045 per pound for approximately 120, 000 pounds, an estimated total cost of $12,540. 00, for use by the Water Reclamation Plant for chlorine removal in a new operation added to the sewage treatment process was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-27 authorizing a contract with Gissco, Inc. in the amount of $10,500. 00 for demolition and removal of a condemned vacant church and sidebuilding (former Greater Good Hope Baptist Church) at 3495 Houston was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Alter. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Smith Councilman Cokinos Councilman Alter Councilman Goodson Councilman Samuel Abstained: Councilman Moore -000- Resolution No. 92-28 authorizing a one-year renewal of the maintenance agreement for the City's main-frame computer and computer terminals, effective October 1991 through September 30, 1992, with International Business Machines (IBM) in the amount of $31, 740.96 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -22- January 21, 1992 Resolution No. 92-29 authorizing purchase of 172 folding tables (100 round at $153.90 each and 72 30x96 inch rectangular at $133 .95 each) from Mity-Lite, Inc. in the amount of $25, 034. 00 for use by the Convention Facilities Department was approved on a motion made by Councilman Moore and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Mayor Lord asked the status of a previous request for purchase of chairs to be used for head tables at functions held at the Civic Center that will move easily as individuals are required to rise to speak. Mr. Riley said the request has been discussed and plans are being prepared to consummate the purchase. Councilman Samuel asked for a report of the number of civilian dispatchers that have been hired at the Police Department with a breakdown by sex and race and the total number employed. Councilman Goodson reported that he has received calls from Mrs. Burkhardt, 5755 Sul Ross, and Mr. Bill Peavey, 890 Evergreen, regarding sewer backup problems since the recent heavy rains and requested Staff to investigate and evaluate the initial cause of the backups. Mayor Pro Tem Smith said she has experienced the same problem recently and feels the backup is caused by ground saturation from the heavy rains and inability of the storm water to run off fast enough. Also, Mayor Pro Tem Smith congratulated Tom Warner for his work as Public Works Director and encouraged him to keep up the good work. Councilman Moore extended an invitation to Council, if their schedules permit, to attend a South Park Neighborhood Association meeting at 6: 30 p.m. this evening at the South Park Baptist Church located at Kenneth and Woodrow. Mayor Lord expressed regrets in not being able to attend the meeting tonight because of a flight schedule to attend the National Conference of Mayors in Washington D.C. , commended the Association for doing a good job and remaining consistent in their planning meetings and commended Councilman Moore for guiding the group and being there to assist. -000- Mr. G. A. Bossley, 1175 Threadneedle, addressed Council to complain that old and cracked sewer lines in his neighborhood are creating a problem that causes water to backup in bath tubs and causes commodes to nearly overflow when flushed following heavy rains. Mr. Bossley submitted a copy of a letter dated May 30, 1989, that he gave to a previous Council and one stating his present problem to the City Clerk for distribution to City Council. Mr. Bossley asked that this problem be corrected. -23- January 21, 1992 Also, Mr. Bossley said that sewer water comes up out of a manhole on Park Street and creates a health hazard. Mr. Riley said Staff will make a special survey of these complaints. Mr. Fred Lane, 3890 Kipling, addressed Council to complain of environmental problems in the Eastex Freeway, Lucas, Folsom area. Mr. Lane said drainage ditches west of Crow Road are not draining because of stopped up culverts, and on the east and west side of Eastex Freeway at Lucas Drive, there are large amounts of trash (cement, tires, etc. ) and litter that create an eyesore. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to compliment the Police Department, Task Force programs, and to announce that he celebrated his 61st birthday on January 18. -000- There being no other business, the Regular Session of City Council was adjourned. -000- I, Rosemarie Chiappetta, 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 January 21, 1992 . Rosemarie Chiappetta City Clerk -24- January 21, 1992