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MIN MAR 31 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 31, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 31st day of March, 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 IT David W. Moore Councilman, Ward IV Absent: Audwin Samuel Councilman, Ward III Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Mayor Lord. The Pledge of Allegiance was led by Mayor Pro Tem Smith. -000- Mr. Bill Sterling and Ms. Marilyn Abercrombie presented Council with the Texas Institute for the Blind and Handicapped (TIBH) award in recognition of the City of Beaumont being one of the top-ten purchasers of this program. Ms. Abercrombie said the Texas Committee for the Purchase of Products and Services of the Blind and Severely Disabled is designed to serve the State of Texas and a special portion of citizens and has a two-fold responsibility. First, "to provide an opportunity for the disabled to live life as a viable and contributing factor of society--to have a job, a responsibility, dignity. " Ms. Abercrombie said the jobs are provided by work centers, but centers only put people to work. The products must be obtained by purchasers, such as the City of Beaumont. Secondly, the committee's responsibility is to assure the State and its varying agencies, in all governmental forms, that their purchase is one of quality. As Chairman of the first recognition of the top-ten purchasers of products and services, Ms. Abercrombie thanked Beaumont for their participation and for " . . .being astute enough to put its own citizens -82- March 31, 1992 to work and to objectively determine how best to spend its taxpayer's dollars. . . " Mayor Lord accepted the plaque for Council and said that the Mayor' s Committee for the Employment of Disabled Persons will appreciate this award also. -000- Attorney Robert Wade, representing the W. A. Hebert heirs, presented the City with deeds donating right-of-way to extend Dowlen Road from College Street to Walden Road. Mr. Wade said that donation procedures began for this project about two and one-half years ago and have been delayed for various legal reasons, but acquisition of all the interest has been made now, and he is making the presentation for the W. A. Hebert heirs. Mayor Lord thanked the Hebert heirs and Mr. Wade for this generous gift, and said it sets a fine civic example for which Council is most appreciative. -000- Four Proclamations were issued: "Golden Triangle D.W.I. Awareness Month, " April, 1992 ; "Sexual Assault Awareness Month, " April, 1992 ; "Spring Sweep 992 Week, " March 29 - April 4, 1992 ; and"Week of the Young Child, " April 5-11, 1992 . -000- Citizen comment was invited on the Consent and Main Agendas. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 24, 1992 ; Resolution No. 92-88 reappointing Naaman J. Woodland, Jr. to the Library Commission for a term expiring October 31, 1993 and reappointing Bessie Chisum as Chairman and Mary Jane Buttrill as vice-Chairman of the Historical Landmark Commission; Resolutions No. 92-89 authorizing acquisition of an avigation easement for Municipal Airport described as Parcel S-09 : 7,573 square feet out of Lot 1, Block 1, Garden Villas Addition from Ray Tarrer, et ux Angie Tarrer for the appraised value of $300. 00 to comply with the Runway Protection Zone (RPZ) regulations; and -83- March 31, 1992 Resolution No. 92-90 authorizing full and final settlement of a claim in the amount of $35, 000. 00, plus court costs, for damages brought against the City by Linda Robbins. The Consent Agenda was approved on a motion made by Councilman Alter seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-91 accepting 1.421 acres from Elbert M. Wood, 2.759 acres from Clyde D. Hebert, Tedine Hebert, Bessie Hebert, W. A. Hebert, IV and Sandra Hebert Knobloch, 5.288 acres from Clyde D. Hebert, Jeffery Hebert, Tedine Hebert, Ima Jean Hebert, Sharon Hebert Mouton, Margaret Elizabeth Hebert Allen, Carolyn Hebert Droddy, Bessie Hebert, W. A. Hebert, IV, Sandra Hebert Knobloch, C. D. Hebert, Jr. , Millard Grady Hebert, Kathryn Marie Hebert Pierson and Laura Hebert, 0.0437 acres from Spencer Land Company, and 0.79 acres from Chevron Pipe Line Company for a total of 10.3017 acres of right-of-way for the proposed Dowlen Road Extension from Walden Road to the south line of the Athletic Complex was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None Council requested that a letter of appreciation be sent to the donors of these easements for their generosity, and Mr. Riley said that in addition to the monetary value of the dedication of this property, a tremendous amount of work and time was involved in finalizing the legal procedures. -000- Resolution No. 92-92 authorizing purchase of one (1) defibrillator/monitor with a quik-pace, non-invasive pacemaker option for the Emergency Medical Services (E.M.S. ) Division from Physio-Control Corporation in the amount of $10,216. 10 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos (Council unanimously made and seconded the motion for approval of this equipment which is to be installed on the third EMS ambulance and in operation in April) . Question: Ayes: All Nayes: None -000- Resolution No. 92-93 authorizing an annual contract for limestone to be used by the Street and Drainage Division for repairs and maintenance of City streets with Transit Mix Concrete & Materials Company delivered F.O.B. Jobsite, Zone 1, at $11.80 per ton, F.O.B. Jobsite for Zones 2, 3, and 4 at $11. 60 per ton and picked up F.O.B. Plantsite at $10.75 per ton was approved on a motion made by Councilman Goodson and seconded by -84- March 31, 1992 Councilman Cokinos. Question: Ayes: All Nayes: None -000- A resolution authorizing an annual contract for pest control services with Bill Barnes Pest Control of China, Texas, in the amount of $1, 331. 00 per month ($15, 972 . 00 annually) and $30. 00 per hour for flea treatment to 52 various City buildings encompassing approximately 609, 000 square feet, including all fire stations, Park Community Centers, office buildings, Civic Center, Julie Rogers and Jefferson Theatres, warehouse and maintenance buildings and the Health Department Complex was introduced. Councilman Cokinos questioned consideration of this item, since the posted agenda called for purchase of pesticides and the resolution authorized an annual contract for pest control services, and he further asked for a detailed listing of the buildings to be serviced. The City Attorney advised delaying action for proper posting of this item for one week. Council concensus was to defer consideration on this item. -000- Mayor Lord announced that an Executive Session will be conducted in the Council Chambers following the Regular Session of City Council in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss pending or contemplated litigation: Excavators & Constructors V. The City of Beaumont and that a second Executive Session will be held following the Workshop Session in the Third Floor Conference Room in accordance with Section 2 (g) of the Texas Open Meetings Act to review performance of appointed officials. -000- Councilman Moore thanked Mayor Lord and Councilman Alter for attending the South Park Neighborhood Association meeting last Thursday and said he thought the Police Department's presentation was very good. He said a number of residents have called and expressed their appreciation for Mayor Lord and Councilman Alter attending the meeting, and that they are impressed with the response of the City and Staff. He announced that another segment of the Association will be developed in the Pear Orchard area. Mayor Lord commended Councilman Moore's devotion to the South Park Neighborhood Association and said it was very uplifting to see over 200 in attendance, and said the spirit of the neighborhood was very good. Councilman Alter added his commendation for Councilman Moore' s leadership in activating the South Park Neighborhood Association, congratulated Monsignor Kelly High School for being selected as a Blue -85- March 31, 1992 Ribbon Exemplary School in 1991 and reminded everyone to join the Clean Community Commission at 7:30 a.m. in front of City Hall and be a part of "Spring Sweep. " Councilman Moore complemented Mayor Lord and Councilman Cokinos for their participation in the award ceremonies for Kelly High School. Councilman Goodson thanked Carolyn Howard and BUILD, Inc. for a wonderful Main Street program last Thursday. Councilman Goodson said he appreciated having Jan Bullock and members of the Texas Historical Commission on the program, and that it was well done from start to finish. He also expressed appreciation to the Downtown Rotary Club for the announcement of building a small park during the next year with six fountains at the corner of Laurel Avenue and Park Street in celebration of the 80th anniversary of its founding. Mayor Pro Tem Smith added acclamations for the Main Street kick-off Thursday. She said Beaumont apparently had a larger turnout than any of the other Main Street cities, and the Historical Commission was impressed with the enthusiasm of the community. Mayor Pro Tem Smith said she was impressed with the quality and performance of former Kelly High School students Keith Albright, Irene Oh, Blythe Gaissert, Ryan Rosson, and Robin Hickman at the award ceremonies, and said that as as a community, Beaumont sends out a lot of accomplished and talented people. Mayor Lord confirmed the talent was incredible, and said these young people will become very accomplished and well-known in their fields. She said the whole week has been uplifting, beginning with the dedication of Wuthering Heights Park, productive meetings in combatting gang violence, the Main Street kickoff, plus various other positive meetings starting at breakfast time and others in the evenings. -000- Mrs. Delia Harrington, 815 Willow Street, addressed Council to request assistance in getting street lights replaced on North Pearl and Willow Streets. Mr. Godfrey Leggett, 185 Marceline, addressed Council to complain of drainage problems he claimed were created by construction of the Dowlen Road Overpass saying he has talked with City Staff and asked for Council assistance in resolving the problem. Mr. Rob Whitmarsh, Student Government liaison from Lamar University, announced that Lamar will be playing this weekend in the Pan-American Conference games and that on April 9, 10, 11 and 12, the Lamar University Opera will perform The Marriage of Figaro. -86- March 31, 1992 Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to again remind everyone of The Passion Play to be presented by First Baptist Church on April 11 and 12 at the Julie Rogers Theatre. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in the first Executive Session. -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 March 31, 1992 . Rosemarie Chiappetta City Clerk -87- March 31, 1992