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MIN APR 07 1992 i REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 7, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 7th day of April, 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 Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Timothy Green, pastor of Jerusalem Missionary Baptist Church. The Pledge of Allegiance was led by John Labrie, Director of the Solid Waste Department. -000- One Proclamation was issued: "WALKAMERICA DAY, " April 11, 1992 . -000- Citizen comment was invited on the Consent and Main Agendas. Ms. Angela Baker, Division Director for the March of Dimes at 1612 Interstate 10, addressed Council in support of Agenda Item No. 1 authorizing an agreement with the University of Texas Medical Branch to provide combined services to women and children in an effort to create one-stop prenatal and child health services. Ms. Baker said the March of Dimes works very hard to make access to prenatal care easy for everyone and supports combining efforts to afford prenatal care and medical attention for children at the same location. Also, Ms. Baker said that some of the forms requesting service are complicated and lengthy and asked for consideration of simplifying the paperwork. -88- April 7, 1992 i Mayor Lord said the forms are requirements of the federal government and guidelines under which the Health Department operates. -000- Councilman Cokinos requested that Agenda Item "i" on the Consent Agenda regarding partial settlement of a lawsuit by Excavators and Constructors be separated and considered individually. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 31, 1992 ; Resolution No. 92-94 appointing Dora Nisby to the Library Commission for a term expiring October 31, 1993 ; Stanley Elliott to the Reinvestment Zone No. 1 Board of Directors for a term expiring December 31, 1993 ; Dr. Robert Swerdlow and Larry Beaulieu to the Sister City Commission for terms expiring December 31, 1993 ; and Roy Huckaby to the Small Business Revolving Loan Fund for a term expiring December 31, 1992 ; Resolution No. 92-95 authorizing Change Order No. 5 to the contract with Russ Miller Construction Company for improvements to College Street in the amount of $23, 000.00 to compensate for the paving of and contractor delays associated with approximately 29 utility blockouts within the road surface that resulted from beginning the project at Main Street rather than Goliad, thereby, increasing the total contract amount to $3,516, 033 .99; Resolution No. 92-96 granting a twenty (20) foot overhead utility easement out of the Noah Tevis Survey, Abstract 52 , to Gulf States Utilities Company to provide electrical service to the proposed extension of Riverfront Park; Resolution No. 92-97 authorizing a License to Encroach Agreement with Michael Lyn Nelson and wife, Mikell C. Nelson, owners of 8995 Casey, being Lot 27, Block 1 of the Brookside Place Addition, for 3 .45 feet for a distance of 15 feet into a utility easement on the west side of their property for a one-time fee of Five Hundred Dollars ($500. 00) ; Resolution No. 92-98 authorizing full and final settlement in the amount of $2,891.28 for a property damage claim by Billy Jean Wilson resulting from a collision with a City motor vehicle ($2,491.28 to repair private motor vehicle and an expected $400. 00 in automobile rental reimbursement) ; Resolution No. 92-99 authorizing full and final settlement in the amount of $6, 000. 00 for a bodily injury claim by Richard Tremble as the result -89- April 7, 1992 of a collision of a private motor vehicle with a City fire engine; and Resolution No. 92-100 authorizing full and final settlement in the amount of $4, 000. 00 for a bodily injury claim by Kenneth Richard as the result of a collision of a private motor vehicle with a City fire engine. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-101 authorizing settlement of the underpayment portion of the judgement entered in the lawsuit involving Excavators and Constructors, Inc. in the amount of $160, 000. 00 was considered: Councilman Cokinos questioned appeal and type of settlement, amount of future settlement and attorney fees. The Assistant City Attorney asked Council to recall discussion of the Executive Session relative to this case and cautioned discretion. Mr. Cooper explained there is an ongoing appeal of this claim. A judgment was entered with two portions of the judgment that could have been addressed. One portion is still under appeal, and the item on the agenda today is for consideration of settlement of the underpayment portion of the judgment. He said a projection of future settlement cannot be made because of the ongoing appeal and that attorney fees associated with the underpayment portion is included with that settlement. Resolution No. 92-101 was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-102 authorizing a collaborative agreement with the University of Texas Medical Branch and the City of Beaumont Health Department to provide health services to women and children in Beaumont at the same location (UTMB designated to provide maternity and family planning services, and the City complement these services by providing well-child and WIC services) for a ten-year period effective April 1, 1992, with provision for termination by either party after 180 days written notice of intent, was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-103 accepting the bid of Apac-Texas, Inc. in the amount of $29,730. 00 per cell for providing labor and equipment to -90- April 7, 1992 excavate and recompact cell liners at the City Landfill to comply with Texas Department of Health requirements that mandate construction of an impervious soil liner beneath landfill cells to prevent groundwater contamination was approved on a motion made by Councilman Goodson and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-104 authorizing acceptance of a Gang Intervention Team grant in the amount of $34, 608. 00 from the Southeast Texas Regional Planning Commission for the grant year September 1, 1992 to August 31, 1993, to specifically provide funding for two police personnel to patrol know gang areas during peak activity times, was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-105 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 various City buildings encompassing approximately 609, 000 square feet, including fire stations, community centers, the health center, office buildings and warehouses was approved on a motion made by Councilman Moore and seconded by Mayor Pro Tem. Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-106 authorizing a contract with Jleeco Builders for restoration of the historic Kansas City Southern Depot to provide leasable office space to private organizations for the total contract amount of $101, 009. 00, including a Base Bid of $98,909. 00 and Alternate No. 1 to provide exterior building lights at $2, 100. 00, was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-107 authorizing a lease agreement with Crockett Street Station, Inc. (CSSI) for parking spaces in the Crockett Street Parking Area (constructed as part of Phase II of the Stedman Building Project-- Fidentia Development Corporation) , bounded by Laurel, Park and the south right-of-way of Crockett Street, for a primary term of five (5) years at $2, 800. 00 per year, with five (5) concurrent options to renew was considered: Councilman Goodson expressed concern with the wording in Section 1 of the lease agreement that says. . . "an indefinite number of parking spaces -91- April 7, 1992 i not less than thirty-five (35) " . . . He said he is concerned that the number of spaces could be increased without coming back to Council and affect property owners of adjacent retail establishments. Also, he said that in Section 6, it says the lease could be assigned and the City would not unreasonably withhold consent, asked if this is the same company that owns the Crockett Street Plaza and questioned separation of the two that would not be for the benefit of the project. Mr. Riley confirmed that ownership of the parking lot is the same as the Crockett Street Plaza and the intent of the City is for the parking lot to serve the Plaza. He explained that the lease agreement has been rewritten by our Legal Department and a typographical error occurred in Section 6. He said it should read, "with the written consent, " not "without" and will be corrected and not interfere with approval. Also, Mr. Riley said that "an indefinite number" will be stricken from Section 1 and worded to specify leasing thirty-five (35) parking spaces. Resolution No. 92-107, with changes in Sections 1 and 6 as stated by the City Manager, was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Councilman Moore said he was glad for the funding from the Southeast Texas Regional Planning Commission that will pay overtime wages for police personnel to patrol known gang areas, and it reflects some of the same thinking of the activities held today at the Holidome. He said the Bureau of Alcohol, Tobacco and Firearms is conducting a gang seminar, sponsored by the ATF and the Beaumont Police Department, for area law enforcement groups. Councilman Moore said the 1-800-ATF-GUNS number was given for residents to report activities related to narcotics, guns, or any combination of crime creating a federal offense. He reported receiving positive comments about the seminar. Councilman Samuel reported a busy weekend by attending the National Women's Achievement and State Council of Deliberation activities. He said both meetings were wonderful, and that he expressed to the groups the Mayor's regrets for not being able to attend. Councilman Alter agreed that Saturday was an especially busy day, starting with the Clean Community Commission' s "Spring Sweep" at 7: 00 a.m. He said over 300 volunteers collected approximately 60 cubic yards, or about 12 tons, of refuse off city streets. He congratulated Janet Todd, "Spring Sweep" Chairman, Jeanne Mitchell, Tom Nelson and Delia Harrington of the Clean Community Commission and the volunteers. Concurrently, he and Councilman Cokinos attended the groundbreaking ceremonies of the Washington Boulevard Christian Church and said it was one of the nicest groundbreaking ceremonies he ever attended. -92- April 7, 1992 Councilman Goodson said he was not at the "Spring Sweep" because he was throwing out the first baseball for Mayor Lord at the Amelia Little League! He said it was great fun. Councilman Cokinos reported that the "Jail and Bail" fundraiser for Buckner Children's Village held at the Hilton was very successful with over $16, 000.00 collected. Mayor Pro Tem Smith announced that the first "Sunday in the Park" will be held Sunday, April 12, in Riverfront Park with Mayor Lord reading to the children. The Symphony Women's League will sponsor the rainbow theme program and use it as a model for a national presentation. Mayor Lord explained she was not able to attend all the activities in Beaumont this weekend because she was in Nacogdoches presenting a woman's forum, along with five other women mayors throughout the state. She said it was a very interesting experience. Also, she said she and the Chamber of Commerce had lunch today with a member of the Swiss Consulate in Houston. Sandoz, a Swiss company in the area is expanding, and the Consulate likes to visit communities in which their businesses are expanding to create a friendly relationship. -000- Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council again to announce the presentation of The Passion Plav this weekend at the Julie Rogers Theatre by First Baptist Church. Mr. Jack Tinkle, 410 North Major Drive, addressed Council to discuss various personal business ventures and extend an invitation to visit a recently opened hardware store in Lumberton and an antique mall opening in Winnie. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in Work Session. -000- I, Barbara Liming, 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 April 7, 1992 . Barbara Liming Deputy City Clerk -93- April 7, 1992