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HomeMy WebLinkAboutMIN APR 19 1988 REGULAR SESSION CITY COUNCIL CHAMBERS HELD APRIL 19, 1988 - 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 19th day of April, 1988 , with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Mayor Pro-Tem Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Edgar Coleman, pastor of the Seventh Day Adventist Church. The Pledge of Allegiance was led by Wilmer Roberts. -000- City Manager Albert E. Haines opened the portion of the meeting for receipt of bids for sale of $3 ,000,000 of Certificates of Obligation. Nine bids were received: TOTAL INTEREST COST EFFECTIVE INTEREST RATE Underwood Neuhaus & Co. $1 ,232, 424. 58 6.9043% Eppler, Guerin & Turner $1 ,238,754. 58 6.9398 Lovett, Mitchell, Webb, $1 ,246,408. 34 6 . 9826 & Garrison Shearson Lehman Brothers $1,226,789. 58 6.8727 Griffin, Kubik, Stephens, $1,226,384. 80 6. 8705 & Thompson Dean Witter Reynolds $1 ,231,783 .75 6. 9007 Prudential Bache Securities $1,285,779.17 7. 2032 Bear Stearns $1,240,886 .67 6. 9517 First Republic Bank of $1,246, 316 . 67 6. 9821 Dallas These bids were opened by and referred to Mr. Frank Ildebrando, the City' s Financial Advisor from Underwood, Neuhaus & Co. , and Mrs. Dunkerley, Chief Financial Officer, for review and future recommendation to Council later in the meeting. -103- April 19 , 1988 Three Proclamations were issued: "RSVP (Retired Senior Volunteer Program) Day, " April 20, 1988; and "Golden Triangle Victims Rights Week, " April 17-23 , 1988 ; and "Scott Hood Day, " April 19 , 1988 . Scott Hood witnessed an airplane crash on Eastex Freeway and Lucas Street on April 9, 1988 and without reservation responded to aid a victim of the crash by pulling him from the burning area to safety, thus saving his life. Because of Scott' s personal courage, mental acquity, and concern for others along with the strength and nobility of character that should serve as a model for us all, Mayor Meyers, on behalf of Council and the City of Beaumont, presented a Proclamation to Scott and a Key to the City of Beaumont for his bravery. -000- Councilman Samuel recognized Student Council President, Theresa Holmes, Vice-President Natasha Trahan, Secretary Joy Bernard, and Treasurer Juliet Skipp from Marshall Middle School and R.A.D.D. (Raiders Against Drugs and Drinking) officers Natalie Wolfe, President, Michelle Skinner, Vice-President, Joy Bernard, Secretary, and Wilmer Roberts, Treasurer and sponsors, Deborah Campbell and Nelda Castenada, for their efforts and many activities in combating these problems among teenagers. -000- Councilman Samuel shared a Proclamation that he will be presenting tonight to the Texas South-Central Jurisdiction of the Church of God in Christ in celebration of their 25th anniversary. -000- Councilman Lee, Mayor Meyers, and Clean Community Commission Chairman Marie Calcote signed an "Operation Clean Street" contract with Starlett Richard and a group of young people from Adams House who have agreed to be responsible for keeping College Street from Avenue G to Fourth Street clean and free of litter. Mrs. Calcote also thanked everyone for their participation in making "Can-Do Day" a success and thanked Mayor Meyers and Councilman Lee for their strong support of the "Operation Clean Street" program and commented that when Mary Ellen Shoup from "Keep Texas Beautiful" was here last Saturday she was most impressed with the City of Beaumont, especially the downtown area, and stated it was one of the cleanest cities she has seen. -000- Mr. Haines made a special presentation of the 1987 Doris Johnson Award for Excellence based on the criteria that "personifies at all times the highest levels of personal integrity, professionalism, and excellence, set work standards which far surpass the requirements for adequacy and acceptability and show a continual striving for excellence and perfection in his or her duties, consistently perform those duties, deals with others and presents himself in ways as to reflect credit and distinction on the City of Beaumont, be self-motivated and self-directing with a thorough knowledge of the ability of the job, but to be more than that-- -104- April 19 , 1988 be creative, to exercise initiative, and to carry through to successful completion, show pride in work, devotion to duty, and work harder than would otherwise be necessary as doing merely an acceptable job. . .an individual that would treat co-workers with respect and inspire respect and confidence by setting an example of excellence for others to follow. " Mr. Gerald Kohler of the Engineer Division of the Public Works Department is the recipient of the 1987 Doris Johnson Award. Mr. Kohler has exemplified all the qualities of this award. -000- Public comment from citizens relative to Agenda Items A, B, C-5 through E was invited. Mr. C. L. Sherman, 585 Belvedere Drive, addressed Council regarding advance notice for sale of Certificates of Obligation and against a ten- year loan for garbage cans. Mr. Todd Green, Sugarland, Texas, from Kelly Green Industries, a representative of Pawnee Industries, addressed Council regarding Agenda Item B-2. He stated his company was disqualified as a bidder for the garbage containers because of non-compliance with a few bid specifications he felt were not essential for a good bid; they could offer basically the same container at a savings of $280,000 .00. Mr. Paul Rueter of Rueter Inc. of Minnesota addressed Council regarding the fact they provided the containers for the pilot program, there have been no complaints with the containers from the City of Beaumont, their containers are 300% thicker than their competitors, their containers are specifically designed for mechanized pick-up systems, and stated they buy their raw material from Mobil Oil, a local industry. Mr. Mike Malinkowski, a Rueter, Inc. salesman, addressed Council to suggest that it more practical and effective to purchase a system-- purchase trucks and containers from same vendor--rather than purchase piece-parts and emphasized their warranty. Mr. Larry Gauthier, 5926 Greenwell, addressed Council on Item B-2 regarding once-a-week pickup, problems of flies, mosquitoes, and disease and Item B-6 regarding funds available for trucks that would tear up streets. -000- The following Consent Agenda items were considered: Approval of the Minutes of the Regular City Council Session held April 12 , 1988; Resolution No. 88-85 appointing Archie Wilson to the Martin Luther King, Jr. Parkway Commission for a term expiring January 1, 1990; Greg A. Adams for a term expiring July 31, 1990 and Janie Horton for a term expiring July 31, 1989 to the Health Advisory Commission; J. Lynn Hardin -105- April 19, 1988 and Hugh Kelley to the Electrical Board of Review for terms expiring April 30, 1991 ; Thomas F. Jones to the Transit Advisory Commission for a term expiring June 30 , 1988 ; and Calvin Williams, Jr. to the Housing Rehabilitation Loan Board for a term expiring May 31, 1988 ; Resolution No. 88-86 authorizing a License to Encroach to the Stedman Building Partnership for portions of the building which extend onto the right-of-way of Bowie, Park and Neches Streets for a one-time fee of $500 with a 30-day cancellation clause; and Resolution No. 88-87 accepting the work and authorizing final payment in the amount of $12 ,016 . 90 to Swain Construction Co. for construction of Phase II (furnishing and installing metal roof coverings and structural supports for 40 wet stall boat slips and a 65-by-325 foot metal building to house 52 dry storage stalls) of the Marina Expansion Project. The Consent Agenda was approved on a motion made by Councilman Brumley and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 88-35 authorizing the sale of $3 million in Certificates of Obligation based on the recommendation of the City' s financial consultants, Underwood, Neuhaus & Co. , Inc. , and bond attorneys, Vinson & Elkins was considered. Mr. Ildebrando informed Council that the bids have been reviewed and tested for their accuracy and conform to the bid restrictions outlined in the notice of sale. Therefore, the bid of Griffin, Kubik, Stephens & Thompson with an effective interest rate of 6.8705% and total interest cost of $1 , 226, 384. 80 is recommended. Mr. Ildebrando stated that the tight competitive bidding -indicated acceptance of Beaumont bonds on the market especially since three insurance companies qualified the issue. ORDINANCE NO. 88-35 ORDINANCE AUTHORIZING THE ISSUANCE OF $3 ,000,000 CITY OF BEAUMONT, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1988. Councilman Cokinos stated he has been told that the automated garbage collection system is a fine system, but he cannot see justification of indebtedness, therefore, he will vote against the bond sale. Councilman Moore questioned early pay-off penalties and was informed by Mr. Ildebrando that an early pay-off option was not included in the specification proposal. Ordinance No. 88-35 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore 7.- 1 in Inoo Mr. Haines presented a Service Comparison of Residential Sanitation Fees showing the 1985 rate at $7. 45 per month, the current collection method costing $7. 24, with the once-a-week automated method based on the low bids received for garbage containers and trucks at $5. 87, and with twice- a-week automated collection method a fee of $7 . 10 showing that automated collection of garbage is more cost effective. A resolution accepting the low bid of Applied Products, Inc. of Statesville, North Carolina, for furnishing containers for automated garbage collection at $56 . 45 each for 33 ,000 90-gallon containers and $51. 45 each for 2 ,000 60-gallon containers was considered. After a lengthy discussion, the item was delayed to allow Staff to secure information regarding freight charges for returned containers to be repaired and conduct a survey and reference check of fully automated users of containers manufactured by Applied Products. -000- Resolution No. 88-88 authorizing an annual contract with Beeco Sand Company for sand and clay for various City departments at $ . 90 per cubic yard loaded on City trucks at the vendor' s pit, $2. 94 per cubic yard delivered in 14 cubic yard loads and $2. 74 per cubic yard delivered in 25 cubic yard loads was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- A Public Hearing to consider a resolution granting an easement to Gulf States Utilities Co. across property in Klein Park was called to order. There being no one wishing to address Council regarding this item, the Public Hearing was closed. -000- Resolution No. 88-89 authorizing execution of a ten foot ( 101 ) wide underground electrical distribution system easement at Klein Park to Gulf States Utilities Co. was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Resolution No. 88-90 authorizing a contract with Watkins Construction Co. for construction of Phase I (re-roofing) of the Tyrrell Park Stables Renovation Project in the amount of $22,987.00 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 88-91 awarding a contract to Cutler Repaving, Inc. , of Lawrence, Kansas, for construction of the recycling and repaving element -107- April 19, 1988 of the 1988 Street Maintenance and Rehabilitation Program in the amount of $216 , 400. 00, based on estimated 80, 000 square yards of asphalt to be recycled and repaved, for Calder Avenue between the two Phelan Boulevard intersections, Washington Boulevard from Martin Luther King, Jr. , Parkway to the Santa Fe Railroad tracks, Broadway from Seventh Street to Eleventh Street, and Gulf Street from Interstate 10 Regent Street was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 88-92 appointing Cheryl Broussard as Assistant City Attorney I at the compensation level of Grade 16 , Step 2 , to fill a position created by the resignation of Marcia DeLarue was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 88-93 authorizing a 10-year historic preservation tax abatement to Stedman Building Partnership on improvements to the building in a downtown revitalization project beginning January 1 of the first tax year following completion of construction on the increased value of the building resulting from physical improvements expected to cost $2. 66 million was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Ordinance No. 88-36, amending Ordinance No. 88-16 by changing the polling place for Precinct 13 for the May 7, 1988 election, from New Day Church, 1305 Fulton, to Dunbar Elementary School, 825 Jackson was considered: ORDINANCE NO. 88-36 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 88-16 WHICH CALLED A GENERAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 7TH DAY OF MAY, 1988 TO CHANGE THE POLLING PLACE FOR PRECINCT 23 FROM THE NEW DAY CHURCH TO DUNBAR ELEMENTARY SCHOOL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilman Moore requested that signs be placed at New Day Church directing citizens to the new polling place. The City Clerk informed Council signs would be place at all polling places requiring a change from the last General Election and that a special publication would appear in the Beaumont Enterprise regarding the change in Precinct 13 . Ordinance No. 88-36 was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -108- April 19, 1988 Staff reported back to Council on Agenda Item B-2 that Applied Products, Inc. Vice-President had been contacted by telephone and he stated they would pay transportation costs involved in returning containers for repair or do the work locally if it should prove extensive. They also reported on cities using containers provided by Applied Products in an automated garbage collection system: Austin, used system since February, 1987 , no problems with warranty replacement, freight has been paid by Applied; Ft. Walton Beach, Florida, used system since 1986, no problems; North Miami Beach, Florida, no problems; and a call has been placed to Sanger, California and Staff is waiting for a reply. Councilman Lee said that he was hopeful they would have heard from a community that had used the system and containers for more than a year or two. Councilman Smith expressed concern that the container has only been manufactured for few years without much of a track record. Councilman Samuel stated he was abstaining from voting on this item because of his participation as Director of the Triplex Minority Business Development Center in securing minority contracts from the primary vendor for J. Allen Contractors, JLEECO, Inc. , and Joe August Trucking. Resolution No. 88-94 authorizing a contract with Applied Products, Inc. of Statesville, North Carolina, for furnishing containers for automated garbage collection at $56 . 45 for 33 ,000 90-gallon containers and $51 . 45 for 2 ,000 60-gallon containers for a total of $1 ,965,760 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Moore Abstention: Councilman Samuel -000- Councilman Lee reported there was a good turnout at last week' s "Sunday in the Park" activities and that next week' s program will be hosted by the Beaumont Women' s Symphony League. Councilman Smith affirmed that the crowd and program were excellent at "Sunday in the Park" last week. Councilman Cokinos reported that $74 ,885 . 35 has been collected for the Hulsey children' s fund and that contribution can still be made at Beaumont Bank. Councilman Moore requested an updated report from Parks and Recreation Division of the parks that have received repairs in the last 30 days and the projected repairs before summer in Ward IV, suggested that attention should be given to the tennis courts at Central Park, and requested that -109- April 19, 1988 the drinking age be posted and enforced at Tyrrell Park. Observation indicates that minors may be drinking alcoholic beverages in the park. Councilman Samuel questioned the City' s participation as General Contractor. Staff replied that basically the City acted as General Contractor when working on City buildings and when it was economically feasible to do so. He also requested field dirt for Magnolia Park before the ground becomes saturated by rain, and asked for legal counsel from Mr. Nichols regarding Affidavits of Abstention. Mr. Nichols explained that these affidavits are required only if there is a conflict of interest not in perception. Councilman Brumley asked Mr. Haines to direct Staff to address the problems with the LaSalle/King Edward building regarding environmental violations. Efforts are being made to centralized many events in the Downtown area and an eyesore such as this is unattractive and creates security problems. He asked that the Legal Department and other Staff do whatever is necessary for remedying this problem. Mayor Meyers presented a check received from Steve Wellborn to Wayne Sherman for the "Adapt-A-Cop" program. -000- Mr. Wayne Sherman, 325 Bradford Drive, addressed Council to thank various organizations and individuals for their contributions to the "Adopt-A- Cop" program and reported they have funds to purchase 25 vests. Mr. Henry Dannenbaum, 1567 Wall, addressed Council again regarding a curfew law, bicycles not using lights or reflectors, and robberies in the community. Mr. Larry Gauthier, 5926 Greenwell, addressed Council regarding installation of a fence at Riverfront Park, citizens reading their individual water meters, City Health Inspectors inspecting facilities and care of patients at nursing homes, and concern for high voltage lines installed on the East side of town. Councilman Moore asked that an investigation be made into the high voltage wires that Mr. Gautier said are being erected and checked for potential danger and health hazard. -000- There being no further business, the meeting was adjourned to conduct a Work Session. -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the regular City Council Session held April 19, 1988. Rosemarie Chiappetta City Clerk -110- April 19, 1988