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Home My WebLink AboutMIN NOV 01 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 1 , 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the lst day of November , 1983, with the following present : HONORABLE : William E. Neild Mayor Bill Cox Councilman , Ward I Evelyn M. Lord Councilman , Ward II Joseph D. Deshotel Councilman , Ward III David W. Moore Councilman , Ward IV Karl Nollenberger City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Lacy South, North End Baptist Church. The Pledge of Allegiance was led by Mayor Neild. -000- One proclamation was issued: "Buddy Poppy Days in Beaumont" - November 11 & 12 , 1983. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held October 25, 1983; Resolution 83-393 appointing Lynn Owens to the Human Relations Citizens Advisory Commission ; Mildred Yates to the Historical Landmark Commission , term to expire October 31 , 1985 ; and Gayle Villere to fill the unexpired term of John Conway on the Parks & Recreation Advisory Committee, term to expire June 30, 1985 ; Resolution 83-394 accepting Greenfield Drive from Major Drive approximately 1 , 050 feet ; Easley Drive from Greenfield Drive approximately 160 feet south and from Greenfield Drive approximately 110 feet north; Fox Cove from Green- field Drive approximately 225 feet north and water and sewer improvements for Lots 1-2 , Block 1 ; Lots 7-8, Block 3 ; Lots 1-14 , Block 4; Lots 3-13 , Block 5 and Lots 1-9 , Block 6; Greenfield Village , Park One, Section One; Resolution 83-395 accepting as complete the demolition of a structure at 2065-2067 Leiper and authorizing final payment to Trax Enterprises, con- tractor , in the amount of $1 , 099. 00; Resolution 83-396 authorizing purchase of a lamp housing assembly replace- ment for the Visual Approach Slope Indicator system from Crouse Hinds Sepco at a cost of $1 , 630. 76 ; Resolution 83-397 authorizing execution of a contract for appraisal ser- vices for the Crockett Connector TIP Project with M. L. Lefler , Jr. at a cost not to exceed $8, 000. 00 ; and Resolution 83-398 authorizing execution of a contract for appraisal ser- vices for the Crockett Connector TIP Project with Jack C. Aulbaugh, Inc. at a cost not to exceed $8, 000. 00. These items were approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -178- November 1 , 1983 Resolution 83-399 authorizing release of $5,240,000. 00 in securities pledged as security for bank deposits by Texas Commerce Bank, Beaumont (total pledged - $9,985, 000. 00) was approved on a motion made by Council- man Moore and seconded by Councilman Cox. Question : Ayes : Mayor Neild Abstained: Councilman Lord Councilman Cox Councilman Deshotel Councilman Moore -000- COUNCILMAN LORD concerning Market Square project : I 've spoken to each of the gentlemen on Council and, speaking for all of us, we would like to express to our Mayor Bill Neild and to our City Mana- ger really our respect and our admiration and our thanks for the hard work that you did on Market Square and we just want you to know how much we ap- preciate what you did and you certainly have the support and the admira- tion and the thanks of each of us. -000- The first reading of an ordinance authorizing a franchise agreement with REM Waste Control , Inc. for commercial garbage collection was considered: AN ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO REM WASTE CONTROL, INC. TO OPERATE A COMMER- CIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. The first reading of an ordinance authorizing a franchise agreement with Browning-Ferris Industries, Inc. for commercial garbage collection was considered: AN ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO BROWNING- FERRIS INDUSTRIES , INC. TO OPERATE A COMMER- CIAL CLOSED CONTAINER GARBAGE COLLECTION SER- VICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVID- ING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. The first reading of an ordinance authorizing a franchise agreement with Waste Express, Inc. for commercial garbage collection was considered: AN ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO WASTE EXPRESS, INC. TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CON- DITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RE- TAINING AUTHORITY TO REGULATE RATES; PROVID- ING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. These three ordinances were passed to their second reading (scheduled for November 15th) on a motion made by Councilman Lord and seconded by Coun- cilman Cox. Question : Ayes : All Nayes : None -179- November 1, 1983 Ordinance No. 83-146 establishing two (2) reduced fare days each calendar year for the Beaumont Municipal Transit System (nickel for all rides, free transfers and all monthly passes honored on the regular routes - next anti- cipated reduced fare day is the day after Thanksgiving, Friday, November 25th) was considered: ORDINANCE NO. 83-146 ENTITLED AN ORDINANCE AUTHORIZING REDUCED TRANSIT FARES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-400 relating to Labor/Management cooperation , condemning violent protest , urging all involved in labor-management relations to use all their influence to halt such unlawfulness and calling for strict en- forcement of all criminal laws and court orders which may be violated by acts of labor violence was approved on a motion made by Mayor Neild and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 83-401 authorizing execution of an agreement with Gulf Pipeline Company for protection of six (6) pipelines crossing the new sanitary land- fill site for a sum not to exceed $26 , 529. 68 was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-402 authorizing execution of an agreement with Southwestern Laboratories for furnishing testing services for pavement structure design and analysis on City projects for Fiscal Year 1984 for a sum not to exceed $40, 000. 00 was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 83-403 authorizing execution of an Intergovernmental Agreement with South East Texas Regional Planning Commission for Section 8 Planning funds (UMTA-Unified Work Program for JORTS Multimodal Transportation Plan- ning) was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question : Ayes : All Nayes : None -000- Resolution 83-404 authorizing execution of a renewal contract with the National Center for Municipal Development for a "Man in Washington" ser- vice at a cost of $31 ,484. 75 plus a maximum of $4,000. 00 for reimbursable expenses for the period from November 1 , 1983 to October 31 , 1983, was con- sidered: Councilman Lord said, "It would be a good idea to let the Minutes reflect at this point , I think, if we could, our appreciation for everything that Carolyn Chaney does for us. We are very fortunate to have her individually as well as that program. She certainly is superb. " Mayor Neild said, "I think we' ve got a unique situation. We've got a good person in Washington and we 've got good people in our Planning Department - Norman (Whitaker) who prepares those grants . . . make the job easy and then having her there saves us from having to make some of the trips there . . . " Councilman Lord continued, "It actually saves us money and I think it ' s good to have that come across when they see an expenditure like this. It really is a great savings to us. -180- November 1 , 1983 Resolution 83-404 was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000- Resolution 83-405 authorizing purchase of 2 8-Channel Multiplexors & 2 Asynchronous Line Drivers for Municipal Court from Data Aids Associates, Inc. at $4,970. 00; 4 E8 Memory Boards for the two Prime Model 450 Computers from Helena Laboratories at $27, 535. 00 and 2 300-MD Disk Drives and 1 Disk Controller for the Water Utilities Department from Timesharing Services at $36,280. 00 was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel. Question : Ayes: All Nayes : None -000- Resolution 83-406 accepting a bid from Davidson Construction Company for furnishing limestone base material at $12 . 13 per ton was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000- Resolution 83-407 re-authorizing purchase of a generator for the Building Maintenance Division from Harrison Equipment Company in the amount of $10,906. 00 was considered. Bid had previously been awarded to Hewitt Pump, Inc. The equipment was received and installed but subsequently failed to perform in accordance with specifications. Hewitt Pump has refunded the bid price of $9,698.00 and the City Legal Department will pursue a claim against Hewitt Pump to recover the difference in the two bids. Resolution 83-407 was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-408 authorizing Change Order No. 1 to the contract with Jefferson County Drainage District 6 in the amount of $16,769. 80 for the Drainage District 6 Cartwright/Corley Drainage Relief Project for changes needed as a result of corrosion to the existing pipe for a distance of 30 feet was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resolution 83-409 authorizing Change Order No. 1 to the contract with Saucier & Sons Enterprises for Contract 5, Segment 66 Interceptor (EPA grant #C 48 1254) for installation of approximately 1,000 feet of 6-inch lateral lines to up to 10-foot depths because of unforeseen obstructions, at a cost of $5, 500. 00 (new contract total to $1 ,095,240.50) was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-410 accepting as complete Contract I , Sewage Treatment Plant Improvements and authorizing final payment to the contractor, C.F.W. stru.ction Company, in the amount of $14,200. 00 (original contract cost at $5, 816, 300. 00 with 5 change orders in the amount of $53,391.47 increased total to $5, 869,691.47) was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- -1.81- November 1, 1983 Councilman Lord again asked if Cable TV had submitted their quarterly report . City Manager responded it had not been received but that there is no specific time deadline in the franchise for submission of the re- port . (Cable TV is to submit copies of written complaints as they are re- ceived and each quarter report the solution of those written complaints. ) Mrs. Lord called for firmness on the City' s part in requiring Cable TV to comply with their franchise. She also again asked that the Company and their personnel be stopped from implying City Council pressure is respon- sible for work being done in apartment complexes (joint connections being changed to individual connections) rather than for their own business pro- cedure. Councilman Lord also asked that a Staff member work with Southern Iron & Metal to find a method of disposing of gas tanks from junked vehicles prior to grinding other than drainage ditches. She says that Southern Iron & Metal are apparently no longer buying vehicles with gas tanks because of explosions caused in grinding so potential customers are disposing of them by trowing them in the ditches which not only causes a litter problem but fire danger also as ditch fires are not uncommon. In addition, Councilman Lord requested that Planning Director Bruce McClen- don , before he leaves the City, review the wording of the eight (8) condi- tions necessary for the issuance of a specific use permit to make it more objective rather than subjective. -000- Mayor Neild questioned whether computer items purchased today were a result of an inhouse staff survey or a consultant ' s review of the system. City Manager Nollenberger responded that the items were purchased as part of the normal program to increase the capacity of the computer to add the final applications and were preplanned. He added that the Finance Depart- ment and Budget & Research are presently compiling a draft request for pro- posals for a look at the entire data processing system for an analysis of the future direction of the system and to identify and correct any duplica- tion and overlapping of various applications. -000- Mr. Fairburn Moseley, 320 E. Elgie, addressed Council to say that unions are not totally to blame for the problems arising from labor disputes but that solution must be a 50-50 giving by both labor and management . Mr. J. C. Leggett , 1849 Washington Blvd., addressed Council to complain about trash in the south end of Beaumont . Mr. Jesse Jones , 1451 College, addressed Council to speak of the Veteran 's Day Parade to be held Saturday, November 12 , beginning at 9 :00 a.m. at Wiess Park. -000- There being no further business , the meeting was recessed before continu- ing with the City Council Workshop session. -000- I , Myrtle Corgey, 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 November 1 , 1983. Myrtle Corgey City Clerk -182- November 1 , 1983