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HomeMy WebLinkAboutMIN AUG 18 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT MELD AUGUST 18, 1987 - 1 :15 P.M. BE IT REMEMBERED THAT the City Council of the City of Beaumont, Texas, met in regular session this the 18th day of August, 1987, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Albert E. Haines City Manager Lane Nichols City Attorney -000- The Invocation was given by the Reverend T. C. Hebert, pastor of Rosedale Baptist Church. The Pledge was led by Councilman Cokinos. -000- MAYOR MEYERS . . .We do appreciate your attendance, and I think that something Revered Hebert mentioned is important, and that's to try and remember the things that we can be proud of, the things that we can enjoy, and the things that are being done every day by a lot of people to help other people, particularly in the area of our economy. And, so I want to take opportunity today, hopefully, to continue to try and send some messages from this Council Chamber that there are a lot of poeple in the community who are turning up and are doing very nicely. And one such business is the Eastex Medical Laboratory here in our city. This is a facility that started, I believe, some twelve years ago. They started in a very small beginning, a lab at 2780 Eastex Freeway and at that time they had very few employees, seven, I think to begin. Today they employ fifty-five people. And the reason that I've asked Gary Gatley, and I would like to ask them to stand if they would. . . . Gary Gatley is the Administrator of this facility. Peggy Heatley, the Director of Technical Services, and Larry Lacy is the Director of Business Services. They were kirid enough to share with me the fact that Eastex Medical Lab has been providing the services for the Texas Department of Corrections for the past two years at their Huntsville and Palestine units. And the services they've been providing from Beaumont have been so satisfactory that now they are going to take care of the whole ball of wax for the Texas Department of Corrections. This will be a significant business improvement. It will provide some additional jobs, and my feeling is, if it provides one additional job, it's something that they should be complimented for, and I think that we want to let you know that on behalf of the person, persons, or however many people will get into these additional jobs, we appreciate what you're doing. It's certainly a business that's there for -301- August 18, 1987 profit, and that's what drives the free enterprise system, but by the same token, to see the growth and see the acceptance that you've received is commendable. . . . -000- Public comment was called on Agenda Items A through D. Gene Burrus, 197 West Caldwood, addressed Council regarding Agenda Item B lb and the bid his company, Burrus Lumber Co. , submitted for the lumber for the Beaumont Marina Project. Even though their bid was slightly higher than the low bid, they would like consideration be given the fact they are a Beaumont firm and could give good delivery service, and the company bidding low is from Nederland. Alan Ritter, 4795 Gladys, addressed Council regarding Agenda Item B lb as a representative of Ritter Lumber Co. , the apparent successful low bidder for furnishing lumber for the Beaumont Marina Project stating that even though the company is not located in Beaumont the majority of the shareholders of Ritter Lumber Co. have been residents for over 35 years and support the Beaumont tax structure. -000- The following Consent Agenda Items were considered: Approval of the Minutes of the regular City Council sessions held August 11, 2987; Resolution 87-168 substituting $1 ,500,000 and releasing $1 ,5000 in securities, and pledging $1,000,000 in securities effective August 11, 1987; Resolution 87-169 appointing Ellen V. McLean to the Clean Community Commission for a term expiring 9/30/89 and reappointing Charles Foxworth to the Building Board of Adjustment for a term expiring 7/31/91 and reappointing Darcy Watler atad Ronnie Anderson to the Building Board of Adjustment with terms expiring 12/1/91; Resolution 87-170 accepting the $.15 per pound bid for an annual contract for liquid polymer flocculent (Clarifloc C-311)for use at the 'dater Reclamation Plant from Allied Corporation of Morristown, New Jersey; and, Resolution 87-171 accepting demolition and removal of dangerous structure bids from Trax Enterprises (Group B: 3755 Blackmon Lane, $1 ,304.55 and 852 Jefferson, $1,195.40) and Speady's Sales (Group C: 415-25 Center, $1,372.00, 1408 Center, $360.00, and 956 Miller, $1,029.00 and Group D: 2123 Pope, $407.00). After discussion relative to the full contract price omitted from Resolution 87-170 versus the per pound cost and estimated annual usage raised by Councilman Cokinos, the Consent Agenda was passed on a motion made by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- -302- August 18, 1987 Resolution 87-172 authorizing a contract for the Marina Expansion - Structural Steel - Phase II Project consisting of furnishing and installing metal roofs for the new wet stall boat slips and the new new 65' x 325' metal building for 52 dry storage stalls with Swain Construction Company at a contract price of $240,338.00 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: none After a lengthy discussion concerning delivery as a critical factor for this particular project and an explanation relative to delivery information requested on bid specifications generally, Resolution 87-173 authorizing a contract with Ritter Forest Products of Nederland for furnishing lumber for the Marina Expansion Project in the amount of $19,410.62 was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Napes: none Mayor Meyers felt that if the criteria for delivery was not specifically included in bid specifications, to be totally equitable, we cannot predicate selection of best bid on delivery time. If not stated before the fact, it cannot be considered after the fact. -000- The second reading of an ordinance granting an amended franchise to REM Waste Control, Inc. for commercial garbage collection service was held: AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO REM WASTE CONTROL, INC. TO OPERATE A COMMERCIAL 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 second reading of an ordinance granting an amended franchise to Browning Ferris Industries, Inc. for a commercial garbage collection service was held: AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO BROWNING FERRIS INDUSTRIES, INC. TO OPERATE A COMMERCIAL 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 second reading of an ordinance granting an amended franchise to Waste Express, Inc. for a commercial container garbage collection service was held: -303- August 18, 1987 AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WASTE EXPRESS, INC. TO OPERATE A COMMERCIAL 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. Councilman Cokinos expressed concerns regarding the 5% gross fee being too low and suggested a possible user fee and the life expectantcy of the landfill being lowered drastically by depositing of garbage from outside the City of Beaumont in the landfill. Councilman Cokinos requested a report from the Public Works Department before the third and final reading of these ordinances regarding street usage and wear and tear by trucks hauling heavy loads and an evaluation relative to the conditions of the landfill in the past, present, and future. Ordinances granting amended franchises to REM Waste Control, Inc. , Browning Ferris Industries, Inc. , and Waste Express, Inc. for commercial container garbage collection service were passed to their third and final reading on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Brumley Councilman Samuel Councilman Moore -000- Ordinance 87-65 amending Chapter 11, Article I, Section .011 (A.)(1)) of the Code of Ordinances placing a limit of four times for temporary food service permits to be issued to individuals or organizations for periods up to 14 days with no limit on number of times permits may be issued in connection with festivals involving organized public assemblies for entertainment purposes was considered: ORDINANCE 87-65 ENTITLED AN ORDINANCE AMENDING CHAPTER 11, ARTICLE I, SECTION .011 (a)(1) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT IN RELATION TO FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR SEVERABILITY &ND PROVIDING FOR REPEAL. Questions were raised regarding churches being affected by this regulation, why a limit necessary, possibility of setting maximum number of days for a temporary food service permit to be in operation rather than number of days, safety and health of citizenry by not having this regulation, and consideration of the fact that possibly there are too many people operating "tent shops" without following the same regulations and restrictions placed on permanent permit holders. -304- August 18, 1987 The ordinance was approved and amended to direct Staff to come up with language that would provide more of an assurance that we are directing our efforts or legislation to those people who are setting up under the auspices of a temporary permit but in fact operating on a permanent basis and have that language back to Council in a three week period on a motion made by Councilman Samuel and seconded by Councilman Lee. Question: Ayes: Councilman Lee Nayes: Mayor Meyers Councilman Brumley Councilman Cokinos Councilman Samuel Councilman Moore -000- The business portion of the Agenda recessed briefly to allow Mr. Ildbrando of Underwood, Neuhaus & Co. to be present for Agenda Item D 4. -000- Councilman Samuel announced that on Thursday, August 27th, there will be another "Concert on the Move" in Magnolia Park. Two rhythm and blues bands, Phresh and Element, will perform along with Livingstones, a gospel band. Councilman Samuel introduced and welcomed Councilman Ellis from Houston. Councilman Moore requested from an environmental perspective that the amount of topsoil used to cover the landfill be investigated since it is emitting a strong, continuous odor. Councilman Samuel requested that a dangerous structure, formerly Charlie's Restaurant, on Gladys two blocks off Magnolia, be inspected and a report returned to Council. Councilman Cokinos commended Tom Warner for the quick action at Clear Water Courts and Plaza 10 and informed him that now galvanized garbage cans are being thrown there. Councilman Lee complimented last week's Sunday in the Park activities and announced the Camp Fire Cirls will be hosting the event Sunday, August 23rd. Councilman Lee clarified for the record that it was not the contractor in charge of the street sweeping who had been dumping debris at Clear Water Courts. Councilman nenoyablerueveingf fanedthatattheie stageesrea onshtould° ie•,inttfiegsae wren Eke event begins at 7:00 p.m. and possibly the coolest of the year. Mayor Meyers welcomed City Attorney Lane Nichols back to Council after his recent vacation. -000- John Donahue, a volunteer with the Beaumont Chapter of the American Red Cross even though he resides in Orange County, addressed Council to express his delight in representing Beaumont as a volunteer for 22 days assisting the victims of Saragosa, Texas. He and his wife, as National volunteers, chose to work with the Beaumont Chapter of the American Red Cross because it is the most efficient in the area and offers better opportunities for training. Mr. Donahue was recently researching information and learned he could not check out books from the Library because he was -305- August 18, 1987 not a Beaumont resident or taxpayer and requested Council to review the regulation and extend to volunteers the opportunity to check out books without charging them a fee. Jim Kyle, 1250 Coranado Circle, addressed Council to commend the person responsible for getting the street light fixed at Rogers Park and to oppose a proposed tax increase and suggested a city permit and fee for garage and estate sales as a secondary income. Frank Kiefer, 3190 Willowood Drive, addressed Council to thank the Mayor on behalf of the citizens of the Minglewood Addition for the prompt response to their request for getting their drainage system repaired. Henry Dannenbaum, 1567 Wall Street, addressed Council to compliment Mayor Meyers for the spot ad on television for the Job Fair and the issue of group homes coming before Council soon. Jessie Cooper, 446 Georgetown, addressed Council to comment that on passage of Ordinance 87-65 it appeared to her that nothing was cited by the Health Dept. as a violation of health regulations, but possibly infringed upon free enterprise and First Amendment rights and Council should consider these things in licensing. Jesse J. Baker, 2950 West Lucas, addressed Council relative to the City Manager's proposed budget to oppose a tax increase, to oppose the automated garbage collection and weekly collection, reminded Council that South Park residents were promised they would be surveyed before a decision was made to permanently place this program 'in operation, suggested trash pickup be contracted out, and expressed an opinion for public meetings before initiating permanent automated system. MAYOR MEYERS: Thank you, sir. We appreciate your comments, appreciate your taking time, appreciate your suggestions. I think it's important to restate, Mr. Baker, that the process of having opportunity to give input is valuable, and I think we respect the fact that you're taking time to examine what's been put out there. I think it's important also that everybody recognize that the key word, and that's what the Manager has brought forward is a budget proposal that's all encompassing. By that, he has a responsibilty to take all the elements and bring them forward with the options. And now, throught the process, beginning really today, the end result is what Council adopts at the end of September, but in bringing forward this budget proposal the Manager, by Charter, has a responsibility to expose all the different considerations so that Council can make Judgments, so that you and other citizens can examine and offer suggestions, approval, criticism. That's the process that makes it work, and I think Council's anxious to hear that, and I think, as I mentioned earlier, we respect the fact that you've taken the time to make those comments, but understand it is a process, and it's not something to at this point to condone or condemn, but really to be a part of and move along as Council moves along in the next couple of months. Thank you for your time. -000- Mayor Meyers called the regular business session back to order. -000- -306- August 18, 1987 Ordinance 87-66 authorizing issuance of $55,636,091.40 in advance refunding bonds and authorizing execution of an escrow agreement was considered: ORDINANCE 87-66 ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT REFUNDING BONDS, SERIES 1987; AUTHORIZING THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING BONDS AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; AND CONTAINING OTHER MATTERS RELATED THERETO. A presentation was made by Mr. Frank Ildbrando, Financial Advisor of Underwood Neuhaus & Co. Mr. Gary King, Underwriter from E. F. Hutton & Co. , Ms. Rebecca Salcetti, Underwriter from Texas Commerce Bank--Houston, and Mr. Clifford Youngblood and Mr. Rodney Ellis, Bond Counsel from Vinson & Elkins were present for consultation. Mayor Meyers pointed out that on page 14 of the Preliminary Statement, the 1985 valuation figure generated from the Central Appraisal District continues to be used incorrectly and expressed appreciation and thanked everyone for their efforts because this action represents a significant savings for our City and timing was very important. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Barbara Liming, a secretary in the office of the City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the regular City Council session held August 18, 1987. Barbara Liming, Secretary City Cleric's Office -307- August 18, 1987