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HomeMy WebLinkAboutMIN AUG 22 1989 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 22, 1989 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 22nd day of August, 1989, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. * Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III Absent: David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk *Councilman Lee arrived at 1: 20 p.m. -000- The Invocation was given by Mr. Jerry Fleming of Westgate Church of Christ. The Pledge of Allegiance was led by five Boy Scouts from Troop 221 who are working on their government badge: Jason Glaze, James Blanton, Matthew Fehl, John Bogan, and Aaron Terry. -000- Mayor Meyers said that Councilman Moore is unable to attend Council because his father is ill. -000- Mayor Meyers reported that he has been contacted by Mrs. Hales from the Northend of Beaumont who has been observing a gentleman at Detroit and Arthur Lane mowing a huge triangle of City property for a long time. The gentleman is Elmas Karnes, 2805 Arthur Lane. Mayor Meyers and City Engineer Keith Truman visited with Mr. Karnes with prospects of him signing an Operation Clean Street contract. However, Mr. Karnes does not want any publicity or recognition for his efforts and will not attend Council for signing of this contract. In absentia, recognition and appreciation for his efforts in keeping this property beautifully clean and mowed was extended to Mr. Karnes by Mayor Meyers. (Councilman Lee arrived at Council. ) -222- August 22, 1989 Mr. Jim Stokes, representing the Economic Development Council, made their regular presentation to Council covering three areas: prospect status, near-term marketing plans, and local activities supporting economic development. In the prospect area, they are corresponding with prospects and have initiated a telephone program to follow up on some ninety prospects who were 1985-1988 prospects and indicated their expansion and relocation plans were on hold to see if they are working again. There are nineteen prospects from the 1988 National Plastic Exposition held in Chicago. Gulf States has made follow up on 270 prospects from the Plas-Tex Trade Show in Toronto. Specific projects include working with an Italian company planning to locate in Beaumont or the Orange area, a brake manufacturing company wishing to locate closer to Beaumont, two other foreign prospects with SET, Inc. and Gulf States Utilities, and a small pharmaceutical company located on the East Coast that is considering location in this area. Near-term marketing plans are to attend and participate in a National Paper Trade Show in Anaheim, California in October, attend IDRC (Industrial Development Real Estate Research Council) , and a Chemical Show in New York City in December. Mr. Stokes presented Council with copies of marketing brochures recently printed. Local activities include a meeting of the Southeast Marketing Team staffs, boards, and organizations on August 23rd regarding area-wide development, the Chamber of Commerce Retreat will be held August 24th to establish their planning mode for next year, there will be participation in Main Street on the Neches, and a series of advertising seminars under the auspices of the Small Business Council--the first was held last week, and two more will be held in September. The Small Business Council, under the leadership of Tom Harkins, conducted an on-foot survey of some of the small businesses and learned that their priority concern was how to get the most for their advertising dollars. -000- Citizen comment was invited on the Consent and Main Agenda. No one wished to address these items. -000- Councilman Cokinos requested that Consent Agenda Item D authorizing purchase of Dresser bell joint clamps be removed from the Consent Agenda and addressed individually. The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 15, 1989; Resolution No. 89-166 appointing Cleveland Nisby to the Community Development Block Grant Citizens Advisory Commission for a term expiring May 31, 1991, Charlie Gibbs to the Convention and Tourism Advisory Commission for a term expiring July 31, 1991, and Judy Hickey to the Clean Community Commission for a term expiring September 30, 1991; -223- August 22, 1989 Resolution No. 89-167 authorizing purchase of flexible couplings and full circle clamps for the Water Utilities Department from Big State Utility Supply, Inc. in the amount of $38,152. 55; and Resolution No. 89-168 authorizing purchase of inventory supplies (brass hex bushings, couplings, ells, nipples, and SDR 35 rubber gasket sewer fittings) in the amount of $15,089. 98 from Golden Triangle Pipe and Water Supply Co. The Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- A resolution authorizing purchase of Dresser bell joint clamps for the Water Utilities Department with the low bid being from Big State Utility Supply, Inc. of Lufkin, Texas in the amount of $16, 579. 20 and the second low bid from Golden Triangle Pipe and Water Supply Co. of Beaumont was considered. After a discussion revealing that by using the sales tax impact formula, the difference between the two low bids is negligible. Therefore, Resolution No. 89-169 authorizing purchase of 152 Dresser bell joint clamps of various sizes from Golden Triangle Pipe and Water Supply Co. of Beaumont, Texas, in the amount of $16,637. 48 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 89-59 authorizing approval of a bond ordinance and sale of approximately $16,665,000 in Waterworks and Sewer System Revenue and Refunding Bonds was considered: ORDINANCE NO. 89-59 ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES 1989; AUTHORIZING THE ADVANCE REFUNDING AND REDEMPTION PRIOR TO MATURITY OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1983 ; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; AND CONTAINING OTHER MATTERS RELATED THERETO. Mr. Frank Ildebrando, Bond Counselor, reviewed the Refunding Analysis -224- August 22, 1989 and Comparison of bids received at 5: 00 p.m. , Monday, August 21, 1989 showing Rauscher-Pierce as low bidder with the True Interest Cost at 7. 26220, the Spread Profit Margin at $10. 90, the Total Debt Service at $28,219, 375.00, and the Present Value Savings at $127, ,828. 55. Councilman Samuel quested Minority Business involvement. Mr. Ildebrando said that the City' s Minority Business Enterprise Policy was included in the Invitation to Bidders and each bidder turned in an Affirmative Action Policy. Councilman Samuel explained the primary reason for the City' s policy is to encourage minority participation and serve as an incentive to enter this area of business, and that he personally wants consideration given to Minority Business compliance, not Affirmative Action Plans. A motion to accept the bid of Rauscher Pierce Refsnes, Inc. as underwriters for approximately $16,665,000 in bonds was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Samuel Councilman Cokinos Councilman Smith Councilman Brumley Ordinance No. 89-59 to approve the sale and issuance of approximately $16,665, 000 in Waterworks and Sewer System Revenue and Refunding Bonds was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Samuel Councilman Cokinos Councilman Smith Councilman Brumley -000- Ordinance No. 89-60 adopting the 1988 Edition of the Standard Plumbing Code, an updated version of the 1985 Edition adopted by Council in 1987 was considered: ORDINANCE NO. 89-60 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-144 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT THE 1988 EDITION OF THE STANDARD PLUMBING CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 89-60 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -225- August 22, 1989 Ordinance No. 89-61 adopting the 1988 Edition of the Standard Mechanical Code regulating heating and air conditioning work and installations updating the 1982 Edition was considered: ORDINANCE NO. 89-61 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-170 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT THE 1988 EDITION OF THE STANDARD MECHANICAL CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 89-61 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 89-62 adopting the 1988 Edition of the Standard Building Code with previously adopted amendments to the 1985 Code now is effect was considered: ORDINANCE NO. 89-62 ENTITLED AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT A NEW SECTION 6-20 ADOPTING THE 1988 EDITION OF THE STANDARD BUILDING CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 89-62 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 89-63 adopting the new Standard Existing Buildings Code, published for the first time in 1988, designed to facilitate the renovation and rehabilitation of existing buildings by providing different standards from the requirements which must be met in new construction was considered: ORDINANCE NO. 89-63 ENTITLED AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW ARTICLE VIII ADOPTING A "STANDARD EXISTING BUILDING CODE; " PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -226- August 22, 1989 Ordinance No. 89-63 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 89-64 adopting the 1988 Edition of the Standard Fire Prevention Code, in place of the present code, with modifications to the standard code to adapt its provisions to particular conditions here was considered: ORDINANCE NO. 89-64 ENTITLED AN ORDINANCE ADOPTING A NEW FIRE PREVENTION CODE WITH AMENDMENTS DEALING WITH FIRE ALARMS, FIRE HYDRANTS, FLAMMABLE LIQUID TRUCKS, CHRISTMAS TREES, ACCESS TO FIRE HYDRANTS AND STORAGE OF FLAMMABLE LIQUIDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 89-64 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 89-170 adopting a policy for the operation of City Scope 31, a municipal information channel on the TCI cable television system, used to disseminate information about City operations and programs, as well as emergency and public safety information, was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- An ordinance calling an election for November 7 , 1989, amending the City Charter to reconsider voting procedures in order to encourage greater voter turnout was considered: ORDINANCE NO. ENTITLED AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE 7TH DAY OF NOVEMBER, 1989, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF BEAUMONT A PROPOSITION FOR THE AMENDMENT OF THE CITY CHARTER; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; PROVIDING FOR THE HOLDING OF SUCH ELECTION, INCLUDING THE NAMING OF OFFICIALS TO CONDUCT SUCH ELECTION; SETTING FORTH THE PROPOSITION TO BE VOTED ON; PROVIDING FOR A JOINT ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR FINAL PASSAGE. -227- August 22, 1989 Mayor Meyers outlined options for Council consideration as ( 1. ) all terms coincide in order to combine ward elections with at-large voting, (2 . ) the mayor' s term coincide with the terms of ward councilmen, and the at-large council continue to be elected in even numbered years to allow overlapping terms, and ( 3 . ) continuation of the present schedule of elections and terms of office. A lengthy discussion evolved raising questions concerning coterminous terms and greater voter participation at elections, savings of election expenses, combination of mayor and ward council elections, continuity of council programs, and need for a charter change with or without citizen request. A motion made by Councilman Lee and seconded by Mayor Meyers to make all terms coincide in order to combine ward elections with at-large voting failed to pass. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Samuel A motion made by Councilman Brumley and seconded by Councilman Lee to make the mayor' s term coincide with the terms of the ward councilmen in . order to combine ward elections with at-large voting and retain overlapping terms, with the at-large councilmen continuing to be elected in even numbered years failed to pass. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Brumley Councilman Smith Councilman Samuel A motion made by Councilman Smith and seconded by Councilman Cokinos to leave the voting methods and procedures as outlined in the present Charter failed to pass. Question: Ayes: Councilman Nayes: Mayor Meyers Cokinos Councilman Councilman Lee Smith Councilman Councilman Brumley Samuel A motion made by Councilman Lee and seconded by Councilman Brumley to present the three choices to the voters at a Special Election on November 7, 1989: ( 1. ) make all terms coincide in order to combine ward elections with at-large voting, ( 2 . ) make the mayor' s term coincide with the terms of the ward councilmen in order to combine ward elections with at-large voting and retain overlapping terms, with the at-large councilmen continuing to be elected in even numbered years, -228- August 22, 1989 and ( 3 . ) continuation of the present schedule of elections and terms, failed to pass. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Councilman Brumley Smith Councilman Samuel Mayor Meyers stated that, with Council' s approval, both tie items (making the mayor' s term coincide with the terms of the ward councilmen and continuation of the present schedule of elections and terms) will be placed on the agenda again next week. -000- Resolution No. 89-171 awarding a contract for cleaning and repainting the 1. 0 million gallon elevated water storage tank at Washington Boulevard and Municipal Drive in the amount of $27, 990. 00 to A-Way Tank Service, Inc. was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 89-172 authorizing an annual contract for the purchase of chemicals for the Water Utilities Department from: Harcros Chemicals, Inc. ( 3, 000/lb. copper sulfate at $. 67/lb. for a total of $2,010. 00 and 60 tons aqua ammonia at $302. 82/ton for a total of $18, 169. 20) , Coastal Products and Chemicals ( 450 tons aluminum sulfate at $97.99/ton for a total of $44,095. 50) , Lucier Chemical Industries, Ltd. ( 65 tons fluosilic acid at $131.71/ton for a total of $8,561. 15) , Technical Products Co. ( 15 tons zinc metaphosphate at $ . 625/lb. for a total of $18 ,750. 00) , and Jones Chemicals, Inc. ( 220 tons liquid chlorine at $427. 50/ton for a total of $94,050. 00) was approved on a motion made by Councilman Smith and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Mr. Riley said, "today is the last meeting that Max Patterson will be attending the Beaumont City Council prior to his leaving to move to Houston to become the Assistant Director of Finance Administration. I would like to recognize Max at this time and tell him that we have appreciated his tenure and the years of service and what he' s given in a management and very strong leadership position with the City of Beaumont. I would say we have very mixed emotions about his leaving. He will leave a position that we will find very difficult to fill because of his very able performance in the past. I 'd also be able to say though, that we are complimented by the fact that Beaumont. . . seems to employ those people in municipal administration those people that are sought out by Houston, and we' re very happy to again provide -229- August 22, 1989 them with the leadership that they need in the City of Houston! And, it' s a compliment to us to be able to do that! Max, we wish you well. " MAYOR MEYERS• Max, we wish you well. I think everybody has really grown very fond of you. . .but we really do wish you well. I think we ' ll see you Thursday night at a Friendship Beaumont meeting, but offer Council any comments they'd care to make at this time relative to Max' s departure. COUNCILMAN BRUMLEY: Glad to have had you here, Max. Having, here the last few months, spent a lot of time over in Houston, I can tell you that it' s probably the worst mistake you could ever make in your life on a permanent basis! Naw, you' re going to enjoy it, and it' s probably going to be an excellent challenge for you, and appreciate the opportunity we've had to work with you here. COUNCILMAN LEE: Just wish you well, and I know it' s not all been smooth sailing since you've been here, but you've done a good job. Thanks for your work. COUNCILMAN COKINOS: Good luck to you, Max, and hope for you the best in Houston. You' ll enjoy it! COUNCILMAN SAMUEL: . . . I will say, Max, it truly was a pleasure working with you, and I know you' re going to do a good job over there. I do say, you have made an impact on Beaumont. You have brought about some change and you've changed some attitudes here. So, I appreciate it. COUNCILMAN SMITH: I 've enjoyed working with you, and I think you've done a great job, and we' re certainly going to miss you. And, we wish you well in Houston, hope things go well for you. MAYOR MEYERS• Max, are there any things you've ever really wanted to say? There it is, Max, an open microphone, and you don' t even have to give us your name and address! MR. MAX PATTERSON: I don' t have any records or tapes to play at this time! I appreciate -230- August 22, 1989 everything you've said, and I 've enjoyed the short time I 've been here. I mentioned before I really thought it was going to be longer, and it was just an opportunity that came along that I feel compelled to take at this time, but I 've enjoyed it. I 've enjoyed the Staff. This is my third City I worked in. You might find it difficult to believe, but this is one of the more agreeable and complacent and better Councils I 've worked for. In my earlier careers, my encounters, I will call them encounters with City Council, was such that I thought I 'd never want to go before another one again, but as many years as I 've been here, it has really changed and I enjoyed it. Thank you very much. MAYOR MEYERS: Thank you, Max. -000- Councilman Samuel announced that "Sunday in the Park" will be hosted by the Beaumont Neurological Center on August 27th and he will be reading to the children. He also thanked -John Gorman and Luke Jackson for their assistance at the "Concert on the Move" at Magnolia Park Councilman Cokinos reported a good "Sunday in the Park" last week with a good attendance, good weather, and everyone had a super, good time. Councilman Lee announced "Main Street on the Neches" will be September 14, 15, and 16 and that he will be obtaining editorial coverage from the Houston Post and Houston Chronical for Beaumont and the event. Arrangements have been made for a cable network to cover the boat races and shown on a delayed basis. Councilman Lee thanked Council for their support in this effort. Councilman Brumley announced that the last "Concert on the Move" will be September 7th at Riverfront Park with Westbrook and Central High Schools performing. -000- Mr. Buddy Blake, 2098 McFaddin, addressed Council as a representative of Morningstar 189 and announced that after expenses, any proceeds remaining will go to the poor and needy and asked consideration of the City donating the facilities at Fair Park and Riverfront Park, or, at least deferring payment until all revenues in and not require the usual upfront payment of a deposit. Mrs. Diana Copeland, 1652 Avenue I, addressed Council again concerning flooding in her neighborhood and asked what plans have been made regarding the problem. Mr. Riley reported to Council that a lot is being done, not only for Avenue I, but the entire neighborhood and should have a response for Council within 30 days. -231- August 22, 1989 s Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to wish Mr. Patterson well in his move and discussed other areas of concern to him. Mr. Tony Sacker, 4635 Elmherst, addressed Council to express his opinion that he doesn' t think a Charter change will aid increasing voter participation in an election, but added he recognizes that voter turnout is a problem. Mr. Johnny Ware, 4355 Pine Street, addressed Council in objection to the $3 . 00 user fee on the water bill saying it is unfair to the poor people and that he supports a sales or property tax that will affect people with more money. Mr. Ware also expressed his opinion that there will be partiality shown in street repair. Mayor Meyers commented that all parts of the community will benefit from the street program equally. Mr. Roberto Flores, 2425 Buchanan, addressed Council to suggest that Council meetings be televised on City Scope Channel 31 so that citizens who are unable to attend the regular sessions will have the opportunity to see Council in action, in support of an at-large Council position on the ballot with ward candidates, and with the choices discussed today to be decided at an election by the citizens. -000- There being no further business, the regular City Council meeting was recessed for the City Council Workshop 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 August 22, 1989. Rosemarie Chiappetta City Clerk -232- August 22, 1989