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HomeMy WebLinkAboutMIN AUG 21 1990 REGULAR SESSION CITY COUNCIL CHAMBERS HELD AUGUST 21, 1990, 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 21st day of August, 1990, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Mayor Pro Tem Councilman At Large Brian R. Alter* Councilman At Large Lulu L. Smith Councilman, Ward I 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 Rosemarie Chiappetta City Clerk (*Councilman Samuel arrived at 2 : 07 p.m. ; Councilman Alter arrived at 2 : 27 p.m. ) -000- The Invocation was given by the Reverend Delmar Dabney, Cathedral in the Pines Christian Center. The Pledge of Allegiance was led by Councilman Smith. -000- Two Proclamations were issued: "Lions Bowl-A-Thon Day, " August 25, 1990; and "Pastor Delmar Dabney Day, " August 25, 1990 (in commemoration of his twenty years as pastor of Cathedral in the Pines Christian Center and service to the community) . -000- Mayor Lord welcomed Councilman Billy Doornbos of Nederland to the meeting. -000- Mayor Lord announced an Executive Session will be conducted immediately following the Workshop Session in accordance with Section 2 (e) of the Open Meetings Act of the State of Texas to discuss pending or contemplated litigation. -208- August 21, 1990 Citizen comment was invited on the Consent and Main Agenda items. Mr. Ted Walker, on behalf of the Porter Company and Tri-Tex Paving and Construction Company, addressed Council to protest passage of Agenda Item No. 1 awarding a contract to bidders from the August 14, 1990 Bid Opening for overlay resurfacing in the Major Street Rehabilitation Program. Mr. Walker said his clients were the lowest responsible bidders at the original bid opening. He complained that Council looked beyond the responsibility and qualification of the Porter Company into the background of the subcontractor, Tri-Tex Paving, and determined them not qualified because of breach of prior agreements even though they are an approved Minority Business Enterprise and urged Council to take time to rethink their position. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session conducted August 14, 1990; Resolution No. 90-168 authorizing Texas Commerce Bank - Beaumont to pledge $200, 000. 00 in securities with the Federal Reserve Bank - Dallas/Houston Branch, effective August 16, 1990; and Resolution No. 90-169 appointing Elmer E. Embs to the Planning Commission for a term ending July 31, 1992 . The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- After a short discussion concerning the Minority Business Enterprise subcontractor and bid specifications, Resolution No. 90-169 awarding a contract for the overlay resurfacing of some 34 miles of streets (portions of Calder, Seventh, Cartwright, College, Fourth, Grand, Irving, Magnolia, Neches, North, Orleans, Pearl, Stagg, Trinity, Virginia, Washington, Avenue A, Bigner, Blanchette, Bowie, Bristol, Callaghan, Delaware, Eleventh, Fannin, Florida, Gladys, Gulf, Langham, East Lucas, Milam, Montrose, Pine, Tram, Twenty-Third, and Walden) in the 1990 Major Street Rehabilitation Program to Bo-Mac Contractors, Inc. in the amount of $2, 101,562 .56 was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No 90-45 prohibiting the scavenging of recyclable materials -209- August 21, 1990 placed out for collection in residential areas, making it unlawful for anyone other than the resident or an authorized carrier to remove, pick up or transfer recyclable materials left at the curbside, and establishing a fine of $25. 00 for the first conviction of each violation, $100.00 per violation for the second conviction, and $200. 00 for each violation for subsequent convictions was considered: ORDINANCE NO. 90-45 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW SECTION 28-20. 15 PROHIBITING SCAVENGING OF RECYCLABLE MATERIALS FROM RESIDENTIAL AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Ordinance No. 90-45 was amended to include scavenging or removal of the containers, as well as the recyclable materials, as an offense and approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 90-171 authorizing an escrow agreement with the State Department of Highways and Public Transportation whereby the City would deposit $257, 236.56 in escrow for relocation of 5, 600 feet of 8" water lines and 4,700 feet of sanitary sewer lines which are in conflict with the State' s proposed widening of State Highway 105 to five lanes between Eastex Freeway and Keith Road was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 90-46 establishing a temporary reduced speed school zone on North Street, from a point 130 feet west of the center line of Center to a point 220 feet west of the center line of Oakland in the vicinity of Dick Dowling Elementary School, due to a delay in the opening of the new Homer Drive School and in the closing of Dick Dowling Elementary was considered: ORDINANCE NO. 90-46 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SCHOOL ZONE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Moore questioned the need for school crossing guards. Mr. -210- August 21, 1990 Riley replied that according to his understanding, all children will be bussed from Homer Drive School and no one will be walking, but he will confirm his information. Ordinance No. 90-46 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 90-47 repealing Section 2-50 of the Code of Ordinances which created the Health Advisory Board, a task oriented committee which has accomplished its original objectives and whose members' terms have expired, was considered: ORDINANCE NO. 90-47 ENTITLED AN ORDINANCE REPEALING SECTION 2-50 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT WHICH CREATED THE HEALTH ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL. Ordinance No. 90-47 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- (Councilman Samuel arrived at 2: 07 p.m. during discussion of Resolution No. 90-172 . ) Resolution No. 90-172 authorizing a development agreement for Phase II of the Stedman Building Project with Fidentia Development Corporation, which would include City participation in public improvements involved in relocation of overhead power lines and streetscaping not to exceed $300, 000, improve the parking facility known as the triangle lot and lease it to the developers for a five-year period, recommend historic preservation tax abatement to the building site for a maximum of ten (10) years, and agreement in principal that any industrial development within 300 feet would adversely affect development of the site, and also agree in principal that Crockett Street may be closed between Park and Neches and assist and support securing approval for the closure was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Cokinos Councilman Smith Councilman Goodson Councilman Moore Abstention: Councilman Samuel -211- August 21, 1990 Councilman Samuel asked that someone from the Sanitation Department be advised to pick up items that have been dumped on Bennett Road. Councilman Moore reminded everyone that school will soon be starting and to drive cautiously. Councilman Goodson reported that a lot of traffic is being rerouted onto Nineteenth Street because of Interstate construction and asked if a letter could be written to residents in that area explaining the time frame of this inconvenience. He said there is concern about the truck traffic, and there are a lot of children in that area. -000- Mr. Frank Kiefer, 3190 Willowood, introduced his granddaughter, Kristen Massey, to Council. He explained this is her first experience attending a Council meeting. Mr. Kiefer discussed the feasibility of converting City vehicles to use liquid natural gas to reduce operating costs, to reduce environmental emissions, and dependency on foreign oil, asked that consideration be given to extending the use of wading pools in City parks to the beginning of May until the end of September to allow pre-school children use of the pools, and asked that Council work with the Department of Public Safety to control the speed of motorists through the construction area on Interstate 10. Mayor Lord invited Kristen to come forward to individually meet Council members and to shake their hands. Mr. Forrest "Ted" Posey, 3695 Edmonds, addressed Council on various personal items and complimented Mayor Lord for her participation in the Foster Grandparents Program recently conducted at the John Gray Institute. (Councilman Alter arrived at 2 :27 p.m. while Mr. Dannenbaum was speaking. ) Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to compliment the young people who helped at Some Other Place this summer. -000- There being no other business, the meeting was recessed before continuing with the 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 21, 1990. Rosemarie Chiappetta City Clerk -212- August 21, 1990 EXCERPT 8/21/90 CITY COUNCIL MEETING CITIZEN COMMENT - ATTORNEY TED WALKER MAYOR LORD Now, at this point, I will tell you that we have an opportunity for anybody with us to speak on two occasions to us. If they wish to speak to any item on the Consent Agenda or the Main Agenda, the time would be now. If it's a matter relative to some other item of business, you would speak at the close of the business meeting. . . (read Executive Session notice) Now, I will ask at this point, is there anyone who wishes to address something on the Consent Agenda or the Main Agenda item? Yes sir, would you please give your name and address for the record. ATTORNEY TED WALKER Your Honor, my name's Ted Walker. I'm here on behalf of the Porter Company and Tri-Tex Paving and Construction Company. With all due respect, I 'm here to protest the action of Council today with respect to Agenda Item No. 1, the award of the resurfacing project to the bidders who submitted bids this past week after the original bids were rejected by the City. My clients, having been the lowest and most responsible bidder, as recommended by Mr. Riley to the Council. The Council, as I 'm sure all of you aware then delved past and beyond the responsibility and the qualification of the bidder, the Porter Company, into the background of the sub-contractor, Tri-Tex. It, in breach of it's prior written agreements, the City's prior written agreements with the principals of Tri-Tex, determined that Tri-Tex was not qualified to do the work, despite the fact that Tri-Tex's been approved by this very City government as a minority business enterprise and then rejected these bids without any legal basis whatsoever. These people have been life- long residents of this city. They've worked with the City before. The City has, sure they've had disputes with them before, but the City recognized its position there and offered settlement to these people. And, now to come back several years later, on the very first opportunity that they've had to try to do work for the City, and then reject their low bid simply because of the past is clearly not right, and we want to urge the City Council to take some time to rethink its position before it moves forward on this project and take this opportunity to correct wrong that is being perpetrated. And, with that I would, I would be glad to answer any questions that any of you might have. MAYOR LORD I think, at this point, Mr. Walker, we'll just thank you for your comments, and they are entered into the record. MR. WALKER Thank you. MAYOR LORD Is there any other citizen who would like to address any item on the Consent Agenda or the Main Agenda? If not, at this point, I will turn it over the City Manager. Mr. Manager, please. END OF EXCERPT