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HomeMy WebLinkAboutMIN JULY 18 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 18, 1995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 18th day of July, 1995, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At Large Andrew P. Cokinos Councilman-At-Large Bobbie Patterson Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Ray A. Riley City Manager Tyrone Cooper Asst. City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Dennis Rozell, Highland Avenue Baptist Church. The Pledge of Allegiance was led by Mayor Moore. -000- One Proclamation was issued recognizing: "Mobil Oil Credit Union's Sixtieth (60th) Anniversary," July 30, 1995. -000- Mayor Moore announced that an executive session will be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Paul Van Slyke* et ux vs. City of Beaumont and Mark Spivey vs. City of Beaumont following the regular session of City Council. 173 July 18, 1995 Citizen comment was invited on the Consent and Main agendas. No one wished to address these topics. -000- The City Manager reported that an error identified by Councilman Cokinos on Consent Agenda Item d approving an historic preservation loan to Eric and Cathy Belt has been corrected to reflect $4,600.00 instead of$6,000.00 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 27, 1995; Resolution No. 95-167 authorizing NationsBank to pledge and release securities at a par value of$5,000.00 held at Federal Reserve Bank, Dallas, effective July 11, 1995; Resolution No. 95-168 accepting donation of Lot 7, Block 31, Arlington Addition from owners, Jerry Arnold Greenberg, Barnett Alvin Greenberg and Sylvia G. Friedland for the Charlton Pollard Neighborhood Revitalization Project; Resolution No. 95-169 authorizing approval of an historic preservation loan request for $4,600.00 to Eric and Cathy Belt from the Historic Preservation Loan Fund for exterior restoration of 2226 Evalon; Resolution No. 95-170 authorizing approval of an historic preservation loan request for $11,000.00 to Rette Browning and Les Warren from the Historic Preservation Loan Fund for exterior restoration of the residential structure located at 1792 Broadway; Resolution No. 95-171 authorizing approval of an historic preservation loan request for $11,000.00 to David M. Flynn from the Historic Preservation Loan Fund for exterior restoration of 1695 Milam; Resolution No. 95-172 authorizing approval of an historic preservation loan request for $20,000.00 to Marlin Williford and Bruce Irvine from the Historic Preservation Loan Fund for exterior restoration of 400 Orleans; Resolution No. 95-173 authorizing execution of bills of sale for the structure and remnant property located at 647 West Lucas to Brian and Cathie Ellis in the amount of$1,258.00 and for the sale and removal of property located at 647 West Lucas Drive to J. D. Koch, III in the amount of$12,288.00 in order to clear the rights-of-way for construction of the West Lucas Project; and 174 July 18, 1995 Resolution No. 95-174 authorizing settlement of the claim of Mary Tooley vs. City of Beaumont in the amount of$4,600.00. The Consent Agenda was approved on a motion made by Councilman Ames and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- Ordinance No. 95-41 adopting a new franchise agreement with Southwestern Bell Telephone Company in order for the City of Beaumont to accept its portion of the Southwestern Bell Litigation settlement fund of$1.6 million was considered: ORDINANCE NO. 95-41 AN ORDINANCE WHEREBY THE CITY OF BEAUMONT, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. Ordinance No. 95-41 was approved on its third and final reading on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-175 authorizing execution of an agreement with Entergy-Gulf States Utilities in the amount of$66,192.56 for installation of underground electrical distribution facilities at Collier's Ferry Park was approved on a motion made by Mayor Pro Tem Ames and seconded by 175 July 18, 1995 Councilman Patterson. Question: Ayes: All Nayes: None -000- Resolution No. 95-176 authorizing execution of an agreement with the Beaumont Junior Forum to produce the Babe Zahanas Female Amateur Athlete Award Ceremonies during the calendar years 1995 and 1996 with financial assistance underwriting the award in an amount not to exceed $35,000 each year was approved on a motion made by Mayor Pro Tem Ames and seconded by Councilman Patterson Question: Ayes: All Nayes: None -000- Resolution No. 95-177 authorizing a contract with Lamb's Office Products in the amount of $7,218.80 for estimated quantities of specific stock office supply items and a 39% discount for catalogue purchases for an estimated annual expenditure of$70,000 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-178 authorizing an annual contract with Sun Coast Resources, Inc. of Houston to provide transport deliveries of unleaded gasoline at $-.0077 per gallon and diesel fuel at $-.0063 per gallon below the weekly average price published for the area in O.P.I.S. and for tankwagon deliveries at $+.0479 above the O.P.I.S. for all types of fuel, an estimated annual expenditure of $550,000, was approved on a motion made by Mayor Pro Tem Ames and seconded by Mayor Moore, after Councilman Cokinos questioned the possibility of local purchasing and application of the sales tax formula. Question: Ayes: All Nayes: None -000- Resolution No. 95-179 authorizing a six-month contract with Pumpelly Oil Company of Lake Charles, Louisiana to furnish factory-sealed lubricants to the Fleet Management Division (15W-40 engine oil at$3.21/gal.; 30W engine oil at $3.09/gal.; automatic transmission fluid at $1.17/gt. and $3.30/gal.; automatic transmission fluid, Type F at$1.19/gt.; and hydraulic oil at $3.24/gal.) for an estimated expenditure of$28,200.00, upon notification by Tri-Con, Inc. that they will not be able to honor terms of their contract approved by Resolution 95-126 on May 2, 1995, was considered. Councilman Cokinos questioned transfer of the contract from a local vendor to an out-of-town 176 July 18, 1995 company. Staff reported that after the first delivery, Tri-Con, Inc. notified the City that their products are repackaged and not factory sealed, they could not meet specifications and were willing to withdraw from the contract, and Pumpelly Oil is the next low bidder. Resolution No. 95-179 was approved on a motion made by Mayor Pro Tem Ames and seconded by Councilman Patterson. Question: Ayes: Mayor Moore Nayes: Councilman Mayor Pro Tem Ames Cokinos Councilman Patterson -000- Resolution No. 95-180 authorizing a contract with Zerl's Welding and Fabrication for emergency structural repairs to the Loeb Ground Storage Reservoir that includes replacement of twenty-five (25) support columns in the amount of$54,000.00 ($26,000 less than the engineer's estimated cost of$76,000)was approved on a motion made by Councilman Patterson and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-181 authorizing final payment in the amount of $72,088.68 to Affolter Contracting Co., Inc. for remediation and drainage improvements at the Fire Training Grounds was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Councilman Cokinos commented that he was pleased with the result of the Fourth of July fireworks display and said it was well attended. City Manager Riley introduced Jamie Johnson, the new administrative assistant in the executive offices filling the position vacated by Arlana LeBlanc, who was then welcomed by Councilmembers. Councilman Patterson acknowledged attendance of Ward IV residents from the Pear Orchard and South Park area and thanked them for their interest in the community. Mayor Moore echoed comments of Councilman Cokinos about the Fourth of July fireworks display being a grand event, complimented the hard work of the Symphony, First Baptist Church and City Staff for the successful venture. Mayor Moore pointed out that on the Consent Agenda, Council accepted donation of property for revitalization of the Charlton-Pollard Neighborhood and said that 177 July 18, 1995 throughout his twelve (12) years of tenure on Council, whenever this community bonds together for a project, there are those who come to the forefront with contributions of property, time, creative talent or whatever is needed, and today it is Jerry Greenberg, Barnett Greenberg and Mrs. Sylvia G. Friedland donating property and commended their attitude and community spirit. For the record, Councilman Cokinos inquired if the contributors were children of Sheldon or Izzie Greenberg? No one knew the contributors' heritage. Also, Mayor Moore said that Hershel Walker, former Dallas Cowboy and Heisman Trophy winner, was in Beaumont last evening, and he had an opportunity to meet and talk with him. He said that he was impressed with Mr. Walker's workout regimen of 3,000 sit-ups at the beginning of his day and 5,000 push-ups throughout the day! Including Hershel Walker, Mayor Moore commented that he has met several other dignitaries visiting Beaumont in recent weeks who have all voiced the presence of warmness they feel in our community and asked citizens to continue in this vein of hospitality. -000- Mr. Tony Sacker, 4635 Elmherst, addressed Council to compliment Solid Waste Director John Labrie for his assistance and prompt attention to a litter problem on Frint Road and to suggest that some special recognition be given Parks and Recreation Director Luke Jackson for his outstanding service to the community. Mr. Tom Morgan, 7875 San Diego, addressed Council to ask consideration for development of a plan for automatic withdrawal from checking accounts for payment of water bills and added his endorsement for allowing local companies the opportunity to meet low bids for items, even if their bid is initially higher, and keep money in the community. Mayor Moore asked the City Manager to investigate bank drafting for water bills and told Mr. Morgan that the City of Beaumont always encourages local entities to bid, that we are bound by the competitive bid process and get better bids when local entities know they have to be competitive with other groups, but that in spending tax dollars, the City has to responsibly take the lowest bid and are pleased when it is a local company. Mr. Robert Lynn DeMary, 430 East Elgie, announced for the Beaumont Federation of Neighborhoods, that "Citizens on Patrol" will conduct another training school in the later half of September. He said this school will be open to all neighborhood associations and recommend that those interested in participation should contact Captain Crutchfield, Lieutenant Manning of him to schedule a speaker for their meeting to explain the program and distribute applications to their volunteers. Mayor Moore thanked everyone for attending Council, acknowledged a young man in the audience and invited him to the podium to introduce himself. Joshua Pero, 6865 Rosewood, said he is a Boy Scout working on his Citizenship in the Community Badge. 178 July 18, 1995 There being no other business, the regular session of City Council was recessed to reconvene in executive session. 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 July 18, 1995. Rosemarie Chiappetta City Clerk 179 July 18, 1995