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HomeMy WebLinkAboutMIN MAR 04 1986 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 4, 1986 - 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 4th day of March, 1986, with the following present: HONORABLE: William E. Neild Mayor Joseph D. Deshotel Councilman At Large G. Wayne Turner Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV C. A. Shelton Interim City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend William Fehl, Redeemer Lutheran Church. The Pledge of Allegiance was led by Mayor Neild. -000- Two proclamations were issued: "National Teachers- Day in Beaumont" - March 4, 1986 and a proclamation recognizing "The North Jefferson County Medical Auxilliary." -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held February 25, 1986; Resolution 86-76 authorizing the pledge of $500,000.00 in securities by Jefferson Savings and Loan Association and the release of $4,000,000.00 in securities by First City Bank of Beaumont, $1,000,000.00 in securities by Allied Bank - Beaumont, $2,040,157.00 by Fidelity Savings and $500,000.00 by Jefferson Savings and Loan Assosciation; Resolution 86-77 accepting for City maintenance the street and storm sewer improvements on 12th Street from Washington Boulevard north to Milam Street, a distance of 3,684 feet; water and sanitary sewer on 12th Street from Washington Boulevard north to Milam Street, a distance of 3,684 feet; and IH- 10 Frontage Road from Blanchette 486 feet north; and sanitary sewer only on Roberts from 11th to 12th Street; -41- March 4, 1986 Resolution 86-78 authorizing purchase of Parcels 62, 14,000 square feet, Lots 1 and 2, Block 28, Arlington Addition from Frances Rizzo Wilson at $25,000; #64, 7,000 square feet, Lot 3, Block 28, Arlington Addition from Lloyd and Melba Landry at $22,500 and X654, 9,936 square feet out of Lot 19, Block 34, Arlington Addition from Patrick H. Phelan at $76,405; needed for the M. L. King Jr. , Parkway/Spur 380 Project; and Resolution 86-79 authorizing payment of $3,882.37 to Mustang Tractor for the emergency repair of the landfill compactor. A resolution authorizing execution of a contract Charter Research for professional services rendered during February, 1986, in connection with organization of the Beaumont Business Development Corporation and payment to Charter Research of $4,114.00 was deferred for further considseration at City Council Workshop Session. Resolutions 86-76, 86-77 and 86-78 were approved on a motion made by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: All Nayes: None Resolution 86-79 was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Public comment was called for Agenda Items 2 through 11 : Mr. James D. McNicholas, attorney representing Brown & Ferris Industries, addressed Council concerning Agenda Item 6, the rejection of bids received on residential sanitation collection, and urged Council to postpone their decision for 90 days to allow a fair hearing by the newly seated Council. Messrs. C. L. Sherman, Jr. , 585 Belvedere, and Ed Orr, 3830 Evalon, addressed Council in opposition to the rejection of bids on residential sanitation collection. Mrs. Alice Brown, 2265 Jacobs, again addressed Council to present another petition containing approximately 53 signatures, to request removal of the Diamond Social Club, located at Jacobs and Irving, from their neighborhood. Mrs. Delia Harrington, 315 Willow, addressed Council concerning Agenda Item 6 in support of the rejection of bids for residential sanitation collection. -000- An ordinance changing the zoning from NC (Neighborhood Commercial) to GC-MD (General Commercial-Multiple Dwelling) on property at 5250 Helbig Road (requested by Morris Semien) was considered: -42- March 4, 1986 AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM NC (NEIGHBORHOOD COMMERCIAL DISTRICT) TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) FOR PROPERTY LOCATED AT 5250 HELBIG; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Samuel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Ordinance No 86-19 granting a Specific Use Permit for a bar and grill on property at 5250 Helbig Road (requested by Morris Semien) was considered: ORDINANCE NO. 86-19 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BAR AND GRILL ON PROPERTY LOCATED AT 5250 HELBIG ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved by amending the site plan to include requirements that the establishment be operated as a restaurant under the definition of restaurant under the Zoning Ordinance with sale of alcohol limited to beer and wine but not mixed drinks and being sold as an adjunct to food service only and for hours of operation to be limited to 9:00 a.m. to 12 midnight on a motion made by Mayor Neild and seconded by Councilman Samuel. Question: Ayes: Mayor Neild Nayes: Councilman Weisbach Councilman Deshotel Councilman Turner Councilman Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 86-18 calling the General Municipal Election and proposed Charter change amendments for April 5, 1986 was considered: -43- March 4, 1986 ORDINANCE NO. 86-18 ENTITLED AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 5TH DAY OF APRIL, 1986 AS PROVIDED BY LAW FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEN-AT-LARGE AND FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF BEAUMONT PROPOSITIONS FOR THE AMENDMENT OF THE CITY CHARTER; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; APPOINTING OFFICERS TO PROVIDE OVER SAID ELECTION; APPOINTING A CANVASSING BOARD FOR ABSENTEE VOTING; APPOINTING A MANAGER AND JUDGE OF THE CENTRAL COUNTING STATION; PROVIDING FOR NOTICE THEREOF; PROVIDING FOR JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Ordinance No. 86-20 establishing Industrial District No. 10 and authorizing execution of a contract with Texas Eastern Products Pipeline Company was considered: ORDINANCE NO. 86-20 ENTITLED AN ORDINANCE DESIGNATING A PART OF THE AREA LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BEAUMONT AS AN INDUSTRIAL DISTRICT AS AUTHORIZED BY THE MUNICIPAL ANNEXATION ACT; PROVIDING THE PURPOSE OF SUCH DISTRICT AND PROVIDING THAT SUCH DISTRICT SHALL BE KNOWN AS THE "CITY OF BEAUMONT INDUSTRIAL DISTRICT NO. 10." The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 86-21 establishing Industrial District No. 11 and authorizing execution of a contract with Chevron U.S.A. (Gulf-Lucas Terminal) was considered: -44- March 4, 1986 ORDINANCE NO. 86-21 ENTITLED AN ORDINANCE DESIG14ATING A PART OF THE AREA LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BEAUMONT AS AN INDUSTRIAL DISTRICT AS AUTHORIZED BY THE MUNICIPAL ANNEXATION ACT; PROVIDING THE PURPOSE OF SUCH DISTRICT AND PROVIDING THAT SUCH DISTRICT SHALL BE KNOWN AS THE "CITY OF BEAUMONT INDUSTRIAL DISTRICT NO. 11." The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 86-22 amending the Wrecker Ordinance by reapealing Section 29-78 requiring wrecker companies to show proof of cargo insurance coverage was considered: ORDINANCE NO. 86-22 ENTITLED AN ORDINANCE AMENDING CHAPTER 29, SECTION 78 OF THE CODE OF ORDINAiNCES OF THE CITY OF BEAUMONT CONCERNING CARGO INSURANCE FOR WRECKERS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 86-23 amending the budget to provide for the purchase of a confiscated vehicle (Court awarded 1984 GMC "Jimmy" to the City for the balance owed of $3,100 to L. Chaporral of Houston, Texas - book value $9,775 - vehicle to be used by the Special Services Detail of the Police Department) was considered: ORDINANCE NO. 86-23 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1985 AND ENDING SEPTEMBER 30, 1986 BE AMENDED TO REFLECT A TRANSFER OF $3,100 FROM THE POLICE DEPARTMENT'S BUDGET .ACCOUNT NUMBER 01-31.3-325 TO THE FLEET REPLACEMENT FUND ACCOUNT NUMBER 17-B98.6-230 FOR THE PURCHASE OF A CONFISCATED VEHICLE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. -45- March 5, 1986 The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Mayes: None -000- Resolution 86-80 rejecting bids on residential sanitation collection was considered. After a lengthy discussion, a motion to defer action was made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: Mayor Neild Mayes: Councilman Turner Councilman Councilman Weisbach Deshotel Councilman Brumley Councilman Councilman Moore Samuel Resolution 86-80 rejecting bids on residential sanitation collection was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: Councilman Mayes: Mayor Neild Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Resolution 86-81 accepting bids for repairs to a D-6 Dozer and a large Track Excavator used at the Landfill by Mustang Tractor at $16,877.44 was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Mayes: None -000- Resolution 86-82 authorizing execution of fiber optic cable licenses w/ MCI Telecommunications Corporation and U. S. Telecom, Inc. at $0.60 per linear foot less credit of $10.00 per linear foot to the communications companies for construction of sidewalks was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: Mayor Neild Mayes: Councilman Turner Councilman Deshotel Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- -46- March 4, 1986 Resolution 86-83 authorizing execution of an agreement with the Urban Mass Transportation Administration for the design and construction of an Off-street Transfer Facility for Beaumont Municipal Transit System (total estimated cost at $240,000 - City's share approximately $48,000) was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 86-84 authorizing execution of a License Agreement with Rosiek Construction Company to occupy the unimproved Beech Street right-of-way between 11th between 11th and 10th for a site for temporary construction office for approximately three (3) years for a one-time $500.00 license fee (contractor for State Department of Highways and Public Transportation's widening of Interstate 10 from 11th Street to the Neches River Bridge Project) was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 86-85 authorizing the Legal Department to commence eminent domain proceedings against Lucille LeBlanc, owner of Parcel 59, 8,097.8 square feet out of Lots 3 and 4, Block 34, Arlington Addition at State's approved value of $13,200.00 was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Councilman Samuel reported a complaint concerning poor drainage on .Johns between Royal and Franklin from Mrs. W. C. Ross, 1348 Johns, and .asked staff to respond to Mrs. Ross. -000- Mrs. Janie McLemore, 3735 Austin, representing the Beaumont State Center for Human Development, addressed Council to request expansion of the Special Transit Service for the handicapped, saying that the State Center has a long waiting list for the Service. Mr. Samuel Bean, 4695 Chadwick, addressed Council in support of the Community Development Block Grant Citizens Advisory Committee's recommendation for the establishment of the Beaumont Business Development Corporation. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -47- March 4, 1986 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 March 4, 1986, Myrtle Corgey City Clerk -48- March 4, 1986 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MARCH 4, 1986 MR. C. A. SHELTON, ACTING CITY MANAGER: Item 6, Your Honor, on February 25, 1986, the City Council reviewed the bids for residential sanitation collection and determined that the bids should be rejected. Consider a resolution that bids received for residential sanitation collection be rejected by the City of Beaumont. MAYOR NEILD• Any questions or comments? COUNCILMAN DESHOTEL: I was just going to say there were vapid questions raised and I just want to get input from the Council on the particular bids and some of the issues that were raised today, one in particular was the fact that the companies did not have an opportunity to present the bids publicly to the Council. I know that I reviewed them and imagine most of Council reviewed them. And, but, they felt that after preparing and spending the hours that they did preparing these bids to meet our specifications, they did not have the opportunity to let the public hear what the bids were and I want to get some feeling of Council on that particular issue and whether we should defer it. MAYOR NEILD• Well, it is my intention today to vote against rejecting the bids as an individual because- T believe in it and . . . but I certainly . . . with that . . . I am certainly willing to support deferral to some later date if that' s to keep the matter alive because I think it' s still a valid . . . a valid point, so. COUNCTLMAN DESHOTEL: Well, I 've spoken with a number of the companies and expressed my position currently I am opposed to contracting out of sanitation with the information that I have right now and think that' s the majority of the Council ' s feeling about that but he raised the valid issue as to an upcoming Council in the nature of an application of this particular issue whether, you know, the long term effects of this particular issue. I wouldn't oppose a deferral on it. I don't know that my mind can be changed as to what the most effective way of doing sanitation is but I just wanted to get some input. COUNCILMAN TURNER The only question that I have is relative to the four positions that are not up for election and if I could get an indication from any of them that deferral would be in order, I don' t have a problem with a deferral but I think to keep the turmoil out there in the city ranks, that' s my problem with it. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MARCH 4, 1986 Page 2 COUNCILMAN DESHOTEL: It is a problem, Wayne. I made a motion to defer it but I only said that they made some valid points. COUNCILMAN TURNER: I ' ll tell you what, I would make the motion to defer it if I could hear those kind of comments from any of the other four. COUNCILMAN WEISBACH: Well, my comment is that I have listened and I have not changed my mind . . . . . . of the constituents that I represent. COUNCILMAN SAMUEL: As far as my feelings about it, I think you've known all along it was going to take a strong . . . it was going to be hard to change my mind and at this point I am still leaning toward not contracting it out; however, the concern of not allowing proposals to be open to the public, allow them to know exactly what it entails, that is a valid point, whether it means public hearings or whatever. I would have no problems in deferring it, but, at the same time, that is keeping the fire still out there; but I just want it to be known that my position has not changed at this point, but I have no problems with deferral. COUNCILMAN BRUMLEY: I don' t know whether, as far as turmoil is concerned, I think that maybe I think it is going to be out there regardless. The way the bids were presented, you know, BFI ' s here, of all the propositions that were presented, the one that I was the least impressed with is the one that turned out to be the lowest bid. But, my position doesn' t have anything to do with jobs. It doesn't have anything to do with tension. It has to do with the fact that there is no war you can write a guarantee of satisfaction under the contract and there is a dimension that is an unknown and that is the lack of the ability of quality control that is if . . . . . . is broken, if there is a problem involved, that there is not a line of communication where it is taken care of right then by the City of Beaumont as it is right now. That' s it. But, as long as you are going to have the media going out and making the statement that we are going from what - a potential savings to a definite cost under an experimental program of $3 .0 million additional costs, I think the turmoil is going to be there at their request, at the media' s request, the newspaper's request, specifically, so that's . All that is to say, I don't think . . . I don' t see a way that I can change my position because there's nothing in the bids that will provide the quality of sanitation and garbage collection that their money is paying for because of the median of a private sector but as far as the turmoil is concerned. I think the turmoil sits right down here and I don't have any control over that so . . . and I can appreciate your position. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MARCH 4, 1986 Page 3 COUNCILMAN DESHOTEL: Yes, Mike, I agree to a certain extent with you and with Kell. My decision is basically based on what the communication I 've had from the community as to what they feel about contracting out. There are some people on both sides but the great weight of the communication has been in opposition to contracting out the sanitation but I just . . . my position has not changed but some valid points have been raised why we may want to wait and reconsider this but I certainly don't want to keep it out there for as an issue of controversary which may very well be what happens if we delay it. COUNCILMAN MOORE• I think everyone has spoken. Certainly my position has not changed from what it was last week. The only thing I am concerned now is what we can do internally to make our own present operation just that much more efficient and that' s exactly where I was when we started this conversation for contracting services out. I had an opportunity to review the bids and looking at that particular bid, that appears to be most favorable in terms of cost savings as presented to us. It seems to be the one that gives the most severe blow to the employees themselves and the other thing is we do lose control over the quality of service as well as the fact that after the contractural period where the rates go from there. My position has not changed. I 'd like to get about the business of making our present operation better because, sure, we picked up things besides, but I don't agree with the philosophy with everything they want to do. END OF EXCERPT. MAYOR NEILD called for a motion on the item. As recorded in Minutes, the following motions were made and action taken: Motion to defer action on a resolution rejecting bids on residential sanitation collection was made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: Mayor Neild Nayes: Councilman Turner Councilman Deshotel Councilman Weisbach Councilman Samuel Councilman Brumley Councilman Moore Resolution 86-84 rejecting bids on residential sanitation collection was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: Councilman Nayes: Mayor Neild Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore