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HomeMy WebLinkAboutMIN MAY 20 1986 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 20, 1986 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 20th day of May, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos 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 Albert E, Haines City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Very Reverend Ben Shawhan, associate pastor of St. Stephens Episcopal Church. The Pledge of Allegiance was led by Councilman Brumley. -000- Several proclamations were issued: "Texas Buckle Up Week" - May 22-29, 1986; "Buddy Poppy Days in Beaumont" - May 24 and 31, 1986; "Bid Respurce Center Day in Beaumont" - May 22, 1986; "Say No Day in Beaumont" - May 22, 1986 and "Beaumont Tourism Week" - May 18-24, 1986. -000- « MAYOR MEYERS: Weeding through each piece of information that we discussed, somewhere in each proclamation is relationship to jobs and business and industry and I think it would be safe to say if I were to ask anybody here how they would feel about an industry that might provide anywhere from 35 to 45 jobs, we would surely all react very positively. I take an opportunity today just to recognize the fact that, while we have to continually strive for the creation of jobs in situations like that, that many times in our community we are walking by the heros, the people who I think really need to get the pat on the back every day, every week, who step out' anA open a business and may have 2, 3, 4 or 5 jobs that are being provided; , but, the number is the same. And, the First Stop Business Center here in Beaumont has been actively working to help people get into business and start new businesses and create new jobs. And, I had asked Barbara Perry, who is in the back, to do a little bit of research and provide for me some information relative to some of these businesses that have come through First Stop Business Center. She did so and I would like to read some names of some of these businesses and then ask them, if they are present, to stand. I chink that the heros in our City really now are the people who are stepping out and opening businesses and taking the risks and accepting the challenges to provide a better economy for us. -85- May 20, 1986 ' Mayor Meyers recognized .the following new businesses: Action Pest Control; Norma Jean's, Inc. ; Sound Shop; Karmelkorn; Sylvan Learning Center; Cindi Jester, Interior Design; Buckley's Remodeling Service; The Sabine Tractor Service; Beautiful Beginnings by Brenda; Intra Mark Data;, Satellites Plus; J & L Instrument Service Company and the Old Crockett Street Market. In conclusion, Mayor Meyers said: "I would say these people ought to be applauded just as though I told you today that representatives of the firms I just mentioned are the exact same number if I said to you would you like to welcome a company into into our community that would provide 41 jobs - that exactly what these people have done and we applaud you for it. " -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held May 13, 1986; Resolution 86-156 authorizing the pledge of $500,000 in securities and release of $500,000 in securities held as collateral by Jefferson Savings and Loan of Beaumont for City depositories; Resolution 86-157 authorizing Albert E. Haines, Betty Dunkeriy and Walter Thomas as signatories for banking, investment and facsimile purposes and Lucy Blackstock, Albert E. Haines and Betty Dunkerly as signatories for the "Collection Agency Escrow" account no. 0823443; Resolution 86-158 authorizing purchase of Parcel 79 (568 square feet out of Lot 12, Block 2, Gentz Addition - partial taking) from Kay Francis Fontenot at $369.00; Parcel 88 (8,675 square feet out of Lot 9, Block l' of Gentz Addition) from Johnnie Gay Welborn at $7,375.00; Parcel 160 (7,044 square feet out of Lots 1 & 2, Blk 5, Gray Addition) from Ann Marie Grimes and Eloise Barrick Green at $8,000.00; Parcel 102 (7,296 square feet out of the David Brown League) from . , Edler C. Crawford at $20,500.00 and Parcel 119 (6,591 square feet out of the David Brown League) from Joe Aaron Bloodsworth at $42,000 for the M. L. King, Jr. , Parkway/Spur 380 Project; authorizing the City Manager to grant easements out of Parcels 102 and' 119 to the Kansas City Southern Railway Company for relocation of their railroad facilities and execution of deeds conveying the ,property to the State subject to the easements; Resolution 86-159 authorizing execution of a "License to Encroach" on 5-1/2 feet of an existing 8-f6ot utility easement across the rear of Lot 21, Block 3, Wescalder Estates, to Mr. William Martin, Jr. , for a portion of a bathhouse and a concrete deck built on the easement at a one-time license fee of $500.00; Resolution 86-160 authorizing execution of a license agreement with American Valve and Hydrant for the installation of an overhead ,telephone cable across the 3,300 Block of Hollywood Avenue at a one-time license fee of $500.00; -96- May 20, 1986 Resolution 86-161 authorizing purchase of cement stabilized sand (1-1/2 sacks at $7.95 per ton and 2 sacks at $9.95 per ton) for use by the Water and Sewer (approximately 1600 tons) and Street (approximately 400 tons) Divisions; and Resolution 86-162 authorizing purchase of a tractor with a rotary cutter for use , by the Parks and Recreation Department to cut ditches and rights-of-way from Case Power and Equipment at $26,949.00. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- A public hearing was held to consider the Community Development Block Grant Fund allocations (Rehab Loans and Grants at $833,730.00; Code Enforcement at $32,000.00; Neighborhood Housing Services/Revolving Loan Fund and Administration at $100,000.00; Historic Preservation/Revolving Loan Fund at $26,024.00; Special Activities by Subrecipients/Innovative Housing Development Corp. at $100,000.00; Special Activities by Subrecipients/BUILD at $6,000.00; Charlton-Pollard Neighborhood Improvements/Bike Path & Pedestrian Cross Walks at $10,000.00; Park Improvements at $56,500.00; Public Services at $50,000.00; Economic Development/Small Business Investment Co. at $110,000 00; Planning & Management at $11,355.00 and Community Development Block Grant Administration at $237,474.69 - total at $1,573,083.69) No citizens wished to address the Council; the public hearing was closed. -000- A resolution approving the 1986 Community Development Block Grant Citizens Advisory Committee's recommendations for allocation of funds and authorizing M, submission of the CDBG Final Statement of Objectives and projected use of funds in the amount of $1,573,083.69 to the Department of Housing and Urban Development for approval was deferred to allow City Manager Haines time to review portions of the program on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Public comment was called for Agenda Items 2 through 7. Mr. Mike Fuller, 1420 Lindbergh, Beaumont Scale Company, addressed Council concerning Agenda Item 7 (resolution authorizing re-award of bid for two electronic truck scales). Mr. Fuller and City Attorney Lane Nichols told Council that State statute allows for a waiver of the Performance Bond but no provision is made for waiver of the Payment Bond, both of which are required in the bid _. specifications for this equipment. It was further stated that insurance companies will not issue payment bonds only and Mr. Fuller was unable to obtain a Letter of Credit as a substitution for the Payment Bond. No other citizens wished to address this portion of the meeting. -97- May 20, 1986 Ordinance No. 86-48 amending the fiscal year 1985-1986 budget was considered: ORDINANCE NO. 86-48 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1985 AND ENDING SEPTEMBER 30, 1986 BY REDUCING THE NUM- BER OF ALLOCATED POSITIONS IN THE EXECUTIVE DEPARTMENT AND THE ADMINSTRATIVE SERVICES DEPARTMENT, INCREASING THE NUMBER OF POSITIONS IN THE FINANCE DEPARTMENT, AND AMENDING THE FISCAL LINE ITEMS OF THE BUDGET; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. and Ordinance No. 86-49 amending Chapter 2 of the Code of Ordinances, providing for restructuring of the Finance Department, was considered: ORDINANCE NO. 86-49 ENTITLED AN ORDINANCE DEALING WITH THE DUTIES OF THE DEPARTMENT OF FINANCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinances No. 86-48 and No. 86-49 were approved on a motion made by Councilman Weisbach and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Resolution 86-163 awarding bids for the sale of surplus City-owned property to Eddie Ward, Jr. , for Parcel 1, Lot 3 & south 15 feet of Lot 4, Block 6, Virginia Estates at $3,500.00; G. J. Davis for Parcel 3, Lot 136, Block 13, Herring Addition at ;3,000.00; Daryl Eller* for Parcel 9, Lot 9, Block 1, University Place Second Addition at $1,500.00; Roy D. Ellis for Parcel 10, Lot 10, Block 1, University Place Second, Addition at $2,000.00 and Parcel 11, Lot 9, Block 2, University Place Second Addition at $1,500.00; Clarence Guidry, Sr. , for Parcel 13, 4,488.7 square feet "out of Tract 13, Plat B-12, J. W. Bullock'League at ;1,000.00; rejecting bids for Parcels 2 (Tract 31, Plat F, David Brown League); Parcel 4 (Tract 19-A, Plat M, D. Brown League); Parcel 5 (4,675 square feet out of Lots 1, 2 & 3, Block 2, J. D. Adams Addition); Parcel 8 (Tract 44, Plat D-19, A._ Williams League); Parcel 12 (Lot 10, Block 2, University Place Second Addition); Parcel 14 (16,958 square feet out of the north portion of Tract 2, Plat Q, David Brown League and deferring action for Parcels 15 4Spindletop Park) and 16 (Parke and Recreation Building) was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ages: All Nayes: None -98- May 20, 1986 Messrs. Daryl Eller and Roy D. Ellis submitted identical bids of $1,500.00 for Parcel 9 (Lot 9, Block 1, University Place Second Addition. A coin was tossed by Assistant City Attorney Tyrone Cooper during the session. Mr. Ellis called "tails" but "heads" won. -000- Resolution 86-164 adopting the Minority Business Enterprise Program Policy Manual was approved on a motion made by Councilman Lee and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- A resolution authorizing Change Order No. 1 to the contract with Swain Company in an amount of $46,104.00, for improvements to the Henry Homberg Golf Course by increasing the amount of the concrete cart paths from 10,600 square yards to 13,990 square yards increasing the contract from $388,853.60 to $434,957.60, was deferred for one (1) week on a motion made by Councilman Samuel and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- A resolution authorizing re-award of a bid to C.M. I. Weighing Equipment Division for purchase of two electronic truck scales in an amount of $92,917.00 to be installed at the entrance of the Landfill site on Lafin Road (bid originally awarded to Beaumont Scale Company at $84,750; Company could not furnish a performance bond or a payment bond as required in the bid specifications - Cashier's Check in the amount of $4,237.50 will be forfeited to the City) was deferred on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- A public hearing to consider dilapidated structures was held: 1845 BOLIVAR - Joseph Zeno, owner (19 violations), recommendation to raze within 30 days; 2055 CARTWRIGHT - Fedro Gatlin, owner (12 violations), recommendation to raze or repair within 30 days and 2055 CARTWRIGHT GARAGE (7 violations), recommendation to raze or repair within 30 days; 1224 CENTER - Ela Mae Bennett, owner (14 violations), recommendation to raze or repair within 30 days; 370 CHARLOTTE - Gordon W. Maxwell, owner (14 violations), recommendation to raze or repair within 30 days,;, 4375 CONGRESS - Arcel Seaman, owner (7 violations), recommendation to raze or repair within 30 days; 1200 EAST DRIVE - Peg Cavinder c/o M. L. Perkins, 'owner (14 violations) recommendation to raze or repair within 30 days; 2003 IRVING - Adam Coward, owner (14 violations), recommendation to raze or repair within 30 days; 2003 IRVING REAR GARAGE - Adam Coward, owner (4 violations), recommendation to raze within 30 days; 5415 McANELLY - L. W. Moncrief c/o Donald L. Boudreaux, owner (16 violations) recommendation to raze within 30 days; 2123 POPE - Grogorio & Mary H. Varela, owners (14 violations), recommendation to raze or repair within 30 days; and 1182 THREADNEEDLE -_ Laurel Edwards, owner (1 S' violations), recommendation to raze within 30 days. -99- May 20, 1986 In addition, the Housing & Neighborhood Conservation Department/Code Enforcement Division is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the 'cost of the demolitions: 1015 AVENUE D - Joe J. Ruiz, owner (14 violations); 3055 W. CROCKETT - Booker Fayson, owner (11 violations); 3390 ECTOR - James Bodin, owner 11 violations); 5220 HELBIG - Reverend & Mrs. I. T. Gluston, owner (15 violations); 1492 OAKLAND - East Mount Olive Baptist Church, owner (11 violations); and 1325 VAN BUREN - Lewis H. McCarty, owner (7 violations). Mr. Joe J. Ruiz, 1675 Gilbert, owner of the structure located at 1015 Avenue D, addressed Council to request that he be granted additional time to rehabilitate the structure. Mrs. Mary Louise Perkins, owner of the structure located at 1200 East Drive, addressed Council to request additional time for the rehabilitation of the s tru.c tore. Mr. L. W. Moncrief, owner of the structure located at 5415 McAnelly, and Mr. Don Boudreaux, attorney representing Mr. Moncrief, addressed Council to request additional time for the rehabilitation of the structure. There being no one else to address Council concerning the above-listed dilapidated structures, the hearing was closed. Ordinance No. 86-50 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 86-50 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO « BE PUBLIC NUISANCES, AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABIITY AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR PENALTY. The ordinance was approved with amendments to remove 1015 Avenue D from the demolition list and to allow 60 days for raze or repair of the two (2) structures located at 1200 East Drive and 5415 McAnelly on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Mayor Meyers recognized students of the 8th grade of All Saints Episcopal School who, as a class project, made suggestions for the revitalization of the Central Business District.. The information provided by the students was given to Mrs. Lure Burns, representing Goals for Beaumont, who was present at today's session. -000- -100- May 20, 1986 4 t Councilman Moore complained about vandalism at Sprott Park, Virginia at Usan, and said that it was not useable because of the destruction. He also requested a traffic speed study on.Virginia from Avenue A to South 4th Street. In addition, Councilman Moore reported the need for attention at the Pine Street Boat Ramp. Councilman Samuel again mentioned the need for a "Crime Stoppers" program for City parks. He also questioned the status of his request for an ordinance dealing with Hazardous Waste management and disposal. -000- EXCERPT COUNCILMAN COKINOS: Mayor, I'd like to take this opportunity to commend the Beaumont Police Department and its Special Weapons and Tactics Team on their handling of the very life-threatening situation that was on Calder and 11th Streets. And, I happened to be in that area at that time and observed what took place and I was greatly impressed with these officers, how they handled their job and how they handled their situation. And, I feel that these officers should be highly commended for the training and skill they have to protect the citizens of Beaumont. And, also, Mr. City Manager, I had the opportunity to observe some of the problems that they had of inadequate equipment; that was in their van. I would call it a van, but, actually, it was a small pickup truck that 11 officers had to change their clothes, throw their clothes into the van, and it concerned me very much that they would have to go through . .. They are putting their lives in their hands . . . on the line and 11 officers had to change in this little truck - little old panel truck. And, I feel that somewhere down the line that the City of Beaumont may have a little minibus or something or a van that could possibly be rehabilitated in the City garage to enhance their safety and enhance their inconvenience that they had to go through. And, I wish that you would look intq this matter and maybe we can find better facilities for them to dress and put on their armor and' "' be a little bit more convenient for them. Could you look into that, Sir? END OF EXCERPT. -000- Mayor Meyers welcomed Don Pumphrey, Mike Eagin, Bridgett, Mark, Glen Rose and Roxanne Ritter, Lamar University students, who made a presentation concerning economic development and,small businesses' relationship for the total picture for a community, developed as ,part of the activities required for their professional business and professional speaking courst at Lamar. -000- Mr. Mike Fuller, Beaumont Scale Company, again addressed Council concerning the item for.purchase of the electronic truck scales for the, Landfill. -101- May 20, 1986 s ' Mr. Gene Darst, 585 Iowa, addressed Council to speak in opposition to any increase in property taxes. -000- Mayor Meyers called an Executive Session, pursuant to Section II of the Texas Open Meetings Act to discuss pending settlement of the Gulf States Utilities rate case, to be held immediately following the City Council Workshop Session. -000- There being no further business, the session was recessed before continuing with the City Council Workshop Session. -000- 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 May 20, 1986. Myrtle Corgey City Clerk • w -102- May 20, 1986 M I N U T E S CITY COUNCIL MEETING May 20, 1986 After an Executive Session in which the Gulf States Rate litigation was discussed, the Council reconvened in Open Session and received a recommendation from Lane Nichols, City Attorney, as follows : The city should agree to a settlement of the pending GSU rate case containing these elements: 1 . That the City agree to a base rate reduction of Eighty Million Dollars ($80,000,000) associated with GSU' s request for a rate increase. Also, rate reductions associated with the reduction in the cost of fuel should be determined by the staff of the PUC and Gulf States and provided to the rate payers. 2. GSU and the City should cease all litigation until and if another rate case is filed by GSU specifically including any litigation concerning the Southern Company contract and pending litigation concerning the appeal of the 1984 rate case. 3 . The city should agree to certain "accommodative accounting" treatment of expenses related to River Bend when it commences commercial operation. This accounting treatment will allow GSU to continue to capitalize the carrying costs of construction of the River Bend Plant. 4. GSU should be required to pay all of its rate case expenses and not recover same through this rate case nor any other future rate case. 5 . The return on common equity should be set at fifteen percent ( 15%) . 6 . Refunds associated with this reduction should be made to all rate payers effective February 3 , 1986. This recommendation by the City Attorney was approved by the City Council with a 4 to 1 vote with abstentions by Councilman Nell Weisbach and Councilman Bob Lee. (Requested by Councilrr Cokinos) EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MAY 20, 1986 City Manager Haines introduced Item 2 of the Agenda, an ordinance amending the fiscal year 1985-1986 budget: COUNCILMAN COKINOS: Excuse me, Mr. City Manager. According to Article VI, Section 6, of the City Charter, we need to have a public hearing on this. If the Charter does not apply, I would like to have an opinion from the City Attorney for the record before we vote or discuss Agenda No. 2. CITY ATTORNEY LANE NICHOLS: It is our opinion, Councilman, that provision of the Charter deals to changes in the budget after the presentation by the City Manager but before the final adoption by the Council and it deals with the necessity of notice should there be an increase in any item of expenditure that's different from that City Manager-presented budget and before its adoption by the Council. After the adoption by the Council of the budget, it may be amended by the Council as any. . .by treating it as any other ordinance. COUNCILMAN COKINOS: Well, it's my understanding, Mr. Nichols, that any change on the budget of '85- 86, it falls in that Article VI, Section 6, of the City Charter. MAYOR MEYERS: I can't quote that . . . I'd have to yield to the Attorney to know if this violates what's understood within the Charter. You are going to have to be the answer man. CITY ATTORNEY: Well, my answer is the same - that this provision does not deal with any amendment to an already adopted budget but deals in changes in the City Manager-presented budget. Those of you have been through the budget process know that there is a period of time after the City Manager presents his budget and then there are hearings held on that budget. Should there be an additional item of expenditure added, then another public hearing is required before its adoption. It is my opinion this does not apply to any amendment MAYOR MEYERS: Do you mean structural versus financial? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MAY 20, 1986 Page 2 CITY ATTORNEY: Well, having to do with the proposed budget as opposed to the already adopted budget. COUNCILMAN COKINOS: But, you are changing the budget, Mr. Nichols . . . CITY ATTORNEY: That's right. COUNCILMAN COKINOS: . . . so, I still stand on Article VI, Section 6, of the City Charter that we can't proceed with this. CITY MANAGER: Mayor, if I understand correctly, the City Attorney has opined that this can be handled as a normal ordinance change and it is being submitted to you in that context; therefore, I recommend that you adopt the ordinances as they are presented to you, specifically consolidating Finance, Internal Audit, Budget & Research, as I presented to you last week in Work Session. My opinion, and it still stands, that these changes will improve internal controls, will result in more effective and efficient operations within the financial . . . the context of our financial operations in the City. There is no new appropriation being called for here and this enables me, if you will, to proceed ligitimately to do it and, secondly, you have before you an ordinance that would provide for a restructuring of positions to proceed. COUNCILMAN COKINOS: Have we got an official ruling from Mr. Nichols on this. MAYOR MEYERS: Yes, his ruling is that it is allowable by the Charter. COUNCILMAN COKINOS: Even though you are changing the budget . . . making changes to the budget? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MAY 20, 1986 Page 3 CITY ATTORNEY: Yes, sir. I recognize that what we have is a change in an item of expenditure but reading in context really Sections I through VI and dealing with the way we've interpreted in the past and which I still agree to be accurate, it is clear to me that this is dealing with the proposed budget as opposed to the adopted budget and that this section does not have to be followed in amendments to the existing adopted budget by the Council. COUNCILMAN COKINOS: Thank you, Mr. Nichols. END OF EXCERPT