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MIN FEB 25 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 25, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 25th day of February, 1992 , with the following present: HONORABLE: Evelyn M. Lord Mayor Lulu L. Smith Mayor Pro Tem Councilman, Ward I Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Guy N. Goodson Councilman, Ward II Audwin Samuel* Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk * (Councilman Samuel arrived at 1: 33 p.m. after presentation of the first Proclamation. ) -000- The Invocation was given by the Reverend Robert Turnage, pastor at Victory Temple Assembly of God. The Pledge of Allegiance was led by Mayor Pro Tem Smith. -000- Two Proclamations were issued: "National Trio Day, " February 29, 1992 (recognizing a program established in 1965 to help disadvantaged students enter college and designed to help overcome class, social and cultural barriers) ; and "Red Cross Month, " March, 1992 -000- Citizen comment was invited on the Consent Agenda and Items 3 through 7 on the Main Agenda. No one wished to address these subjects. -000- The City Manager stated that Agenda Item J on the Consent Agenda authorizing repairs to an emergency generator has been removed and deferred in order to obtain additional information for future review by Council. -51- February 25, 1992 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held February 18, 1992 ; Resolution No. 92-53 authorizing release of $600,000.00 in securities and pledging $650,000.00 in securities with the Federal Reserve Bank - Dallas/Houston Branch, effective February 25, 1992 ; Resolution No. 92-54 reappointing Cheryl B. Cooper as Chief Magistrate of Municipal Court for a two-year term; Resolution No. 92-55 authorizing a three percent (3%) salary increase for City Manager Ray Riley pursuant to an annual performance evaluation; Resolution No. 92-56 authorizing a three percent (3%) salary increase for City Attorney Lane Nichols pursuant to an annual performance evaluation; Resolution No. 92-57 authorizing a one-year contract with Martin's Uniforms of Houston for furnishing uniforms for the Police Department at: $21.80 each for Men' s Short Sleeve Shirts, $21.80 each for Women's Short Sleeve Shirts, $23 .80 each for Men' s Long Sleeve Shirts, $23 . 80 each for Women' s Long Sleeve Blouses, $23 . 00 each for Men's Uniform Pants, and $23 . 00 each for Women' s Uniform Pants, an estimated total cost of $27,708.40; Resolution No. 92-58 authorizing acquisition of a runway avigation easement, described as Parcel S-06: 3 ,725 square feet out of the A. Savery Survey, Abstract 46, from Todd Edward and Cynthia Lee Doughtery for the appraised price of $375. 00, to comply with Runway Protection Zone (RPZ) regulations for the Municipal Airport; Resolution No. 92-59 authorizing a License to Encroach, filed by Verdon L. LeBlanc, contractor, for Albert Guajardo, owner, for a residence at 5135 Richard Street described as Lot 40, Block 2 , Deb Oaks Subdivision, extending 3 feet onto a 16-foot-wide utility easement; and Resolution No. 92-60 authorizing an easement agreement with Chevron Pipe Line Company for donation of a right-of-way easement for Dowlen Road, over a 0. 79 acre tract out of the Charles Williams Survey, Abstract 59. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-18 issuing a Specific Use Permit, requested by the -52- February 25, 1992 Washington Boulevard Christian Church, for a church on the southeast corner of Griffing Boulevard and North Major Drive in an area zoned RS (Residential Single Family Dwelling) , subject to dedication of a 10-foot- wide easement for drainage purposes and preservation of an existing drainage ditch and wooded area as a buffer zone was considered: ORDINANCE NO. 92-18 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A NEW CHURCH IN A RS (RESIDENTIAL SINGLE FAMILY) DISTRICT AT THE SOUTHEAST CORNER OF GRIFFING BOULEVARD AND NORTH MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-18 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Smith Councilman Cokinos Councilman Goodson Councilman Samuel Councilman Moore Abstention: Councilman Alter -000- Ordinance No. 92-19 authorizing a specific Use Permit, requested by Alesha E. Dill, for a beauty shop at 2225 Hazel Avenue, Lot 4, Block 6, Averill Addition, in an area zoned RCR (Residential Conservation and Revitalization) was considered: ORDINANCE NO. 92-19 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SALON AT 2225 HAZEL AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-19 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 92-20 establishing a reduced speed school zone (20 miles- per-hour in effect from 7: 15 a.m. to 8: 15 a.m. and 2 :45 p.m. to 3 : 30 p.m. , Monday through Friday, on school days) in the vicinity of Regina- Howell Elementary School on Howell from 50 feet north of the centerline of Derby to 40 feet north of the centerline of Glascow and on Regina from 275 feet east of the centerline of Howell to 650 feet west of the centerline of Howell was considered: -53- February 25, 1992 ORDINANCE NO. 92-20 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE ORDINANCES OF THE CITY OF BEAUMONT BY ADDING NEW SCHOOL ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-20 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-61 accepting the work performed under contract for construction of the Fannett Road Outfall with William H. Gray Construction Co. , Inc. at a cost of $714, 357. 00, authorizing Change Order No. 1 for a price decrease in the amount of $13 ,231. 00 to reflect quantities actually used and authorize final payment in the amount of $49, 319.95 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-62 authorizing a contract with W. B. Construction Company in the amount of $66,474.76 for construction of sidewalks, paving, drainage and fence improvements to Magnolia Park was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-21 amending Ordinance 92-13 changing the polling place designated for Precinct 85 and changing the number of polling places in the joint election with Beaumont Independent School District on May 2 , 1992 was considered: ORDINANCE NO. 92-21 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 92-13 WHICH CALLED A GENERAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 2ND DAY OF MAY, 1992 , TO CHANGE THE POLLING PLACE FOR PRECINCT 85 FROM BINSWANGER GLASS COMPANY TO ELEVENTH STREET CHURCH OF CHRIST, 3710 SOUTH ELEVENTH STREET; TO CHANGE THE NUMBER OF POLLING PLACES NEEDED IN THE JOINT ELECTION WITH BEAUMONT INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. -54- February 25, 1992 Ordinance No. 92-21 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-63 authorizing purchase of six copiers through the State Purchasing and General Services Contract, five from Texas Copy Systems, Inc. of Austin for $26, 191. 00 and one from Copy Duplicating Products of Austin for $1, 325. 00, a total of $27,516. 00, at about 59% to 66% of the price of the same machines if purchased locally, was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Councilman Moore announced that the South Park Neighborhood Association will be conducting a meeting Thursday at 6: 30 p.m. at the South Park Baptist Church located at Kenneth and Woodrow. Councilman Alter reported that Indiafest (depicting India culture) was a fun, colorful evening and was well attended. Councilman Cokinos reported complaints of an accident and near misses on the Service Road coming off Interstate 10 north to Calder because of traffic flow and asked Public Works Director Tom Warner if he has been advised of the problem. Mr. Warner acknowledged advisement of the problem and said his department has investigated the area and found a sign missing and paving markings worn. He said the State has replaced the sign once. It is down again and a second request for replacement has been made along with a request for remarking pavements. In addition, Mr. Warner said there is a lot of debris on the street because of construction, and his staff will continue to monitor the situation. Councilman Goodson reminded citizens of the Lucas Street widening informational meeting tonight at Austin Middle School, asked if a report will be received as a result of the contract with DD6 for the storm water study conducted by Garrod and Dartez, and, if so, will a public meeting be held. Staff offered to investigate and respond. Mayor Pro Tem Smith commented that tonight is busy with the Region 16 Texas Municipal League meeting, the Art Museum celebrating Black History Month by conducting a program featuring the poet, Jabbo Jones, at 7: 00 p.m. and the Lucas Street project meeting. Mayor Lord said this has been an activity filled week. There have George Washington birthday parties, celebrations of Black History Month in churches, barbecues at both high schools, a super meeting at the Energy Museum gearing up for their volunteer program, Ken Ruddy -55- February 25, 1992 honored as Citizen of the Year, two meetings of the crime groups, plus the meetings scheduled for tonight. -000- Mayor Lord announced that an Executive Meeting will be conducted in accordance with Section 2 (e) of the Texas Open Meetings Act following the City Council meeting to discuss pending or contemplated litigation: Richard Hopkins, Jr. , a minor v. The City of Beaumont, Linda Robbins v. The City of Beaumont, United States of America v. The City of Beaumont, and James A. Martin, et al v. The City of Beaumont and George Schuldt. (Councilman Samuel left the Council Chambers. ) -000- Ms. Alesha Dill, 2215 Hazel, addressed Council to question using the same dimensions for construction of a permanent structure to be used for a beauty shop as the portable building she previously planned to erect. Ms. Dill was instructed to meet with Planning Director Kirt Anderson to discuss specification requirements. (Councilman Samuel returned to the Council Chambers. ) Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council regarding the place and time of a meeting to discuss gangs and to announce the "To Beaumont with Love" program from First Baptist Church on March 11 and 12 at Julie Rogers Theatre. In response to Mr. Dannenbaum's query, Mayor Lord said a meeting will be held Friday morning in the Commissioners Courtroom where testimony will be given to representatives from the legislature touring the state to gather opinions relative to solutions for gang-related activities. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in Executive 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 February 25, 1992 . Rosemarie Chiappetta City Clerk -56- February 25, 1992