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MIN MAR 24 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 24, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 24th day of March, 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 -000- The Invocation was given by the Reverend Lloyd Booker, Associate Minister at Greater Saint Paul Baptist Church. The Pledge of Allegiance was led by Councilman Guy Goodson. -000- One Proclamation was issued: "Doctors Day, " March 30, 1992 . -000- Ms. Carolyn Howard, Executive Director of BUILD, Inc. and Director of the Beaumont Urban Main Street Project, distributed cardboard hand fans to Council with the printed agenda for Main Street Day Opening Ceremonies, March 26, 1992. Council members will serve as official greeters for this day. Special guests include Mrs. Bob Bullock and Curtis Tunnell, Executive Director of the Texas Historical Commission, along with other State officials. Ms. Howard said, "Main Street Day is a tradition in new mainstreet communities. . .We have just started in January, so this is our kick-off celebration. " She said there will be an unveiling of some architectural renderings of work that will be done in the downtown area, that the City parking lot in front of the Crockett- Laurel Street Connector is looking better everyday, thanks to City staff, a green area that the Rotary Club of Beaumont has adopted will be celebrated, and the event will be a festive occasion. -71- March 24, 1992 A "Rock Presentation" was made to Council by Ms. Mary Englander, Public Relations Director of the Art Museum of Southeast Texas, and her assistant, Ann Reese. Ms. Englander said that on April 25, 1992, the Art Museum will honor the Neches River Festival, a long-standing Beaumont tradition. She said that a feature of this outdoor art and music festival is going to be an exhibition of the bedrock of our community (City Council) . Rocks were presented to Council and they were asked to decorated them in a rock theme of their choice and return to the Museum by April 25. Ms. Englander suggested such themes as: the ROCK-ettes, ROCK-around-the-clock or jailhouse ROCK. She said there will be a special exhibition in the foyer of the Art Museum, and a prize will be awarded the winners (e.g. a Rocky tape, a subscription to Rolling Stone magazine, or a year' s supply of rock candy) . -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 through 4 . No one wished to discuss these items. -000- Councilman Cokinos requested that Item C of the Consent Agenda authorizing participation in intervention activities related to the Gulf States Utilities Fuel Reconciliation case be acted upon separately. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 17, 1992 ; Resolution No. 92-76 appointing Norman Bellard to the Civil Service Commission for a term expiring January 31, 1994; Resolution No. 92-77 authorizing payment in the amount of $15,822 .46 to Stewart and Stevenson, Inc. for related emergency repair costs to a diesel generator at the Water Production Plant; Resolution No. 92-78 authorizing payment in the amount of $23 , 730. 00 to United Systems Technology Incorporated for purchase of software modifications to the Police Department' s CAD/Records Management System; Resolution No. 92-79 authorizing a wastewater laboratory testing services contract with Chemtex of Port Arthur, Texas for the Public Utilities/Water Reclamation' s Wastewater Industrial Pretreatment Program on estimated quantities in the amount of $11,289. 00 (Unit Price of $10. 00 for Biochemical Oxygen Demand - 5 day; $7. 00 for Chemical Oxygen Demand; $4 . 00 for Total Suspended Solids; $15. 00 for Oil & Grease; $20. 00 for Total Phenol; $20. 00 for Total Cyanide; $60. 00 for Total -72- March 24, 1992 i Metals (Arsenic, Cadmium, Chromium, Hexavalent Chromium, Copper, Lead, Mercury, Nickel, Selenium, Silver, and Zinc) ; $300. 00 for GC or GC/MS scan for all 46 base/neutral, all 28 volatile organic priority pollutant compounds; $150. 00 for GC/MS scan for the following pollutants listed in 40 CAR, PT. 122, Appendix D, Table V, Dimethyl Amine, Epichlorohdyrin, Formaldehyde Ethylene Diamine, Triethylamine, and Xylene; $125. 00 for GC/MS scan for the following pollutants listed in 40 CFR, PT. 122, Appendix D, Table V: Dimethyl Amine, Epichlorohydrin, Formaldehyde and Xylene; $250. 00 for GS/MS scan for Xylene, Acetone, and Dioxane; $10.00 for Biochemical Oxygen Demand - 5 day; $7. 00 for Chemical Oxygen Demand; $4. 00 for Total Suspended Solids; $15. 00 for Oil and Grease; and $40. 00 for Metals (Total Arsenic, Cadmium, Chromium, Copper, Lead Nickel, Silver, Zinc, and Hexavalent Chromium) ; Resolution No. 92-80 authorizing purchase of an avigation easement for Municipal Airport described as Parcel S-01: 25, 918 square feet out of Lot 26, Block 14, Gulf Terrace Addition and a portion of the former Lower Neches Valley Authority right-of-way in the Ashel Savory League, Abstract 461 from Lester E. Crow, et ux, Anna D. Muirhead Crow for the appraised value of $3, 000. 00 to comply with the Runway Protection Zone (RPZ) regulations; Resolution No. 92-81 authorizing purchase of an avigation easement for Municipal Airport described as Parcel 5-08: 7, 112 square feet out of Lot 17, Block 4, Wescalder Fig Acres Addition, from Ernie C. Abshier, et ux Mary W. Abshier for the appraised value of $250. 00 to comply with the Runway Protection Zone (RPZ) regulations; Resolution No. 92-82 authorizing purchase of an avigation easement for Municipal Airport described as Parcel S-02 : 12,202 square feet out of Lots 18 and 19, Block 39, Gulf Terrace Addition, from Billy Wayne Biddle, et ux Janet Sue Biddle for the appraised value of $2, 000. 00 to comply with the Runway Protection (RPZ) regulations; Resolution No. 92-83 authorizing proceedings in Eminent Domain to be filed against owners, Robert D. and Bonnie G Foster, to acquire Parcel 5-05: 7, 005 square feet of Lot 34, Block 43, Gulf Terrace Addition, for an avigation easement at Municipal Airport to comply with Runway Protection Zone (RPZ) regulations mandated by the Federal Aviation Administration; and Resolution No. 92-84 authorizing full and final settlement of a claim for damages brought against the City of Beaumont by Joann Stuart in the amount of $10,000. 00. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -73- March 24, 1992 I A resolution authorizing the City of Beaumont to participate with other cities in intervention activities related to the pending Gulf States Utilities Fuel Reconciliation case before the Public Utilities Commission of Texas was considered. Councilman Cokinos questioned the reference to the GSU Rate Case in backup material for the item, exact participation of other cities, need for and fees to be paid legal counsel. The City Attorney explained that this is not a rate case, but a reconciliation case and he is assured of only one other city's participation, Port Neches, but a previously-formed steering committee has already retained counsel and consultants, to be paid at established hourly rates for the cities who eventually participate. Mr. Nichols said, from his standpoint, he feels the decision for Council is whether the citizens of Beaumont are served by the City of Beaumont participating in examination of issues in the request by Gulf States Utilities for fuel reconciliation, and he based his recommendation on the historical fact that the staff of the Public Utilities Council has not had resources or trained personnel to make adequate investigation of Gulf States' requests and because reasonable expenses incurred in hiring counsel and consultants are refunded to cities who have original jurisdiction. After further discussion concerning clarification of original jurisdiction and the intervention deadline, a consensus was reached by Council to defer action on this item to research other cities' participation and exact legal fees. -000- Resolution No. 92-85 authorizing renovation of the W. A. Smith building to enable occupancy by UTMB (University of Texas Medical Branch) and construction of a new 6,800 square foot building to house WIC and child health preventive services at the Beaumont Health Center, 950 Washington Boulevard, at an estimated cost of $852, 000 ($222, 000 recovered from UTMB through lease payments and $630, 000 through Community Development Block Grant programmable funds) in an effort to provide "one stop" health care services for mothers and infants was considered. Mayor Pro Tem Smith referred to last week's memo from the City Manager stating that construction of a new building at the present location would not preclude moving public health programs to another location in future years and said she would like a specific time frame established when relocation of a public health facility in a more central location might occur. She said she is reluctant with renovation of old buildings and spending nearly a million dollars at the present location and is not comfortable proceeding without a time frame commitment, and she said she is concerned with better health care for all citizens, not just maternity and child care. -74- March 24, 1992 A lengthy discussion by Council addressed advisability of spending money to renovate old buildings, maximizing dollars by investment in a centralized location versus new construction at the present site, cost and method of payment for a centralized system, number of clients being served and client potential, level of service offered, health care direction, and integration of private/public partnerships in health care. Councilman Samuel expressed favoring action that will take advantage of UTMB immediately joining the City to consolidate services in one location and meet prenatal care needs, high risk pregnancies, infant health care and family planning. Councilman Moore said he agreed with Mayor Pro Tem Smith that a long-range health care plan should be developed, but does not view construction of a building at the present Health Department site as wasted dollars because of its use in the years before a centralized plan could be implemented and then for other uses after moving the entire department. Mayor Lord stated that she sensed a strong feeling that Council 's philosophy for providing better health care was unified, and the emphasis of concern is on how far in the future implementation can begin. She said that discussion will begin this summer on the Capital Improvement budget, and this should be a subject for inclusion in those discussions. Resolution No. 92-85 accepting the plan to renovate and construct additional facilities at the Beaumont Health Center to enable UTMB occupancy was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: Mayor Lord Nayes: None Councilman Cokinos Councilman Alter Councilman Goodson Councilman Samuel Councilman Moore Abstained: Mayor Pro Tem Smith -000- Resolution No. 92-86 supporting the national space exploration initiatives to bring clean energy to earth from space and commending the involvement of Lamar University's Lunar Base Research Group, led by Dr. Jim Jordan, in the study of "helium-3" reservoirs on the moon was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- (Councilman Samuel left the Council Chambers at 2 :20 p.m. ) -75- March 24, 1992 Ordinance No. 92-27 amending Chapter 1, Section 1-8 of the Code of Ordinances to increase the general penalty fine from $200. 00 to $500. 00 was considered: ORDINANCE NO. 92-27 ENTITLED AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-8 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE GENERAL PENALTY PROVISION APPLICABLE TO THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 92-27 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-28 amending Chapter 1, Section 1-8. 1 of the Code of Ordinances addressing culpable mental state was considered: ORDINANCE NO. 92-28 ENTITLED AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-8. 1 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE REGULATIONS CONCERNING THE NECESSITY OF PROVING A CULPABLE MENTAL STATE AS AN ELEMENT OF A CRIMINAL OFFENSE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 92-28 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 92-29 amending Chapter 26, Section 26-10 (Negligent Collision) of the Code of Ordinances was considered: ORDINANCE NO. 92-29 ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE DEFINITION OF NEGLIGENT COLLISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-29 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -76- March 24, 1991 Ordinance No. 92-30 amending Chapter 26, Section 26-21 of the Code of Ordinances addressing speed limits applicable except as otherwise provided was considered: ORDINANCE NO. 92-30 ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE ELEMENTS CONCERNING SPEEDING IN THE CITY LIMITS TO REMOVE THE NECESSITY OF PROOF OF CULPABLE MENTAL STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-30 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 92-31 amending Chapter 26 of the Code of Ordinances by repealing Section 26-49 (g) , enacting Section 26-50 (Parking beyond time limit) , Section 26-51 (Presumption) , and amending Section 26-63 regarding parking spaces was considered: ORDINANCE NO. 92-31 ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND PARKING REGULATIONS CONCERNING OVER PARKING AND THE MARKING OF PARKING SPACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-31 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- (Councilman Samuel returned to the Council Chambers at 2:25 p.m. ) Resolution No. 92-87 authorizing Change Order No. 2 to the contract with Allco, Inc. in the amount of $41, 090.21 for installation of an additional 702 feet of 2011 water line along West Port Arthur Highway to serve the State Prison currently under construction and future development in the surrounding area for the proposed Federal Prison site was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -77- March 24, 1992 Ordinance No. 92-32 authorizing issuance of a Specific Use Permit to the Dixie Supply Co. , Inc. to operate a business for the rental and sale of heavy equipment in the former Binswanger Glass Co. at 4225 College Street (Lot 19, College Acres Addition and the east part of Lot or Block 21, C. Cartwright Subdivision No. 1) in an area zoned GC-MD (General Commercial - Multiple Family Dwelling) with a favorable recommendation from the Planning Commission with conditions the owner be required to close the driveway on Milam and erect a fence along the property line abutting Milam was considered: ORDINANCE NO. 92-32 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW RENTAL AND SALES OF INDUSTRIAL AND CONTRACTOR EQUIPMENT AT A SITE ZONED GC-MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) ON PROPERTY LOCATED AT 4225 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilman Alter said he has received calls from citizens expressing concern over the potential noise factor of this business. He asked for verification from staff that if noise becomes a factor, the specific use permit would be in violation of the eight provision allowing the permit and could be revoked. Planning Director Kirt Anderson confirmed the specific use permit could be revoked and explained the procedure of reversal. Ordinance No. 92-32 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-33 authorizing issuance of a Specific Use Permit to Zaval-Tex Construction Company (Mary Lou Mott, owner) to allow storage of heavy construction equipment at the northeast corner of Washington Boulevard and Chamberlin Drive (Lots 44, 45A and 45B, Block 5, Caldwood Acres Addition) in an area zoned GC-MD (General Commercial - Multiple Family "Dwelling) was considered: ORDINANCE NO. 92-33 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE STORAGE OF HEAVY EQUIPMENT AND PARKING AT THE NORTHEAST CORNER OF WASHINGTON BOULEVARD AND CHAMBERLIN, ON PROPERTY ZONED GC- MD, (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING) , BEAUMONT, JEFFERSON COUNTY, TEXAS. -78- March 24, 1992 1 Ordinance No. 92-33 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-34 authorizing issuance of a Specific Use Permit to Judith A. Guillory for operation of a beauty salon at 2760 Houston Street in an area zoned RM-H (Residential Multiple Family Dwelling - Highest Density) with a recommendation from the Planning Commission subject to provision for fencing and landscaping was considered: ORDINANCE NO. 92-34 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SALON AT 2760 HOUSTON STREET ON PROPERTY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) , BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-34 was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted following the regular session of City Council in accordance with Section 2 (g) of the Texas Open Meetings Act to discuss performance evaluations of appointed officials. -000- Councilman Cokinos congratulated Library staff for hosting a well- received luncheon today for volunteers to the City Library services. Councilman Alter extended an invitation to attend the dedication of Wuthering Heights Park at 10: 30 a.m. tomorrow, congratulated Beaumont for being selected as a Main Street City, and announced that on April 4th, the first "Clean-Sweep" will be conducted for this year and asked that volunteers Janet Todd or Diane Mauriceo. Councilman Moore invited Council to attend the South Park Neighborhood Association meeting next Thursday at 6: 30 p.m. at the South Park Baptist Church at Kenneth and Woodrow. Mayor Lord added that Beaumont has received recognition with the National Symphony Group. The Symphony of Southeast Texas will present a program on "Sunday in the Park" at their national convention. She said "Sunday in the Park" has received national recognition for being an -79- March 24, 1992 innovative way to offer activities for young people on Sunday afternoons. -000- Mr. Raymond Chaison, 1130 Lamar, addressed Council to complain about Building Codes Is personnel, inspections and the permit requirements to repair personal property other than the residence occupied by the owner. Mr. Chaison said he is qualified to make plumbing repairs, but has to hire a certified repairman because the building is not his personal residence. He complained about Beaumont following codes established by someone outside the city and expressed his opinion that the rules are too stringent to allow poor people to maintain and repair their property. The City Manager explained that the Standard Plumbing Code and Southern Standard Building Code adopted by Council provide that a qualified, licensed person is required to perform installation in a structure, but permit exceptions in the event the structure is owner occupied. He said that in some cases owners are not qualified to make repairs, and their repairs might create an unsafe environment for someone else. He said the City is not in the position to make a determination of their qualifications other than by permitting and licensing. These requirements are in the interest of public safety. Council expressed concern whether the codes adopted by the City of Beaumont properly reflect Council 's desire for guidelines and asked the City Manager to schedule a workshop in the near future to discuss the subject and clarify questions presented by constituents. Mr. Riley said that, primarily, Code requirements are directed toward licensed repairmen in the business, not for citizens to do work which requires licensing procedures, and the heart of the problem is trying to deal with an exception and apply a major rule. He said a workshop will be scheduled. Ms. Roberta Moreau, 2095 North Street, addressed Council to question a garbage pickup rate increase. She said there are three units with one occupant each, and they do not require more than one container for each apartment, but the rates have increased. Mr. Riley said Staff will review the ordinance providing for this collection and charges. Mr. O'Neal Young, 6750 Bigner Road, addressed Council to complain about remaining debris from partial demolition of a structure at Bigner and Roland Roads and high weeds in the area between 6750-6718 Bigner Road creating an eyesore and asked for City assistance. Mr. Herman Rogers, 3006 Bolivar, Chairman of the Community Development Block Grant Advisory Committee, complimented Council for approving -80- March 24, 1992 1 additional facilities at the Health Center and urged establishment of a timetable to move health care services to a centralized location. Mr. Rob Whitmarsh, Student Government liaison from Lamar University, expressed appreciation for the resolution recognizing the efforts of Dr. Jim Jordan and the Physics Department at Lamar University and their involvement with the national space exploration initiatives. -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 March 24, 1992 . Rosemarie Chiappetta City Clerk -81- March 24, 1992