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MIN AUG 25 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 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 August, 1992 , with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I 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 Mayor Lord. The Pledge of Allegiance was led by Mayor Pro Tem Alter. -000- Two Proclamations were issued: "Jennifer Lee Garrett, " a 1992 Magna Cum Laude graduate from Westbrook High School, was recognized as an outstanding young citizen and for excelling in academic and extracurricular studies (the first in Beaumont to receive the Mansfield Gold Medal Theory Award from the Texas Music Teachers' Association for earning gold medals every year since 1983) ; and recognizing the "Beaumont Kennel Club" for forty years of presenting dog shows and one of Beaumont's special organizations "enriching the community through educational school programs, dog show competitions and unique performances by the canine drill team. " -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 7 through 14. No one wished to address these subjects. -000- The following Consent Agenda items were considered: -177- August 25, 1992 Approval of the Minutes of the regular City Council session held August 11, 1992; Resolution No. 92-215 appointing Frank Messina for a term expiring September 30, 1993 and Jess Phillips for a term expiring September 30, 1994 to the Convention and Tourism Advisory Committee and Helen Allen to the M. L. R. Commission for a term expiring January 1, 1993 ; Resolution No. 92-216 authorizing purchase of a radial view solid state camera in the amount of $13,900. 00 from Cues, Inc. to be used by the Sewer Maintenance Division in viewing and inspecting sewer lines; Resolution No. 92-217 authorizing purchase of thirty (30) Kenwood portable radios in the amount of $677. 00 each and thirty (30) Kenwood mobile radios in the amount of $804. 00 each for a total amount of $44,430. 00 from G S Industries, Inc. for use by the Police Department; Resolution No. 92-218 accepting the bid of A-1 Restoration of Beaumont in the amount of $14, 330. 00 for furnishing labor, equipment and materials for improvements to the interior of the Beaumont Transit Facility; Resolution No. 92-219 authorizing purchase of a modular office system from the Texas Correction Industries (TCI) of Huntsville, Texas, in the amount of $33,479. 65 to provide space for fifteen (15) employees in Municipal Court; Resolution No. 92-220 authorizing purchase of a diesel-driven, 55 HP tractor from Oil City Tractor, Inc. in the amount of $16, 959. 00 for use by the Street and Drainage Division; Resolution No. 92-221 authorizing Change Order No. 2 in the amount of $3,175.00 (add doors to two closets, extend a door drain to street curb, extend hot and cold water lines to restrooms and remove and replace three windows) and Change Order No. 3 in the amount of $9,597.00 (furnishing and installing electric drinking fountains, a new sink, new ceiling panels, a suspended ceiling, VCT flooring in one room, three doors, and Gyp board installed in new entrance corridor) to the contract with Cleveland Building Systems for improvements to the Best Years Center and increasing the total contract price to $168,459.83 . Resolution No. 92-222 authorizing purchase and installation at the police station of one (1) Carrier 160-ton and one (1) 84-ton air-cooled condensing unit from Air Comfort, Inc. in the amount of $46, 260. 00; Resolution No. 92-223 authorizing purchase of additional computerized signal equipment as provided through the contract initially authorized November 12, 1991, with Naztec, Inc. for seven outlying intersections: Delaware/Dowlen, Dowlen/Crow and Peyton/Phelan intersections--Opticom upgrades to include three controllers, two cabinets and three conflict -178- August 25, 1992 t monitors; Major/SH105, Major/Gladys, Major/Manion and Gladys/I-10 intersections--one controller, one cabinet and one conflict monitor at each location (traffic controllers at $2 ,250 each; controller cabinets at $2,800 each; and conflict monitors at $650 each) for a total of $37, 100. 00; and Resolution No. 92-224 accepting the bid of S & M Building Systems in the amount of $31,870.00 for repair and installation of a sliding door track and trolley system for the Municipal Airport (includes Alternates 1 and 2 to restore all T-hanger "A" doors) . The Consent Agenda was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- A Public Hearing was opened regarding the proposed ad valorem property tax rate of $.62 per $100 assessed valuation for the 1992-93 fiscal year. There being no one desiring to address this subject, the Public Hearing was closed. -000- Resolution No. 92-225 authorizing an ordinance to be placed on the September 8, 1992 agenda of City Council for adoption of a tax rate in the amount of $.62 per one hundred dollar valuation for the fiscal period commencing October 1, 1992 and ending September 30, 1993 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- A Public Hearing was opened to hear citizen comments on the proposed FY 1992-93 City budget including $20, 000 for the Art Museum of Southeast Texas and a $3, 000 increase for the John J. French Museum and to consider the proposed Five-Year Capital Program. Councilman Cokinos questioned the legality of amending the budget by including appropriations for the Art Museum and John J. French Museum pursuant to Chapters 6 and 7 of the City Charter. The City Manager explained that at the conclusion of the last budget workshop, he received Council consent to prepare the potential requests that were reviewed under the modification amendments with the Hotel Occupancy Tax Fund, and they are being presented with the budget. He stated that the Charter provides that Council may not increase any appropriations without a subsequent public hearing, but does not prohibit the Manager making amendments provided there are sufficient -179- August 25, 1992 revenues prior to the public hearing which have been clearly posted. City Attorney Lane Nichols concurred with Mr. Riley Is explanation. He said that Section 2 (Article VI of the Charter) provides that the City Manager will present a proposed budget to the City Council forty-five (45) days before the beginning of the fiscal year, and the Charter is silent on the Manager's authority after that to amend his budget as submitted. He said it is clear that Section 6 (Article 6) requires another public hearing if items are added or if there is an increase in appropriations, but only comes into play after the conclusion of the public hearing, such as the one being conducted today, and only when Council desires to insert new items or increase appropriations. There being no citizens wishing to address the proposed budget and Capital Program, the Public Hearing was closed. -000- A Public Hearing was opened to consider amending Chapter 30 of the Code of Ordinances relating to the regulation of garage sales. There being no one desiring to address this amendment, the Public Hearing was closed. -000- Ordinance No. 92-63 amending Chapter 30 of the Code of Ordinances relating to the regulation of garage sales by adding a new definition entitled "Garage Sales" and a Special Condition 21 relating to duration, number hours of operation, displays, signs and parking exemption was considered: ORDINANCE NO. 92-63 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REGULATE GARAGE SALES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Ordinance No. 92-63 was approved on a motion made by Councilman Smith. and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- An ordinance to rezone property at 1830 Harriot, at the request of Mr. Anthony Ray Estell, from Rs (Residential Single-Family Dwelling) to RM-H (Residential Multiple Family Dwelling, Highest Density) to operate a beauty salon in the rear of his residence was considered: -180- August 25, 1992 ORDINANCE NO. 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 RS (RESIDENTIAL SINGLE-FAMILY DWELLING) TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) ON LOT 3, BLOCK 2, LINCOLN HEIGHTS ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; Mr. Riley said the Planning Commission voted 5-0 to deny the request and Staff recommended denial based on land use incompatibility, spot zoning, improper district transition lines, and no physical changes or conditions in the neighborhood to justify rezoning. Notices were mailed to 27 property owners within 200 feet of the property and seven responses were opposed to the change resulting in a 41% protest, therefore invoking the 1120% Rule" (six votes required for change) . The ordinance was denied on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- An ordinance for issuance of a Specific Use Permit, requested by Mr. Anthony Ray Estell, to allow the establishment of a beauty salon at the rear of 1830 Harriot was considered: ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE ESTABLISHMENT OF A BEAUTY SALON AT THE REAR OF 1830 HARRIOT, BEAUMONT, JEFFERSON COUNTY, TEXAS. Mr. Riley said that since the zoning change for this property was denied by previous action, it would be appropriate to clear the agenda and deny the Specific Use Permit application. The ordinance was denied on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- An ordinance authorizing a zone change from RS (Residential Single- Family Dwelling) to RM-M (Residential Multiple-Family Dwelling, Medium Density) at the request of Norma Crane, Director of Nutrition and -181- August 25, 1992 I Services for Seniors, to allow construction of a parking lot for the center on Travis Drive was considered: ORDINANCE NO. 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 RS (RESIDENTIAL SINGLE-FAMILY DWELLING) TO RM-M (RESIDENTIAL MULTIPLE FAMILY. ,DWELLING-MEDIUM. DENSITY) ON PROPERTY DESCRIBED AS TRACT 28, TAX PLAT D-14, OUT OF THE A. WILLIAMS SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mr. Riley reported that the Planning Commission voted 5-0 to approve the request subject to provisional conditions, in addition to the required fencing and landscaping, requiring the applicant to have a six-foot setback to an eight-foot fence along Travis Street, plant a continuous hedge and plant one tree every 25 feet along the street side of the fence. The Staff recommended denial based on the reason that the change would create an improper zone district transition along the center line of Travis, land use incompatibility, and would be harmful to the residential character of the neighborhood. Notices were mailed to 28 property owners within 200 feet, and Staff received a 26. 23% protest which invokes the 1120% Rule" (6 votes required for change) . Council questioned the provisional conditions set by the Planning Commission and were referred to site plan for explanation and clarification of the additional landscaping and barriers requested. The ordinance failed to pass on a motion made by Mayor Pro Tem Alter and seconded by Councilman Goodson. Question: Ayes: Mayor Pro Tem Nayes: Mayor Lord Alter Councilman Cokinos Councilman Goodson Councilman Samuel Councilman Moore Present, Not Voting: Councilman Smith -000- An ordinance authorizing issuance of a Specific Use Permit to allow the construction of a concrete parking lot and drives on Travis Drive as requested by Nutrition and Services for Seniors was considered: -182- August 25, 1992 t ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING SPECIFIC USE PERMIT TO ALLOW CONSTRUCTION OF A CONCRETE PARKING LOT AND DRIVES TO ACCOMMODATE TWENTY-NINE VEHICLES OUT OF TRACT 28, TAX PLAT D-14, OF THE A. WILLIAMS SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was removed from the agenda as a moot issue because the ordinance authorizing a zone change for the property failed to pass. -000- Resolution No. 92-226 authorizing a contract with Constructors and Fabricators, Inc. in the amount of $205,814. 00 to renovate the William A. Smith Health Center at 950 Washington (interior alterations, lowering the ceiling, removing and replacing walls, painting, removing and replacing floor tile and constructing a new entrance) in order to house the maternity and family planning services provided by the University of Texas Medical Branch (UTMB) was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-227 authorizing a five-year lease agreement with the University of Texas Medical Branch (UTMB) for approximately 8,200 square feet of space at 950 Washington Boulevard to house their maternity and family planning services at $1,500. 00 per month rental fee and a remittance of $70, 000. 00 upon occupancy was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-64 amending Chapter 2, Section 2-53 of the Code of Ordinances relating to boards and commissions was considered: ORDINANCE NO. 92-64 ENTITLED AN ORDINANCE ESTABLISHING THE PROCEDURES CONCERNING BOARDS AND COMMISSIONS, THEIR APPOINTMENT, TERM, ATTENDANCE, QUALIFICATIONS AND DUTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. A lengthy discussion addressed various concerns including term of office -183- August 25, 1992 for a Commission Chair and Vice-Chair and appointment procedures. Councilman Samuel expressed concern with the last sentence of Sec. 2- 53 (b) stating, "If a position remains vacant for more than 90 days, nominations for the vacant position may be made by the Mayor or any member of City Council. " He said that extenuating circumstances could warrant deliberate delay beyond 90 days by a Councilman to fill a position, and said he did not feel the individual responsibility and authority of Council should be circumvented. Councilman Moore agreed with Councilman Samuel's concern and said as elected officials, all members have the same level of authority, and he doesn't want to risk that balance becoming tilted. After further discussion, other Councilmembers agreed. At the conclusion of the discussion, Ordinances No 92-64 was approved with an amendment to reword Sec. 2-53 (c) , for complete clarification, that the appointment of the Chair and Vice-Chair shall be for one year terms with a maximum of two years in each position and delete the last sentence of Sec. 2-53 (b) referring to filling a vacancy of more than 90 days on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-65 amending Chapter 13, Article VI of the Code of Ordinances to change the name of the Clean Community Commission to "Keep Beaumont Beautiful" and to reduce the executive board from 21 to 14 members was considered: ORDINANCE NO. 92-65 ENTITLED AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO CHANGE THE NAME AND THE SIZE OF THE CLEAN COMMUNITY COMMISSION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Mayor Pro Tem. Alter pointed out that the name change is proposed to bring the commission's identify more in line with state and federal programs of Keep Texas Beautiful and Keep America Beautiful. Ordinance No. 92-65 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- -184- August 25, 1992 t Resolution No. 92-228 approving an amended Community Development Plan for the City's Community Development Block Grant Program that will respond to HUD's (Department of Housing and Urban Development) request for increased citizen participation opportunities and accommodations for handicapped and non-English speaking persons at public meetings was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-229 authorizing Change Order No. 2 in the amount of $81, 012 .47 to the contract with Bo-Mac Contractors, Inc. for reconstruction and overlay of various streets to: 1. Excavate and dispose of unsuitable subgrade soil from areas of Folsom, Arthur, Odom and Lawrence Drive ($5, 325) ; 2 . Furnish and place geotextile reinforcement fabric to Hollywood Street to improve pavement life ($32, 120) ; 3. Delete the SBS additive from the hot-mix asphalt ($104, 659.36 reduction) ; 4. Add Thomas Road, Gladys to Delaware to the reconstruction schedule and Thomas Road, Calder to Gladys to the overlay schedule--reconstruction shall include removal and replacement of curb and gutter between Regina and Delaware ($98,890. 18) ; 5. Add Pevitot Road, Washington to Montrose to schedule of streets to be reconstructed-- sections damaged as result of oil well work--Exxon agrees to pay 50% of cost estimated at $401092. 08; and 6. Add Humble Road, Major to Sandlin in the reconstruction schedule--road damaged as result of oil well work-- Exxon will reimburse City 100% for cost estimated at $9,244 . 57 ; was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None Councilman Goodson commented that he has noted MBE participation sometimes eeks below 10% when change orders are made to contracts and suggested that prime contractors be advised to adhere to this requirement. -000- Resolution No. 92-230 authorizing an annual contract with Bo-Mac Contractors, Inc. to provide Type D asphaltic concrete for use by the Streets and Drainage Division to repair potholes at $23.85 per ton F.O.B. Plantsite and $26. 35 per ton F.O.B. Zones 1 through 4 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-66 amending Chapter 26, Section 26-24, Schedule A of the Code of Ordinances to reduce speed limits in the vicinity of Fletcher School on College Street from a point 395 feet east and 295 -185- August 25, 1992 t feet west of the center line of Avenue F to twenty (20) miles per hour between the hours of 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 was considered: ORDINANCE NO. 92-66 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REDUCE SPEED LIMITS ON COLLEGE STREET AND AVENUE F; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-66 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- - Public Hearing was called to consider the twenty-five (25) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1200 East Drive - M. L. McDowell, owner (14 violations) , Staff recommendation to raze or repair within 30 days; 325 E. Lucas (shed) and 325 E. Lucas - Elodia or Donnalita Rhem, owners (20 violations each) , Staff recommendation to raze each structure within 30 days; 370 E. LaSalle - Carolyn Mitchell, owner (13 violations) , Staff recommendation to raze or repair within 30 days; 1518 Cable - Richard Hegele, Jr. , owner (20 violations) , Staff recommendation to raze within 30 days; 2085 Dexter - Dickson Investment Co. c/o Wm. S. Dickson, owner (22 violations) , Staff recommendation to raze within 30 days; 1190 Magnolia (commercial) - Jessie Wingate, owner (14 violations) , Staff recommendation to raze within 30 days; 1165 Magnolia (22 violations) , 1167 Magnolia (23 violations) , and 1165 Magnolia (shed in rear) (14 violations) , - Margaret Soularie, owner, Staff recommendation to raze all structures within 30 days; 1197 Miller - Charles E. Jones, owner (23 violations) , Staff recommendation to raze within 30 days; 837-39 Jefferson (rear) - Gloria W. Searcy Young and Theodore R. Searcy, owners (23 violations) , Staff recommendation to raze within 30 days; 540-40 1/2 Schwarner - Bozie Boykin, owner (19 violations) , Staff recommendation to raze within 30 days; 355 Flowers (21 violations) and 355 Flowers (garage) (8 violations) - James A. Paulus ET UX, owner, Staff recommendation to raze both structures within 30 days; 1640 Tilson (front), 1640 Tilson (shed), and 1640 Tilson (garage apt. ) - Percy Simon, owner (23 violations each structure) , Staff recommendation to raze all structures within 30 days; 2675 Southerland - Mary D. Hunt, owner (21 violations) , Staff recommendation to raze within 30 days; 2550 Southerland - C. D. Byrd, owner (23 violations) , Staff recommendation to raze within 30 days; 3795 Goliad - Cephus Jackson, owner (12 -186- August 25, 1992 t violations) , Staff recommendation to raze within 30 days; 1660 Prairie - Edna L. Kirksey Cole, owner (24 violations) , Staff recommendation to raze within 30 days; 431 San Jacinto - Welton Daniels, owner (24 violations) , Staff recommendation to raze within 30 days; 1305 Crockett (commercial) (13 violations) and 1365-95 Crockett (commercial) (14 violations) - Warren Refrigeration and Manufacturing Co. , Inc. , owner, Staff recommendation to raze both structures within 30 days. These parcels of property have been inspected, are vacant, and found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notices have been sent to owners by Certified Mail and published in the Beaumont Enterprise. The twenty (20) structures listed below have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed non-compliance with the Council 's order. The Clearance and Demolition Division of the Administrative Services Department is requesting authorization from City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition. 4110 Brandon, 850 Bonham (shed) , 1249 Caldwell, 818 Catalpa, 3295 Glenwood, 996 Harriot, 2440 Harriot, 2064-1/2 Jacobs, 2575 Jirou, 2575 Jirou (shed) , 434-36 E. LaSalle, 2488 Magnolia (front) , 2325 Park (ctarage) , 2115 Rusk, 3930 St. Helena, 3930 St. Helena (rear) , 800 Schwarner (garage) , 3675 Scranton, 2115 Texas, and 1955 Tulane. Staff requested that the structure at 2440 Harriott be deleted from the list. Council expressed concern about ordering demolition of structures today because of people evacuating the area due to the threat of "Hurricane Andrew" and not having an opportunity to address Council. Since there was no one present to address Council regarding these structures, the Public Hearing was recessed for one week until September 1, 1992, and no action taken on the dilapidated structure ordinance. -000- Councilman Goodson requested an update on the repair status of the bridge located on Gladys between Belvedere Drive and Fenwick Circle and requested the City Manager to ask the Police Department to install a radar unit on North Circuit to help control speeding, particularly near the Manor Drive intersection. Mayor Lord said the bridge repair is a state project and she received -187- August 25, 1992 correspondence that indicated November is the projected completion date. Councilman Cokinos asked the City Attorney to submit a brief to him regarding Charter requirements relating to budget amendments. Mayor Pro Tem Alter congratulated Mayor Lord, Sam Bean and other committee members on the success of the breakfast meeting enlisting minority membership on boards and commissions. He said it was a terrific, well-attended meeting and a lot was accomplished. Mayor Lord informed Council that from this meeting, a comprehensive list has been compiled of interested, qualified minority citizens who would like to serve on a commission, and that it is available for their use. Council expressed a desire for a copy of the list, and Mayor Lord said a list will be distributed to each Councilman. Councilman Moore said he has already received calls about commissions, but he is still concerned about the limitation of membership because of meeting times and conflicts with work schedules. Mayor Lord said that some commissions have changed the time of their meetings to accommodate work schedules, and that others will probably give consideration to this fact. -000- H. R. and Mary Ann Iles, Moore Road, addressed Council to ask that consideration be given to rezoning 2,900 acres from H I to Agricultural in Northeast Beaumont and issue a Specific Use Permit for approximately 300 acres by Friday, August 28, to allow opportunity for them to enter into negotiations with Mobil Oil for contracting removal of dirt cover for hazardous waste. Kirt Anderson, Planning Director, advised Council that his department conducted the Pine Island Bayou/Neches River Rezoning Study and submitted it to the Planning Commission. After review, the Planning Commission decided to take no action on rezoning the area and no recommendation was submitted for Council consideration. Because this was a study requested by Planning Commission and conducted by Staff and no application has been made by the Iles, there is nothing for Council to act on. Further, the item was not posted for consideration. It was suggested that application be made through the Planning Department. -000- Mayor Lord announced there will be no Executive Session today because of the present circumstances concerning likely hurricane affects. Councilman Samuel questioned the return to weekly City Council meetings. The consensus of Council was to resume weekly meetings in -188- August 25, 1992 t September. Councilman Moore questioned evacuation of the city and Council responsibilities. Mayor Lord reported that earlier today, she signed a State of Emergency form, which empowers her with special responsibilities for seven (7) days. At the end of seven (7) days, unless there is Council action to continue, the responsibility ceases. She said the form has been signed and filed with the City Clerk. The City Manager added that Council duties remain the same, and they continue to function in their role, with no additional administrative responsibilities. Councilman Moore commented that usually Beaumont is used as a place to establish shelters, but is being by-passed this time because of the expected landfall site of the hurricane. Mayor Lord wished everyone Godspeed and encouraged each one to pursue their individual obligations as they feel necessary (for the landing threat of "Hurricane Andrew. ") -000- There being no further business, the Regular Session of City Council was adjourned at 3:25 p.m. -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 August 25, 1992 . Rosemarie Chiappetta City Clerk -189- August 25, 1992