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MIN SEP 08 1992 a REGULAR SESSION CITY COUNCIL — CITY OF BEAUMONT HELD SEPTEMBER 8, 1992 — 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 8th day of September, 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 Tyrone Cooper Asst. City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Ralph Martin, Woodland Baptist Church. The Pledge of Allegiance was led by Assistant City Attorney Tyrone Cooper. -000- Citizen comment was invited on the Consent and Main Agenda Items 4-6. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 1, 1992 ; Resolution No. 92-235 appointing Bruce Drury and Ricardo Ramirez, Jr. for terms expiring May 31, 1993 and Darrel Jackson for a term expiring May 31, 1994 to the Community Development Advisory Committee; Debra Kay Johnson to the Historical Landmark Commission for a term expiring October 31, 1993 ; Don Potter to the Plumbing and Mechanical Board of Review for a term expiring May 31, 1994; and Cleveland Nisby to the Commission for Planning and Zoning for a term expiring July 31, 1995; -197- September 8, 1992 a Resolution No. 92-236 accepting a 20 ' drainage easement out of Lot 1, Block 1 of the Beaumont Height Addition from Selena Johnson to relieve flooding problems in the LaSalle and Jeanette Street area; Resolution No. 92-237 authorizing acquisition of an avigation easement for Municipal Airport described as Parcel N-03: 12, 672 square feet out of the A. Savery Survey, Abstract 46 from Louis M. Broussard, et al and George A. Dishman, et al for the appraised value of $250. 00 to comply with the Runway Protection Zone (RPZ) regulations; Resolution No. 92-238 authorizing execution of a License to Encroach to Randall Reese for a swimming pool encroaching 1. 0 foot for a distance of 18.0 feet and a concrete pool deck encroaching 7.4 feet for a distance of 55. 0 feet into the eight-foot utility easement on property described as Lot 11 Block 26 of Dowlen West Addition, Unit XIV, for a one-time fee of Five Hundred Dollars ($500. 00) ; Resolution No. 92-239 authorizing the City Manager to execute all authorizations for participation necessary for intervention in Docket No. 11292 regarding Entergy Corporations acquisition of Gulf States Utilities Company before the Public Utility Commission, subject to the right to terminate such participation at any time by written notice and to act independently in the exercise of local regulatory authority; and Resolution No. 92-240 authorizing settlement of a lawsuit styled Neilan and Marva Jacobs vs. The City of Beaumont in the amount of $16, 000. 00 for Marva Jacobs and $4,000. 00 for Neilan Jacobs for a total of $20, 000. 00. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-68 referred to as the "Annual Appropriation Ordinance" adopting a budget for the fiscal period beginning October 1, 1992 and ending September 30, 1993 with appropriations of $55, 088, 095 out of the General Fund; $8,920, 000 out of the Debt Service Fund; $16,407, 700 out of the Water Utilities Fund; $9, 567, 500 out of the Solid Waste Management Fund; $1, 423, 000 out of the Hotel Occupancy Tax Fund; $1, 650, 000 out of the Street Maintenance Fund; $2 ,230, 000 out of the Municipal Transit Fund; $844, 500 out of the Fire Training Grounds Fund; $705,909 out of the Special Revenue Funds; $2,404,900 out of the Capital Reserve Fund; $2,715,200 out of the Fleet Maintenance Fund; $8, 744, 800 out of the Employee Benefits Fund; and $3 , 953 , 500 out of the General Liability Fund ($114, 555, 104. 00) and authorizing the City Manager to transfer budgeted funds from one line item to another provided the transaction is not an interfund transfer was considered: -198- September 8, 1992 ORDINANCE NO. 92-68 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Ordinance No. 92-68 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 92-69 approving the tax assessment rolls as certified to the City of Beaumont by the Jefferson County Tax Appraisal District and establishing the tax rate at $.62 per $100 assessed valuation of taxable property ($2,986, 049, 120. 00) for the tax year 1992 ($0. 35--General Fund and $0.27--Debt Service) was considered: ORDINANCE NO. 92-69 ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1992 ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 92-69 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-241 adopting a five year Capital Program for Fiscal Year 1993 through Fiscal Year 1997 totaling $62,211, 000 to include $27,957, 000 for Street Improvements; $24, 073, 000 for Stormwater Drainage Improvements; $5,920, 000 for Parks and Recreation and $4,261, 000 for Municipal Facilities (1993 Projects: Public Works--$3 , 940, 000 for Street Improvements and $8,536,000 for Stormwater Drainage Improvements; General Improvements--$260, 000 for Parks and Recreation and $985, 000 for Municipal Facilities) was approved on a motion made by Mayor Pro Tem -199- September 8, 1992 a Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-242 accepting the bid of Employers General Insurance Group for Transamerica in the amount of $47, 170. 00 per year for excess workers compensation insurance to absorb costs in excess of $500, 000 for any eligible on-the-job injury or illness of City of Beaumont employees, effective October 1, 1992, was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-243 authorizing advance acquisition of Lots 10, 11, and 12, Block 36 of the Jarrette Addition from Dr. and Mrs. Jack Richardson for the appraised value of $130, 000. 00 for the Liberty-Laurel Project was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-244 authorizing advance acquisition of Lots 5, 6, and 7, Block 1 of the Calder Heights Addition from Deborah Anne Bando for the appraised value of $160, 000. 00 for improvements to West Lucas Drive from Phelan Boulevard to Delaware Street in cooperation with the Texas Department of Transportation and the Federal Highway Administration was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Samuel said he has been contacted about Bennett Road from Helbig Road to Rachel being part of the street improvement program and questioned if the dead-end portion of Bigner Road back to the dead-end is on the list, inquired about the cleaning responsibility of abandoned alleys, and invited everyone to join him for "Sunday in the Park" activities on September 13 and said he will be reading to the children. Mr. Riley explained that when an alley has been closed, the property reverts to the adjacent property owners, and they become responsible for maintenance. Councilman Moore commented about the publication of street improvements in the newspaper and asked that improvements be made to the correct dead- end of Elgie Street, asked for a report of Harriot Street receiving repairs before deterioration since it is a major through street, and -200- September 8, 1992 said there is an event planned at Alice Keith Park on October 10 and requested that fill dirt be spread in low areas where water might stand before that date. Mayor Lord verified the published list of street improvements to be the major street program conducted along with the continued pothole patching on a regular basis, questioned the $25. 00 charge by Animal Control for adopting a dog, asked that adherence to landscaping requirements for parking lots be policed, said that several complaints have been made about paid parking for Civic Center activities and asked about the affect of these funds to the budget, and suggested that consideration be given for acquiring more trained dogs for the Police Department as replacements or an addition to the canine units. Mr. Riley said that the City realizes about $35, 000 to $40, 000 per year in revenues from parking fees to subsidizes operation of the Civic Center and that charges by the Animal Control Division for adoption of a dog are related to the shots given to the pets. Councilman Samuel thanked David Bauerline and the Beaumont Enterprise for coverage regarding recessing the public hearing for dilapidated structures on August 25, 1992 when "Hurricane Andrew" was a threat to Beaumont. -000- Mr. Steven Mayfield, 565 Zavalla, addressed Council as a representative of the Art Museum to extend an invitation for their participation in the Art Museum's annual phone-a-thon fund-raiser on September 14, 1992 from 5:00 p.m. to 8: 00 p.m. He explained there will be an orientation at 5: 00 p.m. on September 10th in the Lecture Hall and that competition will be encouraged and prizes given to those soliciting the most pledges. Mr. Richard Thomas, 920 Terrace Drive, who works for Tri-Con, a representative of Mobil Oil, addressed Council to protest a recent bid of the City of Beaumont for lubricants. Mr. Thomas reviewed past problems with receipt of inferior engine oil and institution of regulations requiring refinery-sealed drums. He complained about a bid granted to a Houston firm in May, 1992 , that he said did not adhere to specifications and distributed to Council copies of portions of the bid specifications and pictures illustrating a sealed drum and repackaged product. Mr. Thomas claimed repackaged products were discovered in July, a violation of the specifications, and the contract has not been nullified. Mayor Lord asked the City Manager to submit a report to Council regarding this particular bid. Mr. Riley said an extensive study has been completed; he has discussed the matter with the City Attorney relative to specifications, and while there may be a technical violation of the specifications, the product received is valid, and he -201- September 8, 1992 i has a complete report to furnish Council. There being no further business, the Regular Session of City Council was adjourned. -000- I, Barbara Liming, Deputy 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 September 8, 1992 . Barbara Liming Deputy City Clerk -202- September 8, 1992