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MIN DEC 22 1992 G REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 22, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 22nd day of December, 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 the Reverend William A. Holt, Wesley United Methodist Church. The Pledge of Allegiance was led by Councilman Goodson. -000- Mayor Lord announced that Council has been advised by the Legal Department that Agenda Item No. 1 considering an amendment to the Major Street and Highway Plan, part of the Comprehensive Plan, requires a public hearing before action can be taken and will be deferred for a public hearing and official vote until January 5, 1993. She said because there were citizens who came to Council to express opinions on Agenda Item 1, citizen comment is invited on that item as well as the Consent Agenda and the remainder of items on the Main Agenda. Mr. Vick Nelson, 560 Nolan Street, owner and developer of ten acres which would be split by the extension of Shakespeare from Brandywine to Prutzman, addressed Council to request amendment to the Major Street and Highway Plan, part of the City's Comprehensive Plan, by substituting Collier Road as the residential collector street for Shakespeare. Mr. M. L. Lefler, Jr. , 621 14th Street, addressed Council in opposition to Agenda Item No. 1 amending the Major Street and Highway Plan. He discussed adoption of the 1986 Plan requiring development of Shakespeare from Gladys to Prutzman, cited meetings at which the Planning Commission -269- December 22, 1992 G discussed possible revisions, cost and advisability. Mr. Lefler said he does not own property in that area, but as a Planning Commission member, his concern is for the health, safety, and public welfare of the citizens that reside there, and that "in the event of a hurricane, . . .it would be almost impossible to evacuate all the people from that area. " Mr. Albert Odell, 880 Brandywine Drive; Mr. Kirk Martin, 710 Brandywine Drive; Mr. Travis Brewer, 935 Brandywine Drive; Mrs. Barbara Barron, 6870 Sharon Circle; Mrs. Deanne Douglas, 715 Brandywine Drive; Mr. Harlan Walker, 1235 Shakespeare Drive; Mr. Tom Duesler, 7050 Killarney Drive; Mr. Bill Deever, 895 Brandywine Drive; and Mr. Richard Fullerton, 635 Shakespeare Drive; addressed Council in support of Agenda Item No. 1 amending the Major Street and Highway Plan. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held December 8, 1992 ; Resolution No. 92-339 appointing Elodia Rhem to the Commission for the Prevention of Child Abuse and Neglect for a term expiring June 30, 1994; Brenda Spivey to the Community Development Advisory Committee for a term expiring May 31, 1993 ; Raymond Ambres to the Small Business Revolving Loan Fund for a term expiring December 31, 1994; Mike Persia to the Convention and Tourism Advisory Committee for a term expiring September 30, 1994 ; Sue Townsend to the Parks and Recreation Advisory Committee for a term expiring June 30, 1993 ; and reappointing Raymond Chaison to the Historical Landmark Commission for a term expiring October 31, 1994; Resolution No. 92-340 authorizing acquisition of a ten foot wide drainage easement extending 40 feet in length between Lot 15, Block 7 and Lot 1, Block 8 of the Forrest Park Addition, Charles William Survey, Abstract 59, to relieve flooding problems in the Forrest Park Addition area, for the negotiated value of $50. 00 from Nan Pinchback Oxford, Joyce Pinchback, R. T. Pinchback, Jr. , Allen Lane Pinchback and Mary Frances Pinchback; and Resolution No. 92-341 authorizing purchase of video equipment to be used for in-house productions to be shown on Channel 31 (City Scope) from Audio Video, Inc. in the amount of $13, 363 . 65 (1-JVC BR-S622U S-VHS VCR, $4,485; 1-JVC RM6860 Edit Controller, $3,329; 1-JVC SA-F911U Serial Interface, $1, 050; 2-JVC TM-91SU 9" Color Monitor, $440 each; 1-JVC TM- 900SU 9" Color Monitor with Underscan, $485. 00; 1-JVC SA-E68U Y-688 Dub Output Card for sending Y/C Signals to 3/4" Editing VTR, $160; 5- Comprehensive BBC-6-BNC to BNC Video cable, $10.31 each; 4-Comprehensive PP-PP-6 RCA to RCA Audio cable, $1.43 each; 2-Comprehensive S7P-S7J 7 Pin Y/C Cable, $32 . 00 each; 1-Panasonic AG455 SVHS Camera, $1,799; 1- Comprehensive CL22 Camcorder Light, $260; 1-Lowell VP98 3 Light kit, $775; and 6-Maxwell 1/2" Format Video Tapes, $3 .23 each) ; -270- December 22, 1992 Y The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Mr. Riley reiterated that Agenda Item No. 1 amending the Major Street and Highway Plan, part of the Transportation Element of the Comprehensive Plan, will be deferred for a public hearing and vote on January 5, 1993 . -000- Resolution No. 92-342 authorizing a Letter of Agreement with the Atchison, Topeka and Santa Fe Railroad to allow the City to clean and remove obstructions from approximately 550 feet of the drainage ditch on their right-of-way adjacent to Comstock Place and Jancar Subdivisions to improve drainage in that area was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-343 accepting Street and Storm Sewer Improvements: Champion Drive from Walden Road approximately 630 feet south to end of pavement at DD 6 - Ditch No. 202A; Kemper Circle from Champion Drive approximately 180 feet east to and including the cul-de-sac; Gleneagles Drive from Champion Drive approximately 515 feet west to the existing pavement on Gleneagles Drive; and St. Andrews Drive from Gleneagles Drive approximately 335 feet north to and including the cul-de-sac; and Water and Sanitary Sewer Improvements: Lots 9-15, Block 3 ; Lots 1-17, Block 4; and Lots 1-12 , Block 5; in Willow Creek Country Club Estates, Phase II, Section I-D, contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of streetlights, was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-344 accepting Street and Storm Sewer Improvements: Anna Lane from Wescalder Road west approximately 565 feet to and including the cul-de-sac and Water and Sanitary Sewer Improvements: Lots 1 through 20, Block 1; in the Anna Heights Subdivision contingent upon filing of the final plat complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of streetlights, was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -271- December 22, 1992 Y Resolution No. 92-345 authorizing purchase of one (1) KME Renegade 1500 gallon-per-minute fire pumper truck ($245,256. 00 base bid) equipped with a bronze fire pump and 5, 000 watt generator ($12,800.00) for a total cost of $258,056. 00 from Kovatch Mobile Equipment was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-346 authorizing purchase of a John Deere Model 570B motor grader for use by the Solid Waste Department, Landfill Division, from Stewart and Stevenson Services, Inc. in the amount of $82,785.00 was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-347 authorizing purchase of four (4) semi-automatic advisory defibrillators for the Fire Department from Physio-Control Corporation at $6,595.50 each for a total of $26,382 . 00 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted in accordance with Section 2 (g) of the Texas Open Meetings Act to discuss appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and in accordance with Section 2 (e) to discuss contemplated or pending litigation: David Ray Harris VS. Joe Herrera Jr Et Al, Gilbert Roy vs. the City of Beaumont, David Shows vs. the City of Beaumont, and Joe Turner vs. the City of Beaumont following the regular session of City Council. -000- Councilman Samuel reported receiving calls from Downtown businessmen about the inability of their businesses to participate in the recycling program. Mr. Riley said that recycling is presently provided only to residential sections, but development, as part of the Comprehensive Recycling Program, is underway to initiate a commercial recycling program in the near future. Councilman Samuel expressed concern about the aesthetics, as well safety, of some of the buildings located on Magnolia Avenue between Interstate 10 and the Downtown area. He offered to visit with Staff to develop a program to clean up and eliminate some of the dilapidated structures. He said there is a building where the entire wall has fallen and leaning on a fence and others in a dilapidated condition. He expressed Christmas and Holiday greetings to everyone. -272- December 22, 1992 L Councilman Moore congratulated those participating in the HEB, Pantry Food Stores program for feeding the less fortunate at the Civic Center last Friday; thanked the "Mobil Gang" from Mobil Oil Corp. , Market Basket Stores, social and civic clubs, and others who helped bring Christmas cheer to 325 families this past weekend; expressed concern and ask for a report regarding Police Dispatch procedures and questions asked callers. Mr. Riley said he has information available for Councilman Moore's review. Mayor Lord echoed best wishes for the holidays to those in the midst of celebrating Hanukkah and a happy and blessed Christmas to those celebrating Christmas days. -000- Mr. Walter Keneson, 4045 Rothwell, addressed Council in opposition to the recent dismissal of George Schuldt as Chief of Police and asked that management rescind the action and work out any problems. Also, Mr. Keneson notified Council that bullet-proof vests over five years old are no longer effective and that police officers will be asked to replace their vests at over $300. 00 each because there is no money in the budget for replacement. He suggested a fund-raiser to purchase new vests. Mr. Jesse Baker, 2950 West Lucas, spoke in opposition to the dismissal of Chief Schuldt and asked for specific reasons for his removal. Mr. Henry Dannenbaum, 1567 Wall Street, expressed appreciation for Chief Schuldt and the Police Department, the dinner provided by HEB, Pantry Food Stores, the new marquee in front of the Civic Center and wished everyone a Merry Christmas. -000- There being no further 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 December 22, 1992 . Rosemarie Chiappetta City Clerk -273- December 22, 1992