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HomeMy WebLinkAboutMIN FEB 02 1988 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 2, 1988 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 2nd day of February, 1988, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith* Councilman, Ward I Mike Brumley Mayor Pro-Tem Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore* Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk * (Arrived during presentation by Kelly High School. ) -000- The Invocation was given by the Reverend R. D. Carrington, pastor of Emmanuel Baptist Church of Jesus Christ. The Pledge of Allegiance was led by Councilman Samuel. -000- Mayor Meyers welcomed Watson Potter, Kelly High School Student Council President, Phoebe Phelan, Vice-President, Amber Jones and Shannon Holmes, students from Kelly High School, to make a presentation to City Council. WATSON HOLMES: On behalf of the Monsignor Kelly High School Student Body, we he executive board of the Student Council would like present this fo d basket in appreciation for your hard work and dedication. The theme fo Catholic Schools Week is "Share the Spirit, " and so we feel that it is our duty as future 1paders to share the spirit with you, our City Council. MAYOR MEYERS: Well, I am most appreciative on behalf of Council. In accepting the beautiful thought, I would like to say that Kelly continues to set a standard of excellence of which our community is most proud. I ' ll take opportunity to encourage you to take a message back. On February 22nd, -33- February 2, 1988 you know we' ll have our second Economic Summit, and we're very anxious to have as many of you involved, particularly those 11th and 12th graders because that' s what it's all about. And, I know that you recognize that, and it' s with that thought that I know you come before Council today. . .Thank you so much for your thoughtfulness. -000- One proclamation was issued: "Mrs. Senior American Week, " February 1 through February 6, 1988. -000- Mayor Meyers recognized former City Councilmember Nell Weisbach and Commissioner Norman Troy in attendance. -000- Mr. Ron Baumer, with the Convention and visitors Bureau, and Mrs. Bonnie Cokinos were called forward by Mayor Meyers to acknowledge and make presentations to individuals instrumental in making significant contributions to our economy by bringing various conventions to our city. Plaques were presented to: Reverend Bert Clendennen, victory Temple Pastor' s Conference, 400 people in attendance; Southwest Regional Ballet Association Convention, represented by Ms. Rita Reiser, 800 people in attendance; Texas/Oklahoma Kiwanis International Convention, represented by Mr. Charles Beard, 1600 people in attendance; Texas Department of Public Safety Officers ' Association Convention, 500 people in attendance, spearheaded by Mr. Rick Davis; Boating Trades Association of Texas Convention, represented by Mr. Bill Warren, 350 people in attendance; Southwest Basketball Officials Association Convention, represented by Mr. Willie Wimer, 350 people in attendance; Bromeliad Association Convention, represented by Mr. Warren Luce, 200 people in attendance; Beaumont Labor Lay Tennis Tournament, represented by Ms. Geneva McKinley, 600 people in attendance; American Homes in Transition Conference, represented by Mr. Gary Smith and Ms. Martha Reed. Mr. Baumer stated the sum total brought into our communities by these conventions was $7 1/2 million and thanked these organizations for their contribution. Councilman Lee, as Council liaison for the Convention and visitors Bureau Advisory Board, expressed appreciation to Mr. Tim Hemphill and his staff for their assistance to the organizations bringing their conventions to Beaumont and making it a meaningful experience. -000- MAYOR MEYERS: The next, and final, piece of business before we commence our regular agenda is one that pleases me because I think. appropriately going to recognize, if that' s possible, the service that sometimes very few people who come along can provide to a community, and we, for many years -34- February 2, 1988 in our city, were blessed with that kind of person. She was our friend, she was our City Clerk, she was a crying shoulder if that' s what somebody felt they needed, she was the predictor of the outcome of elections--she could tell you how many people were going to vote, she just was somebody special! A letter went, and I 'd like to read it, . . . "By the warmth of her personality, the distinctive quality of her personal style, and her kindness and helpfulness, Myrtle Corgey was an inspiration to all who knew her, while setting an example of professional excellence for others to follow. " And, today, in commemoration of Myrtle' s service to the City of Beaumont, we' re proud to set it aside today as a day of recognition in her honor. And, I 'm so pleased that so many of her friends have seen fit to come and join her in this recognition today. Where is Don? Don, would you come forward? This is Myrtle' s husband, Don Corgey, who like Myrtle has shared the ups and downs activities of our city for how many years was it total, Don? MR. DON CORGEY: From 172 to 187. MAYOR MEYERS• And, we're delighted that he would be here, and the Art Selection Committee of Dr. Robert Rogan, Mrs. Gard, and Carole i:ing, are they present? Okay, and Karen Tucker? I know Pat Dickerson, one of Myrtle' s closest friends and associates is present. Won' t you come forward, Pat, and Mrs. Marilyn Adams, I think that immediately following Myrtle's passing, Marilyn and Pat went to work to try, if possible, to appropriately let us find a way to say that we remember Myrtle, appreciate her, and that this community will have an opportunity to do that from now on. Pat, I 'm gonna ask that you would take the microphone and tell us a little about what' s _ happening_ today and what it represents, please. PAT DICKERSON: Well, actually Marilyn. . .called me, I think maybe, at your suggestion that she contact me and we got together and sent out notices to as many people as we could think of that were friends of Myrtle' s and people who shared our admiration for her and our appreciation for all the work and the shoulder she lent to everyone' s problems and what have you. And, so we got a very good response. From that point, it was a matter of picking out an appropriate piece of art, and so Karen Tucker, without Karen, 1 couldn' t have done it. She and I went around to all the local . artists, and I have to say that I didn' t know that Beaumont had that many good local artists. We have a lot of them, and I think that probably most people are not aware of how many we do have. But, we picked out from each artist one or two pieces that they showed us that we thought might be appropriate. At that time we didn't know where it was going to hang or anything about it. So, we picked one or two pieces from each artist and then the other committee of art experts, we' ll say, were appointed and from those that were submitted and that we had picked -35- February 2, 1988 out, they picked the ones that are being presented here today, and we were just more than pleased with it because it' s the one that the two of us would have picked had we done it on our own, but we felt that probably we shouldn' t do that by ourselves. So, we were very pleased of the ones that were picked and would like to say that we appreciate Rande has worked hard on it and the Clerk' s office and the Finance office handled the money for us which is always a problem, and we do appreciate all these people, and it' s been a group effort, and without all the groups, it could not have been done. MAYOR MEYERS• Thank you, Pat. Marilyn. MARILYN ADAMS: I would like to say that the art work that is being presented today in memory of Myrtle was all done by Natascha Bartnicki. The two paintings on that wall and the sculpture. MAYOR MEYERS• Is Natascha here? Yes, there she is. Come forward, Natascha. NATASCHA BARTNICKI : It was my pleasure. MAYOR MEYERS• Please come forward. I 'd like you to, particularly, the bronze and it' s name are so appropriate, if you might just share with the audience what' s it' s called. NATASCHA BARTNICKI : It' s called, "The Helping Hands, " and I understand that Myrtle was one that you all enjoyed having because of her helping. MAYOR MEYERS• And the other two? NATASCHA BARTNICKI: This is the McFaddin-Ward, the beautiful house here, that has been recently restored and the old ship that carried the supply up and down the river in 1853 . -36- February 2, 1988 MAYOR MEYERS: Well, they're beautiful, and I know if Myrtle could offer an expression, it would be one of deep appreciation for your work and thought that goes behind it. And, Pat and Marilyn and the many other people who responded so nicely, I know Myrtle would be particularly pleased to be remembered this way, and, Don, I ' ll let you make any comments that you would care to at this time. DON CORGEY• Well, I just want to thank everyone that had a hand in this memorial event. I 'm not a speech maker, so, but I do want to thank everyone. MAYOR MEYERS: Thank you all, thank you all so much. -000- Public comment on Agenda Items A, B-3 through C was invited. No one wished to address Council on these items. -000- Mayor Meyers called an Executive Session at the close of the Work Session in accordance with Section IIe of the Open Meetings Act of the State of Texas to discuss pending or contemplative litigation. -000- The following Consent Agenda items were considered: Approval of the Minutes of the Regular City Council Session held January 26, 1988, and Resolution 88-18 appointing Mary Jane Buttrill to the Historical Landmark Commission for a term expiring October 31, 1990; appointing JoAnn Polk for a term expiring December 22, 1989, Bobbie Cowart and Charles L. Gibbs for terms expiring December 22, 1988, to the Sister Cities Commission. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. -000- -37- February 2, 1988 Ordinance 88-9 granting a specific use permit for administrative offices for Optimal Health Care Services, a home health care agency, to be occupy an existing building at 3205 South Fourth Street in an area zoned RM-H (Residential Multiple Family Dwelling--Highest Density) was considered: ORDINANCE NO. 88-9 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF OFFICES OF A HOME HEALTH CARE AGENCY IN AN EXISTING BUILDING ON LAND ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY--HIGHEST DENSITY DISTRICT) ON PROPERTY LOCATED AT 3205 S. 4TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance 88-9 was approved as amended on a motion made by Councilman Moore to waive the eight ( 8) foot privacy fence requirement around the building as noted on the site plan until such time as it might possibly become a problem for the adjacent property owners and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Ordinance 88-10 changing the zoning classification from R-S (Residential- Single Family) to L-I (Light Industrial) for property located at 715 S. Major Drive (requested by Mike and Darby Doguet, operators of Doguet Grain and Seed Co. , a rice mill and dryer at 795 S. Major) was considered: ORDINANCE NO. 88-10 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 UP014 THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO LI (LIGHT INDUSTRIAL DISTRICT) , ON PROPERTY LOCATED AT 715 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance 88-10 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- -38- February 2 , 1988 Ordinance 88-11 authorizing a Specific Use Permit for property located at 715 South Major Drive to construct a 60-by-120 foot metal warehouse to be used for bagging polished rice for commercial distribution (requested by Mike and Darby Doguet, Doguet Grain and Seed Co. ) was considered: ORDINANCE NO. 88-11 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A WAREHOUSE FOR THE BAGGING OF RICE FOR WHOLESALE ON A 1 . 10 ACRE TRACT OF LAND AT 715 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-11 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance 88-12 amending the Transportation Element of the Comprehensive Plan deleting the through-street designation on the street map of the plan for Crow Road between Folsom and Delaware so that it would no longer be designated for future development as a through collector street was considered: ORDINANCE NO. 88-12 ENTITLED AN ORDINANCE AMENDING THE TRANSPOR- TATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF BEAUMONT TO REMOVE CROW ROAD AS A COLLECTOR STREET CONNECTING DELAWARE AND FOLSOM; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance 88-12 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution 88-19 authorizing ratification of an amended labor agreement with the Police Officers Association for the years 1986 through 1988 including a $60 per month across-the-board pay increase, increased life insurance from $20,000 to $22,500, the City pay employees ' contribution of $15 for one dependent and $30 for more than one dependent for health insurance, and a provision stating that residency shall not be a condition of employment was considered. City Manager Albert E. Haines stated that the original proposal by management with a career ladder implementation at a total budgeted cost of $219,322 (for an eight month period) was rejected by the Union; the proposed agreement on today' s agenda with the across-the-board increase and insurance benefits total -39- February 2, 1988 $234,456 (for one year) representing a savings in salary costs of $39,206. The issue of a career ladder opportunity for police officers is not precluded in future negotiations. Councilman Moore questioned residency requirements and the advancement of minorities in Police management. Mr. Haines explained that Beaumont residents are given first consideration for employment, but we cannot require them to live within the City limits as a condition for continued employment pursuant to State law. Mayor Meyers said, "Ill go on record now as saying that I would like to know, if I am here, the next time that issue comes up, and, if in fact, it is an item of negotiations. " Resolution 88-19 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None Mr. Haines recognized Assistant City Attorney Marcia DeLarue, Deputy Police Chief Jack McCann, and Peggy Hamm, Accountant, as members of the Management Team who participated with Resource Director Max Patterson in negotiations with the Union representatives during bargaining sessions and mentioned that no members of the Police Bargaining Team were present today. -000- A public hearing was called by Mayor Meyers to consider an amendment to Beaumont Multi-Family Housing Finance Corporation revenue bonds, series 1984 (Pinedale Manor Development) $1,900,000. (Mayor Meyers left the Council Chambers at 2: 25 p.m. ) Mr. Lance Fox, an attorney with Bond Counsellors Orgain, Bell, and Tucker, addressed Council in support of the amendment. There being no one else to address Council, Mayor Pro-Tem Brumley closed the public hearing. Resolution 88-20 authorizing an amendment to the Beaumont Multi-Family Housing Finance Corporation bonds issued in 1984 to finance the Pinedale Manor multi-family residential development to lower the bond interest rate on the $1. 9 million revenue bond issue from 9% to 8% was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: Mayor Pro-Tem Nayes: None Brumley Councilman Lee Councilman Cokinos Councilman Smith Councilman Samuel Councilman Moore -000- -40- February 2, 1988 (Mayor Meyers returned to the Council Chambers. ) Councilman Lee announced that the 1988 "Sunday in the Park" series begins in April and challenged all Councilmembers to come out regularly for a terrific time. Several groups are already scheduled for the thirty-week series of free entertainment for children, 2: 00 to 4: 00 p.m. each Sunday, beginning in April and ending in November. Mayor Meyers expressed his wish that those negotiating for the workers and the companies recognize and appreciate the bottom-line of importance they both play in our community, especially at a time when we are working to spike our economy and continue to make it improve, and publicly encouraged Mobil Oil and the OCAW Union to come together, if not in agreement, to agree on an extension to negotiate until an agreement can be reached, but not to strike. -000- Mrs. Delia Harrington, 815 Willow, addressed Council regarding contractors not cleaning up and replacing property to its original state after completion of a project and stopping up the drainage system. Mr. Frank Kiefer, 3190 Willowood, addressed Council to express appreciation for the Friday brown bag lunches and entertainment by various groups in downtown Beaumont, commented on Beaumont' s drainage position, suggested a plan with the City of Houston to finance an outflow from our western division, viable street repairs, previous drainage studies, employment of out-of-state consultants, spending of tax dollars, Bond money approved for widening streets, compulsory passage of budget items, and speedier responses to his inquiries. Mr. Henry Dannenbaum, 3305 Avenue A, _ addressed_ Council expressing regard for the Police Department, housing facilities, and asked Council again to consider a curfew law. -000- Councilman Moore complained about a large pothole at 700 Long at 700 Grand near the railroad tracks that needs immediate attention. -000- There being no further business, the City Council recessed for a meeting of the Beaumont Multi-Family Housing Finance Corp. before continuing with the City Council Workshop 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 2, 1988. Rosemarie Chiappetta City Clerk -41- February 2, 1988 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD FEBRUARY 2 , 1988 MR. FRANK KIEFER, 3190 Willowood: Mayor, City Council. My name is Frank Kiefer and I have a few items that I would like to bring to your attention today; you may or may not agree with me but I am going to say them anyway. First of all, Mr. Lee, are we going to have the brown bag, or Mayor Meyers, are we going to have the brown bags again - lunches on Friday that ya' ll used to have here for entertainment in the City? That was great. I enjoyed it and if you do, you've got one supporter here anyway. I have a comment on the Beaumont drainage system, Councilman Smith. Geographically, Beaumont is located in a difficult drainage position during periods of heavy rainfall because we are on the coastal plain. Beaumont is located at the southend of the Hardin County Watershed and our separate northend of Jefferson County Watershed, so we are in between two watersheds. It is difficult to drain us. We drain to the Neches River on the east and Hillebrandt and Taylor Bayous on the north and west. Storm tides and the Gulf often barrier the outflow from the bayou more so than from the outflow of the Neches River. That' s a ditch out there. I read in the paper this morning a proposal by a certain group to drain a part of the Sabine River to Houston and I 'd like for you all to consider this. Our drainage system appears to be more severe in the western part of cl,r city than it does here in the eastern part of our city. This is a solution, a suggestion to you people. Why not take and talk with the Houston people and see if they will help to finance a outflow from our western division which is the Hillebrandt Bayou big ditch that enters into Taylor' s Bayou which is effected by barriers . . high-tide barrier in the Gulf of Mexico, as well as drainage from the cities down below us and send this water to the Houston industrial areas on a . . . not as an accumulated . . . based on an accumulated basis rather than on an as-needed basis. In other words, keep our western side of our city pumped down at all times. I realize this is an expensive avenue to consider but it is an alternative to . . . First of all, water is a viable commodity. Some of us consider it a luxury. Some of us consider it as a damaging expense that we incur if our homes get flooded by it; but we should consider it as a viable asset to our community and an opportunity to be rid of it in times of need. Now, we don' t need it all the time. Beaumont needs more things than just our drainage system in times of heavy rains. We need viable street repairs which we are not getting. They come out and they find a hole in the street and they dump a little black tar into it and they tamp it down a little bit and the first good rain comes along and off it goes. We don't have a steam roller to compact the material that' s put into the holes. We need a better system of repairing our city streets and potholes other than someone just tamping it down to the ground. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD FEBRUARY 2, 1988 page 2 MR. KIEFER continued: So, I would like for ya' ll to consider that. It may not be a viable program but it should give you some avenues of thought. We've got a lot of people here in the City that think and we like to open up our minds to you. We'd also like to know why this City did not accept the study that was done in 1983 and why we have sent money outside of our City to a mountainous state that shouldn't have any problem on drainage. Do they understand the problems that we have here on a flat state and a coastal plain, where flooding is a sometimes thing - not an all the time occurrence? The second item that I have to do is on spending. Beaumont is spending taxpayers money at an alarming rate. You may not think so but we read the newspapers. You spent $150,000 on a drainage study; you spent or you are going to spend money on replacing automobiles, which we need. You are spending money on a corimuications system and I am not really that you do need because you are not listening to the citizens when we come up here and talk to you. Can City Council tell us via the newspapers. . . ? I know that you have a newspaper reporter because we read Mr. Wallach all the time. Can you tell us what happened to the ESM monies that were recovered? Has that gone into our general fund? Also, at the time of the ESM collapse came around we were told that the City found a $575, 000 fund just sitting in a bank. We were told that this money was put into the general operating fund. Was it? Can you tell us? We think the taxpayers have a right to know where our money is being spent and where it is. I would also like to know what happened to the Bond money that was approved for widening West Lucas from the Freeway or Eastex over to Calder. I would also like to know what happened to the Bond money that was approved that was voted for Concord from 105 up to MLK Boulevard. These were traffic routes that are designed to alleviate traffic here in the northend and athe westend of Beaumont. Grass routes rumors has it that this money has been appropriated for other expenditures and we really don't want that. We want the money that we appropriate to go for the ones that were approved by the electorate. I 'd also like to ask another question. Is it compulsory for City Council to pass all items suggested on its budget each year? Do you retain any suggestions in your budget items in the event of a budget item cost overrun? In other words, do you spend . . save back a few items each year instead of passing everything that comes down the pike. And, I have one other item that has to do with you, Mr. Haines. If your memory will serve you, I ask you a question about three weeks ago and you told me you would get me an answer back within a week. It' s now two weeks later. I haven' t gotten an answer yet and I am still waiting for an answer and I would appreciate if you would give me an answer because it doesn' t speak well for my concern for you for a man that does not give an answer when he is asked a question and he says he will get an answer. Thank you very much. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD FEBRUARY 2 , 1988 Page 3 MAYOR MEYERS: Would you do me a favor? MR. KIEFER: Certainly. MAYOR MEYERS: Would you be here next week? MR. KIEFER: Hope to be. MAYOR MEYERS: Good. I have all of these and I 'd appreciate it if you'd read all the answers. MR. KIEFER• I 'd appreciate it. END OF EXCERPT.