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HomeMy WebLinkAboutMIN MAY 24 1988 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 24, 1988 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 24th day of May, 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 Councilman, Ward II Audwin Samuel Mayor Pro-Tem Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Bryant Epsteen, pastor of Church of Christ Bible. The Pledge of Allegiance was led by Councilman Cokinos. -000- Mayor Meyers announced that the report on activities and projects by the Economic Development Council will not be given in the preliminary portion of today' s agenda but immediately following the regular business agenda. -000- Following the entrance into the Council Chambers by Derwin Daniels playing a composition of saxophone solos, Councilman Brumley announced that the summer season for "Concerts on the Move" begins Thursday, May 26th, at 7: 00 p.m. at Alice Keith Park. He said- that "music is probably one of the best vehicles to put a smile on someone' s face. . .we've done it and we've accomplished two things, we've not only given them music in a neighborhood park; we've given people all over the city an opportunity to listen to a great concert. . .that would not have a. . .reason to go to some of the most beautiful neighborhood parks. . .anywhere in the State." Councilman Brumley commended Claudie Hawkins and Luke Jackson of the Community Facilities Department for their special assistance in making these concerts a success. "Concerts on the Move" tee-shirts and hats were presented to Council by Claudie Hawkins, Business Manager of the Community Facilities Department. -141- May 24, 1988 Special recognition and awards were given for providing the backing for the success of "Concerts on the Move" to: Mobil Oil Co. for financial participation; Dairy Queen for providing ice cream and lemonade; and Jimmy Simmons for individual initiation for receiving a matching grant for performance expenses from the Musical Performance Trust Fund. Mobil Oil Co. representatives, Roy Dickerson and Bill Chernotetz, presented a check in the amount of $4,000 in support of the program. Dairy Queen representatives, Philip and Brenda Klein, expressed their appreciation for the opportunity to work with "Concerts on the Move. " Jimmy Simmons publicly thanked the American Federation of Musicians for their contribution through the Musicians Performing Trust Fund and invited everyone to the June 23rd concert when his band will be performing. Councilman Brumley was complimented for heading the "Concerts on the Move" program and special acknowledgment was made to John Gorman for his, and the Community Facilities Department, cooperative efforts in arranging the concerts. -000- Mayor Meyers announced an Executive Session following the Workshop Session will be held in accordance with Section IIe of the Open Meetings Act of Texas to discuss pending litigation and contemplative litigation. -000- Councilman Smith introduced Sigal Adler from Tel Aviv, Israel, a guest visiting Dr. Smith and Beaumont until June 30, 1988. Mayor Meyers presented Ms. Adler a card making her an honorary citizen of Beaumont and welcomed her to our city and Council meeting. -000- Mrs. Maree Calcote, Clean Community Commission Chairman, and Ms.- Ellen McLean, a member of the Clean Community Commission, presented "Pride in Beaumont Awards" to Mr. Roy Philp of Graham & Philp, Inc. , Mr. L. A. Foster, Mr. Steven Bodner, Crazy Jose's Restaurant, and Ms. Nancy Stout, a State Highway Department employee, for their various efforts in beautifying and keeping Beaumont clean. -000- Two Proclamations were issued: recognition for the "Brother's Social Club" in celebration of their 30th anniversary of service and to "James A. Covert" retiring as the Assistant Superintendent of Business Operations for the Beaumont Independent School District for the past nine years. -142- May 24, 1988 Public Comment was invited to comment on Agenda items: A representative from Radio Station K106 and the K106-Gator presented a petition from 200 students of Central High School on Prom night in support of Item B-2 changing the name of Royal Purple Drive to Jaguar Drive. -000- The following Consent Agenda items were considered: Approval of the Minutes of the Regular City Council Session held .May 17, 1988; Resolution No. 88-113 appointing John W. Millington, Tom B. Livesay, Earl Frost, and Wallace Domingue to the Electrical Board of Review for terms ending April 30, 1991 and Dr. Lonnie J. Bean to the Health Advisory Board for a term expiring July 31, 1990; and Resolution No. 88-114 authorizing an extension of service on the South 11th Street Transit Route for a six-month trial period to the Hilton Hotel area four times a day on a schedule which will permit the service to be used by hotel employees traveling to and from work. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 88-51 granting a zone change from R-S (Residential Single Family) to RCR (Residential Conservation and Revitalization) requested by Michael Maurer, owner of Maurer' s Lawnmower Sales and Repair Shop located at 5575 Concord Road Road was considered: ORDINANCE NO. 88-51 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 DISTRICT) TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) ON PROPERTY AT 5575 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Smith opposed the zone change stating the it would allow a variety of commercial uses that could disrupt this residential neighborhood in the future and that we would be sending an incorrect message to the community that we do not abide by zoning rules and regulations. A motion made by Councilman Smith and seconded by Councilman Brumley to accept the Staff recommendation to deny the zone change failed. -143- May 24, 1988 Question: Ayes: Councilman Nayes: Mayor Meyers Smith Councilman Lee Councilman Councilman Brumley Cokinos Councilman Samuel Councilman Moore Ordinance No. 88-51 was approved on a motion made by Councilman Lee and seconded by Councilman Samuel. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Smith Councilman Councilman Cokinos Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 88-52 issuing a specific use permit to Maurer' s Lawnmower Sales and Repair Shop (Michael Maurer) located at 5575 Concord Road was considered: ORDINANCE NO. 88-52 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A LAWNMOWER SAL]tS AND SERVICE COMPANY AND A LAWN MAINTENANCE SERVICE ON PROPERTY LOCATED AT 5575 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-52 was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Brumley Councilman Councilman Cokinos Smith _ Councilman Samuel Councilman Moore -000- Ordinance No. 88-53 changing the name of Royal Purple Drive to Jaguar Drive extending from South to Smart Street in front of Central High School (requested by the school's student body in a letter written by Perry Gregory, president of the student council, and Robert Rienstra, president of the graduating class of 1988) to correspond with the school's athletic teams was considered: -144- May 24,1988 ORDINANCE NO. 88-53 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND IN PARTICULAR THE NAME OF THAT CERTAIN STREET AS INDICATED UPON THE OFFICIAL STREET MAP OF BEAUMONT, TEXAS, BY CHANGING THE NAME OF "ROYAL PURPLE DRIVE" BETWEEN SOUTH AND SMART STREETS TO "JAGUAR DRIVE; " PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 88-53 was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 88-54 abandoning an unused 10-by-107. 56-foot sanitary sewer easement at 3415 Laurel as requested by Mark Whitely on behalf of the owner, Tom Livesay, who wishes to remove an encroachment created by an office building constructed over the easement was considered: ORDINANCE NO. 88-54 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 10 ' X 107. 56 ' SANITARY SEWER EASEMENT LOCATED AT 3415 LAUREL AVENUE AND SITUATED IN THE NOAH TEVIS SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS. ' Ordinance No. 88-54 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Ordinance No. 88-55 abandoning a 20-foot-wide east-west alley in Block 19 of the Calder Addition extending from Orleans to Willow in the block between Liberty and Laurel as requested by adjacent property owners__(H & S Investments--Shepherd's Uniform and Lines, St. Mark' s Episcopal Church and Woodrow Dyer) was considered: ORDINANCE NO. 88-55 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 20' X 400 ' ALLEY RIGHT-OF-WAY LOCATED WITHIN BLOCK 19, CALDER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-55 was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -145- May 24, 1988 Ordinance No. 88-56 repealing and enacting new Articles I and II of Chapter 21 of the Code of Ordinances to update and delete outmoded provisions, eliminate conflicts within the Code and to insure compliance with State and Federal laws relating to personnel policies and procedures was considered: ORDINANCE NO. 88-56 ENTITLED AN ORDINANCE AMENDING CHAPTER 21, BY REPEALING ARTICLES I AND II AND ENACTING NEW ARTICLES I AND II DEALING WITH GENERAL PERSONNEL ISSUES AND THE POSITION CLASSIFICATION COMPENSATION PLAN; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 88-56 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution No. 88-115 authorizing a 60-month lease/purchase agreement with Xerox Corporation for furnishing a high-speed, high volume copier for the second floor of City Hall at a monthly rental of $1,046. 25, plus $512.85 per month for a maintenance contract with an escalation clause, and a charge of $0.006 each for copies in excess of 41, 200 per month with an option to purchase the copier for $6,975 at the end of the five-year period was considered. Councilman Cokinos questioned the Xerox copier versus the IBM copier being the lowest bid, the deciding authority for the speed requirement, need for a duplexing feature, actual need for an additional copier and other similar questions. Staff explained that the IBM copier did not meet speed and other specifications, that the Purchasing Department surveyed the volume need and based speed specifications on the need and with the high-speed copier there would be a savings of approximately $60,000 in personnel costs, explained that duplexing is making double-sided copies which are used often, and that this copier is needed since there is no longer a print shop. (Councilman Brumley left the Council Chambers during discussion of the item. ) _ Councilman Lee made a motion, seconded by Mayor Meyers, to approve Resolution No. 88-115. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Abstentions: Councilman Samuel Councilman Moore Present, not voting: Councilman Smith Councilman Cokinos requested the Council reconsider the item at the return of Councilman Brumley. Councilman Lee and Mayor Meyers withdrew their motion and second on Resolution No. 88-115. -146- May 24, 1988 (Councilman Brumley returned to the Council Chambers) Resolution No. 88-115 was approved on a motion made by Councilman Lee and seconded by Mayor Meyers. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Abstentions: Councilman Samuel Councilman Moore -000- The first reading of an ordinance granting a 20-year gas utility franchise to Entex increasing the franchise fee from 2% of gross receipts to 3% effective January 1, 1988, and requiring fees be paid quarterly, on August 31, on November 30, February 28 and April 30 was considered: ORDINANCE NO. AN ORDINANCE GRANTING ENTEX, A DIVISION OF ARKLA, INC. , ITS SUCCESSORS AND ASSIGNS, THE RIGHTS, PRIVILEGE AND FRANCHISE FOR A PERIOD OF TWENTY (20) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPELINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE• CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS FOR THE PURPOSE OF TRANS- PORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFICIAL AND/OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE MUNICI- PALITY OF SAID CITY OF BEAUMONT, TEXAS AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF _ SERVICE; PROVIDING FOR PAYMENT OF THREE PERCENT ( 3%) OF THE GROSS RECEIPTS FROM THE SALE AND TRANSPORTATION OF GAS AND FOR SERVICES RENDERED TO CUSTOMERS WITHIN THE CITY OF BEAUMONT; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The ordinance was passed to its second reading on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- -147- May 24, 1988 Representatives from the Chamber of Commerce and Economic Development Council gave a presentation of their recent activities including corporate visits past and future, prospect development, and outreach thrust including participation in a Trade Fair beginning June 24th at McCormick Place in Chicago with an expected attendance of 65,000. Mayor Meyers invited the group to report back to Council on the 4th Tuesday of each month their progress and plans. -000- Councilman Brumley invited everyone to the first "Concerts on the Move" program Thursday evening at 7: 00 p.m. at Alice Keith Park. Councilman Cokinos reported that $91,481.70 has been donated to the Hulsey children fund, inquired about a new carpet purchase for the third floor and asked if this purchase would be let for bids. Councilman Moore said the 1300 block of Madison Street needs immediate attention to repair, asked that a previous request for a response to strong odors at the Landfill be submitted as soon as possible, and complained about the condition of Sprott Park and Carroll Street Park mentioning an excess of broken glass and asked that consideration be given posting signs prohibiting bottles and alcoholic beverages. Councilman Samuel recommended that the Police and Fire Departments be given Department Heads ' telephone numbers for emergency situations, reported that the Raft Races were successful and as a result the Beaumont Marina was fully occupied and gained 15 new members, invited citizens to attend the Town Meeting in Ward III on May 31st at Borden Chapel Baptist Church at 7: 00 p.m. , and solicited volunteers to assist in preparation for the Juneteenth festivities to be conducted in the City Municipal Complex area. Councilman Smith asked Kirt Anderson, Planning Director, to check the signs at the property on Concord Road and Treadway are in compliance with zoning regulations and reported a call received regarding Terry' s Wrecker Service (Jim Johnson) picking up a burned car at Duperier and Royal and not removing all the debris. Mayor Meyers announced a Memorial Service to be held at the temple to the Brave at Pipkin Park at Sabine Pass and Pennsylvania Avenue on Monday, May 30th at 1:00 p.m. The Temple will remain open to visitors until 5: 00 p.m. He also reported that the Kiplinger Report states an economic turnaround is taking place in the Golden Triangle with construction in the refining, petrochemical and plastic fields on the increase. Unemployment in the City of Beaumont through April was 8.80, down 1. 1% from a year ago and down from March when it was 10%. -000- Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council regarding the Open House at the Annie Rogers Vaxler Nutrition Center, electrical problems on College Street, moving clientele of the New Jerusalem Mission, and the danger of bicycles without reflectors. -148- May 24, 1988 Mr. Ben Rogers, 2030 Thomas Road, addressed Council to suggest that one lower paid clerk rather than a secretary be responsible for making copies for various departments, suggested telephone calls to business owners before sending certified letters regarding high grass, complimented the Economic Development Council and related that rents are lower in Beaumont to operate an office and we have the enhancement of Lamar University and volunteered his services in helping with the quality of life in Beaumont. Mr. Forrest (Ted) Posey, 3695 Edmonds, addressed Council regarding efforts to increase the cleanliness of Beaumont. -000- There being no further business, the meeting was recessed before continuing with Work 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 May 24, 1988. Rosemarie Chiappetta City Clerk 1 -149- May 24, 1988