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HomeMy WebLinkAboutMIN JUN 28 1988 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 28, 1988 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of June, 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 Durwood Bristo, pastor of the Forest Park United Methodist Church. The Pledge of Allegiance was led by Dereck Crossley, a six-year-old student at Caldwood Elementary. -000- Mayor Meyers announced that at the close of Work Session there will be an Executive Session in accordance with Section 2(e) of the Open Meetings Act of the State of Texas to discuss pending or contemplated litigation. -000- Due to a scheduling conflict, the Economic Development Council presentation will be delayed until Tuesday, July 5, 1988. -000- Councilman Cokinos introduced Jesse Wayne Jackson, a 1974 graduate of Forest Park High School, who holds the world' s record in squat-lifting (705 pounds) in his weight division. Mr. Jackson weighed 148 pounds at the time he set this record in Honolulu, Hawaii. Mr. Jackson has been invited by the American Power Lifting Federation to participate in a world weight-lifting championship in Russia and will leave on July 22nd to represent the United States in this event. Mr. Jackson expressed appreciation to Council and to his supporters in Beaumont and displayed the three-figured trophy he has been awarded depicting the bench press, squat lift and dead lift. Mayor Meyers told Mr. Jackson he will be provided with Beaumont tee-shirts and a Beaumont cap to wear while in Russia for this first power lift competition to be held there. -167- June 28, 1988 Mayor Meyers said that exporting in Texas during 1987 was a $19.71 billion business, and based on the U. S. Department of Commerce figures, each $1 billion in new exports creates approximately 25,000 jobs. Therefore, the numbers for Texas during 1987 should have provided about 490,000 job opportunities. One of the gentlemen in Beaumont who epitomizes the entrepreneural spirit to try things is Wayne Jones. Mr. Jones met with representatives of Mitsubishi and is now exporting tuna to Japan. Two representatives of Mitsubishi visiting Beaumont from Tokyo, Mr. Yasuhiro Kawakami, and Mr. Takashi Nitobe, were introduced to Council and presented honorary Beaumont citizenship cards. Mr. Bob Starkey from the Houston Mitsubishi office explained the exportation of tuna from the Gulf began in January, 1988, to the Japanese markets. The yellow fin tuna now in season weighs between 80-120 pounds and retails currently on the Japanese market for about $15. 00 per pound. The blue fin tuna weighs between 300-500 pounds and can sell for as much as $60. 00 per pound on the Japanese market depending on freshness and other variables. Mr. Jones sent 75 fish averaging 93 pounds by air-freight on his first shipment, and on the first three shipments he has netted $25,000 in profit. Mr. George Perrett from the Chamber of Commerce and Mr. Mike Conwell are hosting the three representatives of Mitsubishi and guiding them through a tour of Beaumont before they meet with Mr. Jones later today. The World Trade Group of Rhode Island and Washington, with the assistance of Mr. Mike Conwell, initially generated contacts for Mr. Jones to begin this exporting business which Mayor Meyers sees as a classic example of diversification and expansion of business. -000- Citizen comment was invited on Agenda Items A, and C through F. No citizens wished to address Council on these items. -000- The following Consent Agenda items were considered: Resolution No. 88-135 appointing Guy Goodson to the Historical Landmark Commission with a term expiring October 31, 1990, and Gwendolyn Inman to the Clean Community Commission with a term expiring September 30, 1990; and Resolution No. 88-136 accepting a 0. 377 acre tract of land from Mr. Joe Goetschius on behalf of the Y.M.B.L. for Fair Park improvements. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- An ordinance changing the zoning from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Dwelling) at 1785 Elgie (requested by Ms. Mary Macqueenette) to use a portable building on the lot for preparing and selling food was considered: -168- June 28, 1988 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 DISTRICT) TO GC-MD (GENERAL COMMERCIAL - MULTIPLE-FAMILY DWELLING DISTRICT) ON PROPERTY DESCRIBED AS LOT 11, BLOCK 7, LINCOLN HEIGHTS, AND LOCATED AT 1785 ELGIE RD. , BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Based upon the recommendation of the Planning Commission and the Planning Division staff for denial on the grounds that the change would be spot zoning and inconsistent with other land uses in a predominantly residential neighborhood and about 40% negative responses from property owners within 200 feet, a motion to deny the ordinance was made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 88-58 granting a specific use permit (requested by Mr. Walter Umphrey, an attorney who lives in Port Arthur and plans to use a helicopter for commuting to his office in the Stedman Building) for a private helistop on the Stedman Building subject to the applicant complying with the guidelines of the Helicopter Association International regarding control of noise and vibration and obtaining a letter of no objection from the FAA as defined in the City Code was considered: ORDINANCE NO. 88-58 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A PRIVATE HELISTOP TO BE ERECTED ATOP THE STEDMAN BUILDING ON PROPERTY LOCATED AT PARK AND BOWIE STREETS, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-58 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Ordinance No. 88-59 granting a specific use permit for a duplex dwelling at 790-792 Lavaca in an RS area (Residential Single Family Dwelling) requested by Marlin R. Williford on behalf of property owners Michael Kirk Eller, Colin Keith Eller and James Daryl Eller, Jr. was considered: -169- June 28, 1988 ORDINANCE NO. 88-59 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A TWO-FAMILY DWELLING AS AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) ZONING DISTRICT ON PROPERTY LOCATED AT 790-792 LAVACA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-59 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 88-60 granting a specific use permit for a duplex dwelling at 638-640 Lavaca in an area zoned RS (Residential Single Family Dwelling) subject to applicant obtaining a variance from from lot area requirements for two-family dwellings filed by Marlin Williford on behalf of the property owner, Russell J. Long was considered: ORDINANCE NO. 88-60 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A TWO-FAMILY DWELLING IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) ZONING DISTRICT ON PROPERTY LOCATED AT 638-640 LAVACA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-60 was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 88-61 granting a specific use permit to allow construction of two-story buildings, up to a maximum height of 40 feet, on 14 of the 22 lots in Dowlen Plaza Addition (requested by W. T. Little, a partner in Dowlen Plaza Joint Venture) was considered: ORDINANCE NO. 88-61 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF TWO-STORY BUILDINGS ON PROPERTY LOCATED DESCRIBED AS LOTS 6-19, BLOCK 1, DOWLEN PLAZA ADDITION, BEAUMONT. JEFFERSON COUNTY, TEXAS. Ordinance No. 88-61 was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None Mr. Haines announced that the report from the drainage consultant has been pulled from today' s Work Session and deferred for one week. -170- June 28, 1988 Resolution No. 88-137 accepting the work performed by Sterling Utility Construction, Inc. , under Sanitary Sewer Improvements Contract 18C, (consisting of new storm and sanitary sewer lines to replace a combination line in the Grand Avenue vicinity which was emitting raw sewage into the Neches River during periods of storm water overload) at a completed cost of $717,869.37, $18,508. 63 less than the original contract price of $736,378, and authorizing final payment in the amount of $44,077. 95 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 88-62 amending Section 26 of the City Code pertaining to reduced speed school zones during summer months in the vicinity of schools where summer classes are being held with the 20 miles per hour school zone speed limit in effect Monday through Friday from 30 minutes before to 15 minutes after the start of classes and from 15 minutes before to 30 minutes after the dismissal of classes was considered: ORDINANCE NO. 88-62 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW SECTION 26-24. 1 CONCERNING SCHOOL SPEED ZONE LIMITS-SUMMER SESSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 88-62 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 88-63 reducing the existing 40 m.p.h. speed limit to 35 m.p.h. on a section of Delaware Street from 50 feet west of the centerline of 19th Street to 600 feet east of the centerline of Oak Trace drive because of increased side-street traffic and limited visibility along horizontal curves was considered: ORDINANCE NO. 88-63 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM AND MINIMUM SPEEDS IN CERTAIN ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 88-63 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -171- June 28, 1988 Resolution No. 88-138 accepting the $28,166.04 bid of Manning' s School Supply on specified items and a 36% discount on unspecified items for an annual contract for office supplies for City departments with daily pickup and delivery was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution No. 88-139 confirming an emergency purchase order issued to Bankston Construction Co. on June 10 for hauling 15,000 cubic yards of clay cover material to the landfill and spreading it over an area of exposed garbage at a unit price of $3 . 35 per cubic yard for a total cost of $50,250. 00 in an effort to avoid a possible health hazard was considered. A general discussion of the operation and management of the Landfill raised various questions from Council concerning date of awareness of failure to provide proper cover and lack of management expertise, the adequacy of emergency fill, violation status with the Department of Health, compliance requirements, managerial responsibility, and the life expectancy of the Landfill. Mr. Imri Szekelyhidi and Mr. Doug Wall of Western Waste Industries, a firm hired as an emergency measure subsequent to the reprimand by the Department of Health and resignation of Landfill management to operate the Landfill on a short term basis and to assume responsibility of participating with the City in meeting requirements of the Health Department for compliance, were introduced. Mr. Szekelyhidi, Director of Landfill Operations for Western Waste Industries, explained their objective would be to get the Landfill as quickly as possible compliant on a day-to-day basis with solid waste management regulations, assist in establishing a compliance order, and once the order is established, advise Council in proper personnel selection, and equipment and other resource needs that would be necessary, including budgeted funds, to accomplish that task. Resolution No. 88-139 authorizing an emergency purchase order issued to John Bankston Company on June 10 for 15,000 per cubic yard of clay cover at $3 . 35 per cubic yard for a total cost of $50,250 was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: Councilman Lee Nayes: Mayor Meyers Councilman Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 88-64 authorizing the third and final reading of an ordinance granting a 20-year franchise to Entex for operation of a natural and artificial gas utility in the city to take effect 60 days after final passage, increasing the franchise fee from 2% to 3% retroactive to January 1 was considered: -172- June 28, 1988 ORDINANCE NO. 88-64 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 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 ( 30) 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. Ordinance No. 88-64 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mr. Haines announced a Budget Workshop scheduled for Wednesday, June 29, 1988 at the Tyrrell Park Garden Center. -000- Councilman Brumley thanked all departments that assisted in the "Concert on the Move" presented at Rogers Park and invited everyone to attend the 5th "Concert on the Move" on July 4th at Riverfront Park to be hosted by Councilman Lee and Councilman Cokinos. The Beaumont Symphony Orchestra will present a Pops Concert atop a barge in the Neches River with the Beaumont Community Band also performing. There will be the traditional fireworks plus the continued carnival activities. Councilman Lee announced that "Sunday in the Park" for July 3rd will be hosted by the Beaumont Campfire Council for a pre-July 4th celebration and asked Tom Warner, Public Works Director, to move forward as quickly as possible with the street repairs to 14th Street around St. Elizabeth Hospital in the area between Calder and Liberty. -173- June 28, 1988 Councilman Cokinos transmitted a letter to Mr. Warner from a concerned citizen regarding conserving the locomotive in Central Park as a piece of Beaumont history. Councilman Smith congratulated both the "Concert on the Move" and "Sunday in the Park" activities. Councilman Samuel requested Staff to contact Ms. Willie Byerly, 2615 Santa Fe, at 899-1904 concerning security lighting in the area of Roman and Brickyard and requested that Council bring to Work Session next week the discussion about forming an advisory council and task force on drug abuse in the housing projects. He announced the 5th annual Summertime Family Theater, sponsored by the Friends of the Library, will be 7: 00, June 30th, at the R. C. Miller Memorial Library, 1605 Dowlen Road with the Lamar Summer Band, and from 8: 00 a.m. to 5: 30 p.m. on Thursday, June 30th, at the Beaumont Civic Center, there will be a Procurement and Capital Opportunities for Minority Entrepreneurs Seminar, co-sponsored by the City of Beaumont, Gulf States Utilities, Mobil Oil, Mobil Chemical, Texaco Chemical, Parkdale Bank, DuPont, and Quantum Chemicals. Councilman Moore reported to Mr. Warner that the traffic light at Washington and 11th Street is malfunctioning and needs to be checked and the street west of Washington Street, 11th to IH 10, needs an inspection and repair to the sealing that has already been done. Mayor Meyers complimented Councilman Brumley on the very successful and well attended "Concert on the Move, " the efforts for a potential task force on drug abuse in housing projects, and Mr. C. L. Sherman for his individual successful work on drug abuse in apartment complexes. Mayor Meyers announced that Senator Phil Gramm will be at Riverfront Park on July 4th at 2: 30 p.m. to deliver a patriotic address in celebration of our Declaration of Independence. -000- Mayor Meyers announced that at the close of the Work Session, there will also be an Executive Session in accordance with Section 2(g) of the Open Meetings Act of the State of Texas to discuss personnel matters including appointment, discipline, termination of public employees. -000- Mrs. Phyllis Finch, 2060 Edson Drive, addressed Council to present an update of the activities of the Tyrrell Park Garden Center and discuss interest in establishing a Botanic Garden in Beaumont. Mrs. Finch distributed brochures describing the current plans of the Garden Center. Mr. C. L. Sherman, 585 Belvedere, addressed Council regarding budget work sessions and supported the decision in hiring expertise for emergency assistance at the Landfill. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to remind everyone there will also be a fireworks display at Gateway Shopping Center and to discuss the New Jerusalem Mission. -174- June 28, 1988 Reverend Amos Landry, 3460 Westmoreland, addressed Council to express concerns about the cliquish attitude that resents hiring expert opinions or assistance outside the immediate community, the problem of odors and rodents at the Landfill and commended Council for their actions. Ms. Dolores Lawless, 495 Yorktown, addressed Council to suggest widening of Langham Road from Calder to College because of heavy traffic and invited Council to a Public Hearing that will be held on July 14th at 2:00 p.m. in the Council Chambers for all of Southeast Texas by the Texas Department of Health to discuss the State Health Plan for 1989-90. Mr. Raymond Chaisson, 1130 Lamar, addressed Council to suggest in-house training for Landfill personnel rather than hire outside management. Mr. Josh Allen, 4750 Chadwick, addressed Council to request that funding not be reduced in the Housing Rehabilitation Program scheduled as an item on today' s Work Session. Mr. Forrest "Ted" Posey, 3695 Edmonds, addressed Council in support of BUILD, Inc. and slowing traffic in the school zones. Mr. Frank Kiefer, 3190 Willowood, addressed Council to request that alcoholic beverages be prohibited at activities in parks that are expressly planned for children such as "Sunday in the Park" , that smoking be restricted to a designated area for "Sunday in the Park" activities, and for vehicular safety, and ordinance be passed to require drivers to turn on their vehicle lights during rain. Mr. E. J. Reeves, 725 Yount, addressed Council to suggest a feasibility study regarding institution of segregation and recycling of garbage, and possibly incineration, with regard to the growing problem of landfill sites. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- 2, 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 June 28, 1988. Rosemarie Chiappetta City Clerk -175- June 28, 1988