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HomeMy WebLinkAboutMIN MAR 21 1989 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 21, 1989 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 21st day of March, 1989, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman-At-Large Andrew P. Cokinos Councilman-At-Large Audwin Samuel Mayor Pro-Tem Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Michael Brumley Councilman, Ward II Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Randy Robinson, Wesley United Methodist Church. The Pledge of Allegiance was led by Councilman Lee. -000- Mayor Meyers announced that he has received copies of letters of intent between Dallas-based Trinity Industries, Inc. and Bethlehem Steel Corporation for sale of 74 prime acres located on the Neches River, owned by Bethlehem Steel and previously used for marine construction and repair. Trinity Industries, Inc. is the leading domestic producer of structural steel products, produces tug boats, barges, and surveillance vessels for the U. S. Navy and ships used in offshore drilling and commercial fishing, and produces heat transfer equipment for the chemical and petroleum industries. Trinity has the largest railcar manufacturing capacity in the United States and produces a variety of car types as well as railcar components. Mayor Meyers confirmed what he stated in an earlier News Conference, "The signing of these letters of intent is the culmination of several months of hard work, dialogue and effort on the part of the Beaumont community and is a continuation of this administration' s commitment to increase employment in the area and to broaden our economic base. " -000- Two Proclamations were issued: "Red Cross Month," March, 1989; and a proclamation recognizing the efforts of "Crime Stoppers. " -66- March 21, 1989 (Mayor Meyers left the Council Chambers at 1: 35 p.m. ) Mayor Pro-Tem Samuel announced there would be an Executive Session conducted in accordance with Section 2(e) of the Open Meetings Act of the State of Texas to discuss pending or contemplative litigation following the regular session of City Council. -000- Citizen comment was invited on the Consent Agenda and Items 3 through 9. No one addressed Council on these items. -000- Agenda Item C approving a resolution authorizing purchase of a dump truck for the Sewer Maintenance division for $27, 856 from Barrett White GMC of Tyler was deferred at the request of Councilman Cokinos to study in detail the terms of warranty for the truck and body. (Mayor Meyers returned to Council Chambers at 1: 40 p.m. during discussion. ) The following Consent Agenda Items were considered: Approval of the Minutes of the regular City Council session held March 7, 1989; Resolution No. 89-48 authorizing MBank of Jefferson County to release $100, 000. 00 in securities held at NCNB Texas National Bank Dallas, effective March 21, 1989; Resolution No. 89-49 authorizing Texas Commerce Bank - Beaumont to release $250,000 . 00 in securities held at the Federal Reserve Bank - Dallas/Houston Branch, effective March 21, 1989; Resolution No. 89-50 authorizing a refund for property tax overpayment in the amount of $921. 13 to Fred D. Heiner of Jefferson Savings & Loan Association for duplicate payment on property at 5155 Downs Road; and Resolution No. 89-51 authorizing and ratifying eminent domain proceedings against Verdun W. Shelander, owner of Parcel No. 389, consisting of approximately 3 ,598 square feet of land east of Mariposa Street, for right-of-way for the Martin Luther King, Jr. , Parkway as an amendment to Resolution No. 88-214. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 89-16 authorizing a specific use permit, requested by Sam C. Parigi, Jr. , for a theater-nightclub and bar to be established in the -67- March 21, 1989 vacant Gaylynn Theater at 745 North Eleventh with a 6-1 recommendation from the Planning Commission to approve, subject to conditions requiring at anytime the Club is open there be at least two parking attendants and two Police Officers on duty at that location, was considered: ORDINANCE NO. 89-16 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A DRINKING PLACE ON PROPERTY LOCATED AT 745 N. ELEVENTH, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 89-16 was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- - Resolution approving an application for a wrecker service and granting a license to operate an auto wrecker service at 6901 Fannett Road, requested by Mr. Eugene Arceneaux, was denied on a motion (based on additional information received from the Police Department that there would not necessarily be any improvement in public convenience or necessity as outlined in the Code of Ordinances) made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: Mayor Pro-Tem Nayes: Mayor Meyers Samuel Councilman Lee Councilman Cokinos Councilman Moore -000- Mayor Pro-Tem Samuel requested a future workshop be held to discuss the feasibility of out-of-city wreckers being used for preference calls. -000- Resolution No. 89-52 adopting the revised Disadvantaged Business Enterprise Program Policy Manual as Beaumont' s policy for grant-assisted purchases and projects for the transit system, which includes consideration of Women-owned Businesses with Disadvantaged Business Enterprises, classifying Portuguese Americans as a subclassification of Hispanic Americans, and qualifying a small business as having gross receipts less than $14 million, authorizing the City Manager to execute any amendments, and designating the City Manager of his designee as the Disadvantaged Business Enterprise Liaison Officer for the City of Beaumont and having authority to implement this policy was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- -68- March 21, 1989 Resolution No. 89-53 accepting the work performed by JLEECO Builders, Inc. for renovation of a former fire station building at 875 College for use as an emergency shelter for the homeless to be operated by Trinity Valley Baptist Association and authorizing final payment in the amount of $8 ,378. 05 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 89-54 authorizing Change Order No. 3 to the contract for the Texas Energy Museum Remodeling Project to provide for a substitution in the type of flooring to be installed on the concrete slab increasing the contract with Daniel' s Building and Construction, Inc. to $1,238,606 was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Mayor Pro-Tem Samuel extended an invitation to attend an open house for the emergency shelter for the homeless at 875 College Street on Friday, March 30th from 3 : 00 - 5: 00 p.m. -000- Resolution No. 89-55 authorizing a contract with Vinson and Elkins to serve as bond counsel for a fee of $21,000 plus reimbursement for related expenses and a contract with Underwood Neuhaus and Co. for financial advisory services related to the City' s application for assistance from the Texas Water Development Board and sale of water revenue bonds to the board to finance sewer system improvements was approved on a motion made by Mayor Meyers and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 89-56 authorizing a contract for engineering design services with Schaumburg and Polk, Inc. for a fee not to exceed $1, 346,000 for improvements to the sewage treatment plant (estimated to total $18,971, 00) to be financed from the sale of water revenue bonds to the Texas Water Control Board was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 89-57 confirming the appointment of Bruce W. Cobb to fill a vacancy created by the resignation of Danita Roy as an Assistant City Attorney at the entry level position in Grade 16, Step 1, at an annual salary of $25,794 effective March 22, 1989 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -69- March 21 , 1989 Resolution No. 89-58 authorizing additional participation in the cost of burying overhead power lines in the Crockett Connector Project in the vicinity of the Main/Pine/Tevis Street intersection at an estimated cost of $45,000 plus $10,000 in construction services to consist of trenching and backfilling for a total commitment not to exceed $174,000 plus $10,000 in construction services, including the $128, 000 prior commitment for burial of lines along the Crockett Street--Laurel Avenue Corridor from west of Main Street to Magnolia Avenue was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Councilman Lee commented that the announcement made concerning the prospect of Trinity Industries opening a facility at the Bethlehem Steel property is a tremendous boost to the community and complimented Mayor Meyers for his leadership role in bringing this about; asked that Staff inspect the intersection at Willow and North where a large area has been excavated and not properly filled and congratulated Councilmen Moore and Samuel for their appointments to committees at the recent National League of Cities meeting. Councilman Cokinos also expressed appreciation to Mayor Meyers for the Trinity Industries move and voiced that this was a teamwork effort. Councilman Moore congratulated Mayor Meyers and all others who worked to make Trinity Industries ' move a reality and emphasized the importance of privacy and confidentiality; asked that he receive a copy of the letters sent from the Public Safety Department to people regarding dilapidated structures so he can discern the tone of the letter and be sure all facets of the rehabilitation process are conveyed; and complimented a local band who participated in an Anti-Drug Concert at Magnolia Gardens. Mayor Meyers thanked everyone for their comments regarding Trinity Industries and emphasized that everyone has a role to play in an endeavor like this, and requested that future employees requiring Council ratification be personally introduced to Council in the meeting in which action is taken. Mayor Pro-Tem Samuel asked that the trash pick-up system be evaluated. He was contacted regarding a resident calling in for trash pick-up at his address and there were others on the same street, but were not picked up because a call was not made. -000- Mrs. Delia Harrington, 815 Willow Street, addressed Council to invite them to visit North Pearl Street to Willow to view the Bluebonnets in bloom; announced "Clean Sweep Day, " April 1, 1989; gave Council information regarding trash disposal, complimented the Magnolia Gardens improvements, reported an abandoned church building needing cleaning; complimented improvements at 870 Grand, but complained that carpet instead of linoleum was used for floor covering in low-rent housing. -70- March 21, 1989 Mr. George Kennedy, 495 Adsit, 866-6099, addressed Council to complain about his next door neighbor installing a security light directed at his bedroom window and erecting a twelve-foot fence and asked for Council assistance with the problem. Mr. Hubert Babino, 1665 Brooklyn, 832-7563, addressed Council to complain about the treatment to Senior Citizens while waiting for distribution of commodities by Jefferson County at the Harvest Club. Mrs. Helen M. Allen, 4555 Winston Drive, addressed Council regarding a drainage problem. Mr. Henry Dannenbaum, 1567 Wall, addressed Council on various subjects. Sharon with Bra-K Wrecker Service, 9295 College, distributed information regarding wrecker companies to Council. -000- There being no further business, the regular City Council meeting was recessed to conduct the 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 March 21, 1989. Rosemarie Chiappetta City Clerk -71- March 21, 1989 W W 1W - EXCERPT--MARCH 21, 1989 SPECIFIC USE PERMIT, NIGHTCLUB 745 N. 11TH STREET (REQUIESTED BY KIRT ANDERSON) MR. RILEY: Item No. 1 is regarding a request for a specific use permit. Sam Parigi, Jr. is seeking a specific use permit for a theater-nightclub at the vacant Gaylynn Theater at 745 N. 11th. This request was subject to a public hearing conducted by the City Council and Planning Commission on March 6th. I ' ll ask Kirt Anderson to discuss or summarize the details of the request, please. MR. ANDERSON: This is a request for a nightclub in the former location of the Gaylynn Theater. It' s intended to be what they call a high-intensity music environment. They' re looking for 45-50 probable employees. It will be a large remodeling to the tune of about $500,000 project. It was the matter of a public hearing--the Planning Commission/Council on March the 6th. The Planning Commission is recommending approval by a vote of 6-1. It' s prudent to point out that the one vote was against the motion, but is not against the Club itself or against the issuance of a specific use permit, but merely the content of the motion. The motion included a condition that recommends that at anytime the Club is open, there be at least two parking attendants and two Police Officers on duty at that location. I believe that would conclude a brief synopsis. MR. RILEY: The recommendation of the Planning Commission would be in the form of an Ordinance which is: ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A DRINKING PLACE ON PROPERTY LOCATED AT 745 N. ELEVENTH, BEAUMONT, JEFFERSON COUNTY, TEXAS. MARYOR PRO-TEM SAMUEL: Okay, and you've heard Staff report, is there any discussion on Item I? If not, the floor is open for a motion. COUNCILMAN LEE: I move for approval. COUNCILMAN MOORE: Second. MAYOR PRO-TEM SAMUEL: It' s been moved and properly seconded, all in favor: Aye: All Opposed: None Motion carries