Loading...
HomeMy WebLinkAboutMIN MAY 28 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 28, 1991 - 7:00 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of May, 1991, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Mayor Pro Tem 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 Mayor Lord. The Pledge of Allegiance was led by Councilman Goodson. -000- One Proclamation was issued: "Beaumont Professional Bowler's Association Doubles Classic Week, " May 28, 1991 - June 1, 1991. -000- Miss Barbara Wynne, 565 Belvedere Drive, a 5th grade student at Price Elementary School presented Council with a 762 signature petition entitled, "The Dump in your Backyard. " The petition says, "The proposal for City Council is to reduce 25% of all garbage placed in the City landfill. Please help by recycling all products such as paper, glass and aluminum. Sign here to say that you will do your part. " Mr. Brown' s 5th grade science class at Price Elementary has been studying pollution and how to make changes. They asked others to join them by pledging support of this petition promoting recycling. -000- Ms. Jeanne Mitchell, P. O. Box 3311, an employee of Mobil Oil Corporation and a member of the Clean Community Commission introduced Kathleen Domoneck from The Valspar Corporation. Ms. Mitchell explained -119- May 28, 1991 that for four years Valspar employees have been painting a needy family's home in Beaumont. This year Valspar is expanding their project to the Clean Community Commission. As a member of the Clean Community Commission, Ms. Mitchell solicited help from other city businesses. On Saturday, June 1, over 200 volunteers will spray wash, scrape, and paint five homes in the Free Enterprise Zone on Port, Irving, Lincoln, Herring, and Euclid Street. Community support, in addition to The Valspar Corporation, includes Austin Industries, KCI Constructors, Inc. , NCNB Texas (bank) , Steel Painters, Inc. , Cotton Cargo, and Mobil Oil. Ms. Mitchell thanked Council and Administrative Aide Rande Ross for their support and assistance to the Clean Community Commission and these local businesses. Tee-shirts with a bright colored paint stroke across the front representing the project were presented to Council and Rande. Each volunteer will receive a tee-shirt Saturday. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 5 through 10. Mrs. Patsy Clapper, 615 Howell, addressed Council in support of Agenda Item No. 9 pertaining to garbage and trash collection schedules. Mrs. Clapper said she lives in an area selected for a recycling project and commended the City and said she supports continuance and expansion of the program. Mrs. Clapper suggested looking at options for other containers, continueing with separate dates for garbage collection and recyling, and specified dates twice a month for brush collection. Mayor Lord explained that Council is presently considering a larger container with wheels and a lid. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held May 21, 1991; and Resolution No. 91-119 appointing the Reverend David Robinson, Marilyn Carter and Arden Loughmiller to the Martin Luther King, Jr. Parkway Commission for terms expiring January 1, 1993 with The Reverend David Robinson as Chairman and Douglas E. Steinman as Vice-Chairman for terms expiring May 31, 1992 ; Bill Matthews and Dr. Leldon Sweet to the Airport Advisory Commission for terms expiring May 31, 1993 ; Wilton White to the Board of Directors of Reinvestment Zone No. 1 for a term expiring December 31, 1992 ; John W. Millington to the Electrical Board of Review for a term expiring April 30, 1993 ; and David G. Gates to the Clean Community Commission for a term expiring September 30, 1993 ; Resolution No. 91-120 authorizing ladder repairs and recertification by -120- May 28, 1991 the manufacturer to the 1982 model American LaFrance Fire Department Ladder Truck No. 3 at an approximate cost of $30, 000. 00; and Resolution No. 91-121 authorizing full and final settlement of a claim brought against the City for Mary and Robert Howard in the amount of $10,550. 00 and their minor child, Desiree, in the amount of $1,500.00. The Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 91-41 authorizing a specific use permit as required under Section 10-21 (b) of the Fire Prevention Code for a steel above ground flammable liquids storage tank (to store diesel oil and to be situated on 16.99 acres partially inside the City limits) for the Spindletop Gas Storage Facility, 795 Spindletop Avenue, in an area zoned LI (Light Industrial) , (requested by PB-KBB, Inc. , project engineers for the Sabine Gas Transmission Co. and the Winnie Pipeline Co. currently preparing 166 acres to be used for underground storage of natural gas for Gulf States Utilities Co. ) was considered: ORDINANCE NO. 91-41 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN ABOVE GROUND STEEL STORAGE TANK IN EXCESS OF 10,000 GALLONS, TO CONTAIN FLAMMABLE LIQUIDS (DIESEL OIL) FOR OPERATIONS OF THE PROPOSED SPINDLETOP GAS STORAGE FACILITY IN AN AREA ZONED LI (LIGHT INDUSTRIAL) , BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-41 was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 91-42 authorizing a zoning change, requested by Robert Keith Wade on behalf of property owners, Broussard, Collie and Wade, from A-R (Agricultural-Residential) to CM (Commercial Manufacturing) to facilitate commercial development for 4.82 acres out of the Charles Williams League, Abstract No. 59, located on the north side of Walden Road in the 6500 Block was considered: -12- May 28, 1991 ORDINANCE NO. 91-42 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, FROM A-R (AGRICULTURAL- RESIDENTIAL) TO CM (COMMERCIAL MANUFACTURING) , FOR 4.82 ACRES OUT OF THE CHARLES WILLIAMS LEAGUE, ABSTRACT NO. 59, LOCATED IN THE 6500 BLOCK OF WALDEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 91-42 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 91-43 authorizing a specific use permit, requested by Beth Lathrop, a licensed vocational nurse, for a child day care facility for 25 infants at 2401 North Street in an area zoned RCR (Residential Conservation and Revitalization) was considered: ORDINANCE NO. 91-43 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A CHILD CARE FACILITY FOR 25 INFANTS IN AN AREA ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) AT 2401 NORTH Ordinance No. 91-43 was approved on a motion made by Councilman Moore and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 91-44 abandoning the east five feet of a ten-foot utility easement located upon and across the west 10 feet by 110 feet of Lot 32, Block 2, Westgate Addition, at 6275 Daisy Drive, requested by Gail Musarra in order to clear the title for FHA financing of her purchase of a residence there was considered: ORDINANCE NO. 91-44 ENTITLED AN ORDINANCE ABANDONING THE EAST FIVE FEET OF A TEN FOOT WIDE GENERAL UTILITY EASEMENT LOCATED UPON AND ACROSS THE WEST 10 FEET BY 110 FEET OF LOT 32, BLOCK 2, WESTGATE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. -122- May 28, 1991 Ordinance No. 91-44 was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- (This item brought back for Council action because of publication error by the Beaumont Enterprise which invalidated Ordinance No. 90-27 passed by City Council April 17, 1990. ) The third and final reading of Ordinance No. 91-45 granting an amended franchise to Waste Management - Golden Triangle for a commercial garbage collection service was held: ORDINANCE NO. 91-45 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENT - GOLDEN TRIANGLE TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENT AND PROVIDING. FOR SEVERABILITY. Ordinance No. 91-45 granting an amended franchise to Waste Management Golden Triangle for a commercial garbage collection service was approved on a motion made Councilman Goodson and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- (This item brought back for Council action because of publication error by the Beaumont Enterprise which invalidated Ordinance No. 90-25 passed by City Council April 17, 1990. ) The third and final reading of Ordinance No. 91-46 granting an amended franchise to Browning Ferris Industries, Inc. (BFI) for a commercial garbage collection service was held: -123- May 28, 1991 ORDINANCE NO. 91-46 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO BROWNING FERRIS INDUSTRIES TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. Ordinance No. 91-46 granting an amended franchise to Browning Ferris Industries, Inc. for a commercial garbage collection service was approved on a motion made by Councilman Samuel and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- (This item brought back for Council action because of publication error by the Beaumont Enterprise which invalidated Ordinance No. 90-26 passed by City Council on April 17, 1990. ) The third and final reading of Ordinance No. 91-47 granting an amended franchise to REM Waste Control II for a commercial garbage collection service was held: ORDINANCE NO. 91-47 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO REM WASTE CONTROL TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. Ordinance No. 91-47 granting an amended franchise to REM Waste Control II for a commercial garbage collection service was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -124- May 28, 1991 The third and final reading of Ordinance No. 91-48 granting a franchise to Eastex Waste Systems for a commercial garbage collection service was held: ORDINANCE NO. 91-48 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO EASTEX WASTE SYSTEMS TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. Ordinance No. 91-48 granting a franchise to Eastex Waste systems for a commercial garbage collection service was approved on a motion made by Councilman Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 91-122 extending benefits to all City employees who were called to active duty in the reserves or National Guard in the Persian Gulf emergency (Operation Desert Storm) so that they will be compensated for the difference between their City wages and military pay and insurance coverage for dependents continue for a period of 225 calendar days was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 91-123 authorizing an annual contract with APAC-Texas, Inc. to furnish hot mix/hot laid asphaltic concrete for use by the Street and Drainage Division for cut out street repairs and large section street repairs in the amount of $22.75/ton loaded on City trucks at the vendor's plant or $25.25/ton delivered to jobsites in Zones 1 through 4 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 91-124 authorizing a contract with Waste Management -- Golden Triangle for providing solid waste collection and disposal service for City facilities (35 containers at 26 locations) in the -125- May 28, 1990 amount of $2,212 .80 per month for an approximate annual expenditure of $26,553 . 60 was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 91-49 amending Section 28-21.2 of the Code of Ordinances to reflect solid waste collection services: automated collections twice a week except in areas served by recycling routes, add provisions for recycling collections once each week on scheduled days in areas served also by one automated collection per week on designated days, separate collection of lawn waste once each week if placed in plastic bags or other containers on the same days as recycling collections, and brush collection to be made regularly twice a month on days scheduled for different areas of the city was considered: ORDINANCE NO. 91-49 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-21.2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT: PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Discussion raised questions regarding additional cost for twice a week garbage collection--as opposed to once a week--with once a week recycling collection, pilot recycling program costs, whether once a week garbage collection and once a week recycling collection violates vote of citizens for twice a week garbage collection, heightened service for brush collection in peak season, federal and state mandates to reduce the amount of garbage dumped into the landfill, a request for telepoll surveys to indicate citizen opinion and a delay of vote for one week, and funding status of automated garbage collection, Councilman Cokinos made a motion, seconded by Councilman Samuel, to delay voting on this item one week. It was explained that the ordinance proposed today was basically a housekeeping item for the collection program as it is and that staff is preparing further information for a proposal of extension of the recycling program to be presented at a City Council Workshop Session the latter part of June. After further discussion, Councilman Cokinos changed his motion to delay action until after this future Workshop Session; Councilman Samuel would not extend his second beyond one week. The amended motion died for lack of a second. Ordinance No. 91-49 was approved on a motion made by Councilman Alter -126- May 28, 1991 and seconded by Councilman Goodson. Question: Ayes: Mayor Lord Nayes: Councilman Councilman Alter Cokinos Mayor Pro Tem Smith Councilman Goodson Councilman Samuel Councilman Moore -000- Resolution No. 91-125 authorizing payment, estimated at $90, 000. 00, for the cost involved in relocating telephone utility lines (from White Road to north of Dishman Road) in the acquisition of right-of-way for widening of Major Drive (FM 364) to five lanes in a project to be constructed by the State Department of Highways and Public Transportation was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Councilman Moore said that participating in the Celebrity Pro-Am Competition at the Crossroads Bowling Center this afternoon was a lot of fun and interesting to meet the bowlers. (Mayor Lord threw out the first ball for the PBA Tournament and some councilmembers participated in a bowling competition. ) Councilman Moore congratulated the Public Housing Authority for the security lighting dedicated last week and commended the part the City is playing in the new mobil sub station (a confiscated motor home moved to various locations to serve as a temporary Police Department command headquarters) . He said its presence in the community has already begun to lessen some less than desirable activity. Councilman Moore acknowledged the expanded recreation program and the efforts of Councilman Smith, the Beaumont Independent School District, Luke Jackson, and Chris Thompson in putting it together and suggested to Public Works Director Tom Warner that now would be a good time to visit the streets they discussed off Blanchette Street. Councilman Samuel asked for information regarding the minimum number of feet required between street lights and the process for requesting additional street lighting in areas where it is inadequate. Councilman Alter said he would like to echo Councilman Moore's statement about the PBA Tour at the Crossroad Center and encouraged community support, because it is an event that could return to Beaumont every year, and congratulated Councilman Smith and Luke Jackson for a great job in opening up opportunities to help the youth through the recreation program. Councilman Alter mentioned attending several DARE graduations and congratulated the Police Department for their involvement and rapport with the students. He said the audience cheers when Sergeant Duriso stands to speak to them. Also, Councilman Alter said some of -127- May 28, 1991 Council had the opportunity to attend a ceremony welcoming the return of Sergeants Anthony Jauregui and Dennis Myers from Fort Bliss in El Paso who served in Operation Desert Storm and Desert Shield. Sergeant Jauregui and Sergeant Myers were assigned duty at the Port of Beaumont and were adopted by students at All Saints Episcopal School and at the ceremony were made honorary citizens of Beaumont and given keys to the city. Councilman Samuel added commendation to the Police Department for their work with the DARE program. He said it is amazing to watch the children in their responses to the police officers, and learing to understand that the police officers are their friends. He also commended and expressed appreciation to Mayor Pro Tem Smith and Luke Jackson for working on the summer recreation programs. Councilman Cokinos said he would like to echo all previous comments. Mayor Pro Tem Smith expressed her excitement about the program for the summer and said she looks forward to this being something to build upon. She said, "When David (Councilman Moore) and I met with the ministers, and they asked for help with the gangs, and I thought we don't have the expertise to turn those people around, but we do with our resources. If we pull together, we can salvage some of these children that don't have anything to do for the summer. Keep them occupied. And, so I think this is a good preventive program, and I hope we can continue this after school starts, possibly. " Mayor Lord reported that she has received complaints about restroom conditions and supplies at the Municipal Sports Complex and asked that attention be given this matter. Councilman Moore added that he has received a lot of calls about the meeting date for the Task Force formed by the Ministerial Alliance along with he and Mayor Pro Tem Smith and the Police Department. He said the meeting is scheduled for next week, and that part of their mission is to put measures into place to cover weekends as well as during the week. -000- Mr. Walter Kennison, 4045 Rothwell, addressed Council to express appreciation for the night Council meeting, discussed a need for swings and benches at Alice Keith Park, suggested placing the Council Agenda on Channel 31, discussed street repairs, taxes, all elections at the same time, once a week garbage collection, and use of Jefferson County equipment for City projects. Mr. Dan Soto, 240 Enfield, addressed Council to complain of alleged lack of communication and improper handling of an' arrest involving his son and distributed pictures to Council. -128- May 28, 1991 The Reverend M. T. Hunley, 1698 LaSalle Street, addressed Council regarding a need for additional fill under trees at Magnolia Park, solicited "Concerts in the Park" and other activities to be brought to Magnolia Park, and complained about the condition of LaSalle Street between Magnolia and Pine Street. Mr. Joseph Johnson, 1390 North Street, addressed Council regarding street signs covered with mildew and dirt and submitted pictures and a service proposal entitled, A Good Sian. The Reverend Myron D. Barnes, Sr. , pastor of Starlight Missionary Baptist Church, 1090 Buford Street, thanked Council for the youth program efforts and expressed his desire that not only would the programs be recreational, but educational as well, so that young people may become productive and increase their sense of responsibility and self-worth. Councilman Moore told the Reverend Barnes that he will be asked to serve on the recently formed Task Force and explained their plan to motivate and stimulate the young people to emulate positive role models. Mayor Pro Tem Smith expressed support of this suggestion and informed Reverend Barnes of efforts with a similar program she has attempted to present to Beaumont Independent School officials to include in their core curriculum. She emphasized these things need to happen in our schools and the need for teaching values, self-worth, self-esteem, and giving guidance in setting priorities and goals. Ms. Glendy McCray, 6429 Bigner, addressed Council to question size of recycling containers when the entire city is on the recycling program. Mayor Lord told Ms. McCray that Council has expressed to the City Manager a desire that the containers be larger, have a lid, and on wheels. -000- There being no further business, the Regular Session of City Council was adjourned to reconvene in Workshop Session at 9:00 p.m. -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 28, 1991. Rosemarie Chiappetta City Clerk -129- May 28, 1991