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HomeMy WebLinkAboutMIN JULY 12 1994 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 12, 1994 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 12th day of July, 1994, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman, Ward III Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Calvin Williams Councilman, Ward IV Absent: Becky Ames Councilman At Large Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Mr. John Davis, Church of Christ. The Pledge of Allegiance was led by City Engineer J. P. Colbert. -000- Mayor Moore announced that an executive session will be held following the regular session of City Council in accordance with Section 551. 071 of the Government Code to discuss contemplated or pending litigation: the claim of Kevin White. -000- Citizen comment was invited on the Consent and Main agendas. Mr. Charlie Gibbs, 6770 Westgate, chairman of the Convention and Tourism Advisory Committee, addressed Council in support of Agenda Item 4 renaming the Interstate Highway 10 Neches River Bridge, the "George Jones Bridge. " Mr. Gibbs said this action is only the first step in the plans of the Convention and Tourism Committee to encourage tourism to Beaumont and surrounding communities. Among their plans, he said consideration is being given to enlargement of the Babe Zaharias Museum to become a Hall of Fame for all celebrities from Southeast Texas, not just musicians, and possibly schedule regular performances at the -162- July 12 , 1994 Jefferson Theater. Mr. Gibbs said this could be the kickoff of tourism and an economic boom for our community. Mrs. Ruth Naumczik, 370 Giles, addressed Council in support of Agenda Item 1 establishing a curfew for persons under 17 years of age. Mrs. Naumczik said the South Park Neighborhood Association requested a curfew more than a year ago and has waited for the Community Oriented Policing Program to be put in place and said the South Park Neighborhood Association will commit to distributing copies of the ordinances to schools, PTA groups, parents and other interested parties in an effort to educate the community. Mrs. Lena Allison Taylor, 2270 Central, addressed Council in support of naming the bridge after George Jones. Mrs. Taylor recounted memories of Mr. Jones' life in Southeast Texas, commented about his rehabilitation from drug and alcohol abuse and said his style of music is today's music. Mr. Jude Paredez, 920 Wisteria, addressed Council in opposition to renaming the Neches River Bridge for someone who has had a severe alcohol problem, said it is not appropriate because of the number of highway deaths caused by alcohol, spoke in opposition to passage of Agenda Item 1 establishing a curfew and claimed it is like a previous ordinance passed prohibiting anyone asking for sale of illegal drugs because it discriminates against those who are unable to hire a lawyer in defense of the ordinance and questioned it's legality. Mr. Roberto C. Flores, Jr. 730 Central, metaphorically described the community to the memories of a patchwork quilt made by his grandmother, said the character of a community is not made up of one fiber, but many, and commended Mr. Jones for apparently overcoming his problem. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 28, 1994 ; Resolution No. 94-164 authorizing acquisition of Parcel 12 : the north 25 feet of Lot 3, all of Lots 4 and 5, Block 2, Calder Heights Addition, 811 West Lucas Drive, from Richard Carey, III for $590. 00 for the West Lucas Drive Project from Phelan Boulevard to Delaware Street; Resolution No. 94-165 authorizing a one-year contract with Smart's Wrecker Service to provide wrecker services for the Fleet Management Division (inoperable vehicles--$19.75/each for towing and pull-out light duty; $49.75/each for towing and pull-out heavy duty; $5.00/each for jump start-light duty and heavy duty; $5.00 per 1/10 hour for work time) and the Police Department (towing of seized vehicles $20. 00/each for -163- July 12, 1994 towing light duty and $50. 00/each for towing heavy duty) ; Resolution No. 94-166 authorizing Dean Pump, Inc. to upgrade the fueling system at Fleet Management to include installation of a Stage II Vapor Recovery System and overhaul of the line leak detection system and fuel dispensers to comply with the Texas Natural Resources Conservation Commission in the amount of $17,860.21; Resolution No. 94-167 authorizing a License to Encroach to Mark LeGrande, owner of a residence at 165 Orgain Street, described as the north five feet of Lot 5, all of Lot 6, Block 9, Caldwood Forest Addition, in which a storage building is encroaching into the easement for a one-time fee of $500.00; Resolution No. 94-168 authorizing purchase of computer signal equipment from Naztec, Inc. in the amount of $37,600.00 for installation at the intersections of 4th at Cedar, 4th at Crockett, 4th at Fannin, 4th at College, 4th at Blanchette, 4th at Washington, 4th at Fannett, College at Avenue C, College at 8th, College at 23rd and Washington at Houston; and Resolution No. 94-169 authorizing purchase of a total survey unit and drawing software from Transit & Level Clinic in the amount of $18,415. 00 to be used by the Engineering Division to gather field data, convert surveys into drawing and perform complex calculations. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 94-34 establishing a curfew for minors was considered: ORDINANCE NO. 94-34 AN ORDINANCE CREATING A NEW CHAPTER 9 ESTABLISHING A CURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A CURFEW DURING SCHOOL DAYS AND HOURS; PROVIDING A PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilman Cokinos expressed a desire that the curfew be in force each evening from 11: 00 p.m. to 6: 00 am. rather than just Sunday through Thursday. Mayor Pro Tem Davis said that he received an overwhelming consensus from the four Neighborhood Associations in his Ward in favor of a curfew when he discussed the issue with them, said that he personally questioned the -164- July 12, 1994 reasons for limiting rights of citizens and concluded it is because of actions of individuals and what is happening in our society that necessitates action of this nature and reported speaking with a young man who said that a curfew will help him have a safer environment. He said that young man's response convinced him to endorse a curfew. Mayor Pro Tem Davis expressed appreciation for the response and time the Police Department has spent with him at Neighborhood Association meetings. In response to earlier statements made, he said he does not think this action will discriminate against poor people, and as a representative of Ward III, thinks now is the time for this Council to be a Council of action. Also in reference to earlier comments about the drug ordinance he supported, Mayor Pro Tem Davis said "it's a good idea for everyone in the City of Beaumont to realize, if you ask for drugs, you are breaking the law, " and said he doesn't think it is a negative message to send to the community. Councilman Williams said the curfew ordinance was taken to the Neighborhood Associations with the idea of getting feedback from them and said the City Attorney's opinion is that "this ordinance is legal, having been sanctioned by the Fifth Circuit Court of Appeals, if not by the United States Supreme Court. " He said the proposed ordinance pretty much tracks those that have been approved by the Federal Courts. Councilman Smith said this ordinance is not meant to be punitive but to give parents a chance to get' their children off the streets and back in their homes. She said she thinks it is a very positive step and hopes it will bring families closer together, help parents realize they have a responsibility in knowing where their children are, and said she feels comfortable with the ordinance since receiving a legal opinion from the City Attorney. Councilman Goodson expressed appreciation for the memorandum from Chief Scofield. He said it eliminated his concern that the original draft of the ordinance was too liberal in allowing two passes before imposing a fine and said the memorandum clarified that waiving of a fine at the first or second violation is a discretionary decision. Councilman Goodson said after speaking with Neighborhood Associations and the Police Department, he feels good about fair enforcement and thinks it is a good ordinance and can support the amendment suggested by Councilman Cokinos. Mayor Moore thanked Council for meeting with all the Neighborhood Associations to discuss the proposed curfew before passage, thanked the Neighborhood Associations for initially spearheading a curfew and for being patient and cooperative and allowing the Police Department's C.O.P. program to be implemented before establishing a curfew and said "we all have the right now to say we have some ownership to this. " Mayor Moore said the best thing about it is that "Council took it to the streets and addressed the issues with their constituents, and it's now coming back a City of Beaumont plan as opposed to the City Council 's -165- July 12, 1994 plan. " The ordinance was amended to define the curfew hours for minors to be 11:00 p.m. to 6: 00 a.m. each day on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None Ordinance No. 94-34 was approved as amended on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 94-35 amending Chapter 28 of the Code of Ordinances relating to waste disposal regulations and landfill disposal fees to reduce volumes of waste accepted in an effort to extend the useful life of the present landfill was considered: ORDINANCE NO. 94-35 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; AMENDING DEFINITIONS, WASTE DISPOSAL REGULATIONS, AND LANDFILL DISPOSAL FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 94-35 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 94-170 requesting and approving the naming of the Interstate Highway 10 Neches River Bridge as the "George Jones Bridge" in honor of country music singer George Jones was considered. Mr. Riley explained that the City of Beaumont may not singly change the name of the bridge because of the percentage of the bridge's location within the city limits. It requires the endorsement of the City, Jefferson County and Orange County In response to Councilman Williams inquiry, Councilman Smith said that Judge LeBlanc indicated that Jefferson County is receptive to the name change and has written to Orange County officials. Councilman Cokinos said there seems to be some controversy about renaming the bridge and requested a work session be held. He said that even though he appreciates George Jones' musical abilities, he does not think public buildings, streets or highways should not be named after living persons and said he has received calls at home from citizens expressing those feelings. -166- July 12, 1994 Mayor Moore said calls in excess of 500 have been received in the Executive Offices in favor of renaming the bridge and seven in opposition, and since a lot of discussion has already taken place, another meeting might only lead to further discussion of an individual and asked if Council had other questions to raise them now. Mayor Pro Tem Davis pointed out that renaming the bridge is only the beginning of a grander economic plan for the city. He said we have an opportunity to capitalize upon the success of the country music superstars that have been produced from this area and cultivate business opportunities, said that everyone makes mistakes in a lifetime and said Mr. Jones has made a great contribution to the country music industry. Councilman Goodson said that we're trying to recognize someone for their attributes not their failures, we're all flawed and maybe we don't give enough praise to those who have done good for our community. He said there was an interesting article in Texas Monthly about the contributions of country music in this area and said we should use the opportunity the Convention and Tourism Bureau has given us to develop collaboratively with Port Arthur and Orange the real talents that have been brought to us by musicians and athletes and would encourage moving forward with the resolution. Councilman Smith concurred with moving forward with the resolution, recounted some of George Jones' early talents and said "he's an icon to the younger country and western stars. . .and that we need to do something for him. " Councilman Williams said that after reading about Mr. Jones, "perhaps a bridge may be very symbolic of the man because we think in terms of bridges connecting one point to the other, " and Mr. Jones has overcome and progressed from one point in his life to another, and said he has no opposition to moving forward with the resolution. Resolution No. 94-170 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: Mayor Moore Nayes: None Mayor Pro Tem Davis Councilman Smith Councilman Goodson Councilman Williams Abstained: Councilman Cokinos -000- Resolution No. 94-171 authorizing acquisition of Parcel 113: 0. 1863 acre tract out of Lots 7 through 12, Block 37, Jarrett Addition (240 Interstate - 10 North) from Patrick Henry Phelan and Michael Arthur Phelan, Trustees, for the appraised value, less improvements retained, -167- July 12 , 1994 of $319, 092.00 for improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan Boulevard was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Davis. Question: Ayes: All Nayes: None Again, questions were raised and discussion held regarding the 1980 bond issue for major street repairs and standards used for establishing a priority ,list. -000- Resolution No. 94-172 authorizing execution of a contract with the Texas Department of Transportation (TxDOT) to furnish and install traffic signals at the intersections of Laurel, Liberty, Calder, North and MLK with IH-10 on the last phase of the Martin Luther King, Jr. Parkway (spur 380) project was approved on a motion made by Councilman Cokinos and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Resolution No. 94-173 endorsing the Jefferson County Redevelopment Project (renovation of the Jefferson County Courthouse, a Historic Landmark in downtown Beaumont, and the construction and landscaping of public parking areas to serve the newly constructed Beaumont Postal Facility and County Annex) and recommend this project for "enhancement funding" by the Texas Department of Transportation was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Williams said there was discussion at the Charlton Pollard Neighborhood Association about housing in that area, relayed information that Habitat for Humanity will be building 18 houses at Habitat Park and questioned Planning Department involvement, the number of houses originally promised to be built and said he would like to be a part of the process in planning additional housing construction there. Mayor Moore explained that when the City began the housing program, the intent was to try to build 40 units throughout the city, and the commitment is still on line. Mayor Pro Tem Davis said that Mayor Lord asked him to serve on a committee to increase membership in Boy Scouts from the Afro American community along with Jim Cline from the Engineering Department. He said they worked diligently for three months on that effort and culminated with them taking nine boys to a one-week Boy Scout retreat, and it gave those boys an opportunity to broaden their horizons. Mayor Pro Tem Davis expressed deep appreciation to Jim Cline for the time he spent -168- July 12, 1994 with the boys and the visits he made to the retreat to check on them. Councilman Cokinos said the Fourth of July celebration at Riverfront Park was a wonderful event with the largest crowd in his memory to witness the program presented by the Symphony, the fireworks and other activities, congratulated the Food Bank of Beaumont for their successful summer food drive at Parkdale Mall, said the Art Studio had an impressive grand opening on Franklin Street, congratulated the Port of Beaumont for the changing of command and said the past two weeks have been pretty busy. Councilman Goodson reminded Council that he has received a packet from Texas Municipal League because he is on the Legislative Committee and invited them to review the bills that will affect municipal government before their meeting this month and in October. Councilman Smith echoed Councilman Cokinos' accolades about the Fourth of July celebration, commented about the flag from Washington, D.C. that Senator Phil Gramm presented to Beaumont, and said it was a very warm and touching ceremony. Mayor Moore confirmed that the past two weeks have been busy and said every week is busy and that Councilman CokinosI comments relayed the diversity of activities and the number of hours Councilmembers spend in the community. Mayor Moore echoed sentiments about the Fourth of July celebration, said it was a great presentation by the Symphony, thanked Mobil Oil and Target for their sponsorship of the event and relayed comments received from a new resident to Beaumont about the wonderful Fourth of July activities. Also, Mayor Moore shared an opportunity he had last Friday to be at Lamar University Park to speak to the youth who are participating in the "I Have A Dream" Institute. (a program inspired by Mr. and Mrs. Ben Rogers) He said this is probably one of the greatest things young students could experience. They have the opportunity to become acquainted with college before they actually attend high school. -000- Mr. Ben Rogers, 2030 Thomas Road, addressed Council to suggest that perhaps Concord Road might be considered as an emergency evacuation route and received rehabilitation funding from the State, commented about honoring the dedication of Dr. R. Lee Clark of M. D. Anderson, asked if the money recovered from the recent drug theft could be put in a trust to be used for education of children of law enforcement officers killed in the line of duty, suggested a special reception in honor of our Police Officers to show city support, asked that demolition of the hotel be expedited for parking space for the new postal facility, commented about the parking meters in downtown being obsolete and suggested their removal, and asked if Council could speed up the completion of the College Street improvements and alleviate some of the -169- July 12, 1994 business problems merchants are suffering. Mr. Henry Dannenbaum, 2880 Grand, addressed Council to compliment the Fourth of July activities and Mayor Moore's leadership. Ms. Carol Susan Fore, 4740 Dellwood, addressed Council to inquire if the City has formulated a multi-cultural committee, volunteered her service and listed the agencies she has assisted. Mr. Rex Johnson, 4350 Chaison, addressed Council to complain that too much emphasis is placed on improvements in the west end of Beaumont and not enough on the east side. -000- There being no other business, the regular session of City Council was recessed to reconvene in 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 July 12, 1994 . Rosemarie Chiappetta City Clerk -170- July 12, 1994