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HomeMy WebLinkAboutMIN NOV 15 1994 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 15, 1994 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 15th day of November, 1994, with the following present: HONORABLE: John K. Davis Mayor Pro Tem Councilman, Ward III Andrew P. Cokinos Councilman At Large Becky Ames Councilman At Large Lulu L. Smith Councilman, Ward I Calvin Williams Councilman, Ward IV Absent: David W. Moore Mayor Guy N. Goodson Councilman, Ward II Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Philip Hodge, Antioch Missionary Baptist Church. The Pledge of Allegiance was led by Councilman Ames. -000- Mayor Pro Tem Davis announced that Mayor Moore is en route to City Hall. -000- Mayor Pro Tem Davis said there will be two special presentations made today and asked Mr. Ben Walker to make the first presentation. Mr. Ben Walker, Regional Manager of the Southwest for the Steel Recycling Institute, said his organization is a national trade association working across the nation to raise the recycling rate for steel cans and other steel products since 1988. Mr. Walker said that since the inception of Beaumont's curbside recycling program, steel cans have been included in the weekly pickup, 282 and that today has been proclaimed by the governor as Texas Recycles Day. He said the purpose of this day is to celebrate the successes of recycling, to pledge further improvement in the program for the environment and strive to add new materials to curbside and drop-off collection programs. As part of Beaumont's celebration, Mr. Walker said the Steel Recycling Institute and the City of Beaumont are partnering to add steel aerosol cans to the curbside program. He said Gulf Coast Recycling is cooperating in this endeavor by processing all the cans and Browning Ferris Industries will be collecting the cans. Mr. Walker said he works with city recycling coordinators and solid waste officials across eight (8) southwestern states and that "John LaBrie and Carol Matthews Williams do an excellent job here, and the City should be very proud of the recycling programs that it has." Mr. Walker said he has a special reason for being glad to be in Beaumont on Texas Recycles Day, asked for a special exception today and called Councilman Ames forward. He presented a check in the amount of$1,500 to help Beaumont provide education about recycling aerosol cans from F. C. Johnson Wax Co., a major maker of aerosol cans, to his sister, Councilman Becky Ames. Council expressed appreciation for the contribution, and Mayor Pro Tem Davis asked Recycling Coordinator Carol Williams to explain the request for Block Captains for the Blue Bin Program. Mrs. Williams said the program is designed to get people within the neighborhood to sell the program, educate their friends and neighbors about the Blue Bin Recycling Program. In addition to the Block Captain Program, Mrs. Williams said there is a Junior Block Captain Program where children are formally trained to help their families correctly use the blue bins. Mrs. Susan Giley, chairman of the miniature tree committe for the Symphony of Trees, was asked by Mayor Pro Tem Davis to make the second presentation. Mrs. Giley thanked Council for participating in the Symphony of Trees this year and told them their trees will be among 100 beautifully decorated trees that will be sold to individuals and businesses to raise funds for the Symphony of Southeast Texas. She said many of the trees will then be donated to local charities and children's organizations. Mrs. Giley said there will be many activities that include a party with McGruf, the crime dog, along with Flashy and Sparky and a unique petting zoo where children "can get their hands on some real musical instruments." She announced the Symphony of Trees will be held December 2, 3, 4 and asked her special friends, Santa and Rudolph, to distribute shopping bags to Council filled with decorating supplies to assist them in decorating their trees that will be presented for auction. -000- Mayor Pro Tem Davis acknowledged the attendance of Mrs. Riley's third-grade class from Beaumont Christian Elementary School in the audience. He said the class is learning about their local government in school and are here to observe the conduct of a Council meeting. 283 Mayor Pro Tem Davis announced that an executive session will be held following the workshop session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: the Claim of Mamie Jarreau. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 and 3 through 5. Mr. Chuck Guillory, owner of Chuck's Wrecker Service, addressed Council in opposition to Agenda Item No. 1 amending the Code of Ordinances regarding wrecker companies. Mr. Guillory gave Council copies of a proposed federal law effective January, 1995, relative to deregulation of trucking. Mr. Guillory said an ordinance change should not be made until the proposed legislation is passed after the first of the year, and said he is representing 15 wrecker companies that are in agreement for deferral . -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held November 8, 1994; Resolution No. 94-310 appointing Lori Falk to the Community Development Advisory Committee for a term expiring November 14, 1996; Resolution No. 94-311 granting a ten-foot-wide utility easement to Gulf States Utilities Company/Entergy Corporation out of the James Drake Survey, Abstract 18, on Magnolia Park property 93.50 feet south of the northwest corner of the park, then in an easterly direction for a distance of 329 feet, then in a southerly direction 26 feet, terminating at the Magnolia Park Activity Center, for installation of an underground electric distribution line to serve the Activity Center; Resolution No. 94-312 authorizing settlement of a lawsuit styled Joseph Thornton vs. City of Beaumont et al in the amount of$25,000; and Resolution No. 94-313 authorizing settlement of a lawsuit styled Billy Ray Jennings vs. City of Beaumont, et al in the amount of $100,000. The Consent Agenda was approved on a motion made by Councilman Ames and seconded by Councilman Smith. Question: Ayes: All Nayes: None 284 An ordinance amending Chapter 29, Article IV of the Code of Ordinances regarding wrecker companies by removing Section 29.78 requiring the City Council to declare by resolution public convenience and necessity for wrecker companies before permitting, amending Section 29.82(d) to reduce wrecker response time to twenty (20) minutes from thirty (30) minutes and combining the no-preference tow-away list and the no-preference wrecker list for non-consent tows for all general public wrecker needs was considered: ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS BY REPEALING CURRENT ARTICLE IV DEALING WITH WRECKERS AND ENACTING A NEW ARTICLE IV REGULATING WRECKERS WITHIN THE CITY LIMITS OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The City Manager explained that Staff is aware of the change in federal law, and the ordinance presented today is not in conflict. This ordinance is clarification of Council participation in determining need and necessity for adding wrecker services, reducing response time by wreckers to twenty (20) minutes and combining the two non-preference lists using the same companies to serve all general public wrecker needs. Mr. Riley pointed out that basically the City Attorney's legal opinion states it is not normally the responsibility of City Council to determine need and necessity for another business, but the market place demand, and in some instances, Council might be found to be unreasonably restraining trade within the city limits. Councilman Cokinos questioned the wisdom behind changing the response time from thirty (30) to twenty (20) minutes. Mr. Riley explained that in preference calls, they will have as much time as they need, but in non-preference calls, a police officer might have to wait for a company that takes longer than necessary to respond. He said that the wrecker company may decline a call if it is inconvenient for them to respond within twenty (20) minutes, and the wisdom behind the change is that if the company can respond they may, but on the City's part, it will allow the scene to be cleared and police officers return to normal duty. Councilman Cokinos continued to question the response time change and said he would like more information before amending the ordinance and suggested a workshop be held. Other questions from Council included urgency of moving on this ordinance and the terminology gross incompetence on page 2329 of the Code., The City Manager responded that in this case, the ordinance should be acted upon because of a pending wrecker company application, the public hearing requirement and Council determining necessity of a permit, said the City is currently operating under two non-preference lists requiring maintenance of two sets of files when one non-preference list could serve the purpose and the 285 federal legislation will not affect this change, and said the response time change is not as important and Staff would be willing to retain the thirty (30) minutes. The City Attorney explained that the terms on page 2329 are definitions and part of the existing ordinance passed several years ago, and later on the term gross incompetence is used as a basis by which a company could have their licenses suspended, if the driver committed an action that met this definition. He said the definition is not exact enough to provide a lot of guidance, and the question is well taken. Mayor Pro Tem Davis recapitulated that Councilman Cokinos has requested a workshop on this item, the City Manager has emphasized the importance of the ordinance, buy he cannot support the ordinance at this time because he believes Council, as a governing body, should have input on wrecker companies beginning operation in Beaumont to insure that they are reputable businesses, but the impending question is to vote on or defer this item. The ordinance was deferred on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: Mayor Pro Tem Nayes: Councilman Smith Davis Councilman Councilman Cokinos Williams Councilman Ames -000- Ordinance No. 94-52 abandoning a ten-foot-wide utility easement lying between Lots 4 and 5, Block 18, Calder Place Addition (1010 22nd Street) at the request of Christopher L. Bean was considered: ORDINANCE NO. 94-52 ENTITLED AN ORDINANCE ABANDONING A 10 FOOT WIDE UTILITY EASEMENT LYING BETWEEN LOTS 4 AND 5, BLOCK18, CALDER PLACE ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 94-52 was approved on a motion made by Councilman Smith and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Resolution No. 94-314 authorizing a contract in the amount of $50,000 with the Jefferson County Council on Alcohol and Drug Abuse (JCCADA) to assist with architectural and 286 engineering design cost associated with reconstruction of the structure located at 3410-3440 Concord Road to be converted into a 48 bed alcohol and drug addiction treatment facility was approved on a motion made by Councilman Ames and seconded by Councilman Smith. Question: Ayes: Mayor Pro Tem Nayes: Councilman Davis Williams Councilman Cokinos Councilman Ames Councilman Smith -000- Resolution No. 94-315 authorizing purchase of a bus wash/water reclamation system for installation at the Beaumont Municipal Transit System from Sherman Supersonic Industries Corp. in the amount of $82,058 (80% funding, $65,646.40, by the Federal Transit Administration, 20%, $16,411.60, by City) was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 94-316 authorizing an annual contract with Good News Lawn Service for mowing of developed property at $.0017 per 100 square foot and an additional $.0017 per 100 square foot to remove grass clippings and an annual contract with Alamo Lawn Service for mowing of vacant property at $.0015 per 100 square foot and an additional $.0015 per 100 square foot to remove grass clippings for the Clean Community Division was approved on a motion made by Councilman Williams and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mr. Roberto Flores, 2425 Buchanan, stated to Council that he is grateful for the opportunity to address elected officials and supported the view that all citizens, including City employees, should be allowed to speak freely to any elected or appointed official without concern of reprisal. Mr. Henry Dannenbaum, 2880 Grand, addressed Council to express appreciation for Pastor Delmar Dabney, Cathedral in the Pines, acclaimed him to be a friend to everyone and an example for our children, the next generation, and suggested public recognition of him. Mayor Pro Tem Davis told Mr. Dannenbaum that the City of Beaumont presented a special proclamation to Pastor Dabney at the community celebration held for him last evening at Cathedral in the Pines. Ms. Schieketha Eaglin, 3220 Christopher, addressed Council to report that Digicon is again 287 blasting in her neighborhood and questioned their authority to resume the activity. Mr. Riley replied that Staff cannot answer questions now, but will research the circumstances and issuance of a permit and report to Council. -000- Councilman Cokinos said the recognition of Pastor Dabney at Cathedral in the Pines Christian Center was a beautiful ceremony in acknowledgement of his contribution to the city. He said the tribute was well-deserved, the attendance was good (over 1200), and confirmed that a proclamation was issued to Pastor Dabney by Mayor Moore. Mayor Pro Tem Davis recalled that Mr. Warner, Mr. Nichols, Mr. Kirt Anderson and he spent quite a bit of time with Digicon regarding sizemographic testing in the northend of Beaumont. He expressed concerns about the new testing, remembered a citizen request for notification before testing resumption and requested this situation be analyzed to fully understand the impact of the testing on this area. Mayor Pro Tem Davis asked that the item then come before Council in some form, even if it means revocation of Digicon's permit. He said he has received several calls at his home and office about Digicon's activities and has attempted to reach Mr. Woody Dunn several times at his Super-8 Motel office and has never received a return call. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- 1, Barbara Liming, Deputy 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 November 15, 1994. Barbara Liming Deputy City Clerk 288