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HomeMy WebLinkAboutMIN JUN 13 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 13, 1995 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 13th day of June, 1995, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tern Councilman, Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Paul Gallion, pastor of the First Baptist Church of Cheek. The Pledge of Allegiance was led by Travis Collins, a student attending today's meeting. -000- Mayor Moore called an Executive Session, pursuant to Section 551.071 of the Government Code to discuss contemplative or pending litigation, specifically the Claim of J. P. Griffin, Sr. et al, and potential claims for unpaid pipeline fees. -000- Mayor Moore introduced Mr. Jeffrey J. York, the new Executive Director of the Art Museum of Southeast Texas, formerly Director of Education and Public Programs at Birmingham, Alabama Museum of Arts. 159 June 13, 1995 Councilman Smith added that "after a six months search (by the Museum Board), we have found Jeffrey and we are very delighted to have him on board and we are looking forward to working with him and him enlarging our audience and our presence in the community." Mr. York: "Honorable Mayor Moore and City Councilmembers, I want to thank you for this wonderful tribute to myself and my wife Melanie who is unable to be here today. I am extremely excited about moving to Beaumont and becoming the Director of the Art Museum for the community. It is my firm belief that a museum should serve everyone in the community and it's my pledge as the Art Museum Director to begin to develop audiences and programs and exhibitions and exciting new things at the museum that will indeed attract audiences from all over the area to the community and hopefully serve as a catalyst to bring new business into the area as well. So, thank you very much." Mayor: "... ... you spoke to a number of things, one of the most interesting things is the fact that the Art Museum can be and is a catalyst and has been place where we have many meetings with various governmental entities from around our community. We view Beaumont somewhat as the hub. We also like to think that we bring a whole new level of culture to Southeast Texas and we certainly hope that you will continue that and if we can help you we certainly will be there and of course you will hear from us when we need your help." -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items. There being no one who wished to address Council on agenda items, the session was continued. -000- Item C of the Consent Agenda was pulled for separate consideration at the request of Councilman Goodson. The following Consent Agenda items was considered: Approval of the Minutes of the regular City Council session held June 6, 1995. The Consent Agenda was approved on a motion made by Mayor Pro Tern Davis and seconded by Councilman Smith. Ayes: Ayes: All Nayes: None 160 June 13, 1995 Resolution No. 95-153 authorizing the settlement of City of Beaumont vs. Successful Endeavors, Inc. et al in the amount of $110,000, for the acquisition of the abandoned, downtown LaSalle Hotel was approved on a motion made by Councilman Ames and seconded by seconded by Councilman Patterson. Question: Ayes: Mayor Moore Nayes: None Mayor Pro Tern Davis Councilman Cokinos Councilman Ames Abstained: Councilman Goodson Councilman Smith Councilman Patterson -000- Councilman Davis made a motion to elect Councilman Ames to the position of Mayor Pro Tem; motion was seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- In accordance with the proposed settlement of the Southwestern Bell litigation the city must adopt a new franchise ordinance in order to accept its portion of the settlement fund of $1.6 million. The specific terms of the ordinance are dictated in the settlement agreement and are not subject to variation. The ordinance provides for a payment of $560,000 to the City during its first year; for a two year term which will provide the City an adequate amount of time to determine whether the annual fee escalator provided in the ordinance is reasonable and to determine whether the administrative changes posed by the ordinance have any significant effect on City operations. The second reading of the proposed franchise ordinance with Southwestern Bell Telephone Company was held: AN ORDINANCE AN ORDINANCE WHEREBY THE CITY OF BEAUMONT, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, 161 June 13, 1995 The second reading of the proposed Southwestern Bell franchise ordinance continued: HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. The ordinance was passed to its third and final reading on a motion made Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 95-154 approving Change Order No. 1, in the amount of $10,433.52, to the contract with B.G.I. Enterprise, Inc., for the replacement of spreaders, orifice plates, gaskets and fasteners not included in the original contract for manufacturing four (4) new distributor arms for the primary trickling filter for the filtering system located at the Sewage Treatment Plant (contract to $53,433.52) and authorizing final payment in the amount of$14,733.52, including Change Order No. 1, was approved on a motion made by Councilman Davis and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- Jefferson County Commissioner Ed Moore, on behalf of the Southeast Texas Regional Planning Commission and after a lengthy study process by that group concerning the televising of local government meetings, addressed Council to explain some of the process and to extend an invitation to the Beaumont City Council to participate in a pilot program with four other entities in the televising of its meetings at no cost to the city. Councilmembers requested a future workshop session for a more in depth discussion of the proposal. 162 June 13, 1995 Councilman Davis said that at a recent Parks and Recreation Advisory Committee meeting, a discussion was held concerning the possibility of signage along Interstate 10 for Tyrrell Park and the Wetlands Project which also would list activities and events held in the Park. He said the group knew that the State Highway Department and dollars would have to be involved, but they questioned the feasibility of the signage to increase interest and usage of the park. In addition, Councilman Davis reported that the a discussion was held during the recent meeting of the North End Neighborhood Association concerning safety because of increased drug activity in the area of Concord Rd near the old Mercedez Club. Councilman Davis also questioned whether downtown parking meters were to be discussed at a future workshop. He was told the subject is scheduled for discussion at the next meeting. Mayor Pro Tern Ames mentioned that several members of neighborhood associations in attendance at today's meeting and expressed appreciation for their interest. Also, she reminded all of the fund-raiser Friday night, June 16th for the Police Activities League (PAL), a group of police officers who offer sports activities in the summer to children in the fourth, fifth and sixth grades. Councilman Smith spoke to the need of better education for the public in areas of permits and code enforcement, saying: "I have a lot of problems in some neighborhoods with the people just deciding to do things that are illegal and somehow they decide to do them on the weekend, so we wake up Monday morning after the fact ... ..." She asked Dan Wallach, reporter for the Beaumont Enterprise, to consider a series of articles on Code Enforcement as a portion of this education process. In addition, she agreed with Mayor Pro Tern Ames and spoke in support of the Police Activities League, saying they have programs throughout the school year and are doing a great job. Councilman Patterson asked why the scheduled Neighbors in the Park event was cancelled Sunday, saying there were people there and vendors, but no event. The Mayor responded that he had gone by also and found it cancelled and mentioned the threatening weather earlier in the day could have caused the event to be cancelled. Councilman Patterson also concurred with remarks concerning the Police Department's PAL Program and urged support of the fund-raising event. Mayor Moore congratulated the Southwestern Bell Network Group and their activities this weekend and mentioned that he had also visited with their Chief Operating Executive, Mr. Whitaker. He said he was also proud to be a part of the American Veterans Program on Saturday morning. In addition, he said that one of the treats of the weekend was visiting with 163 June 13, 1995 Mayor Moore continued: a group of young people and their parents at Morning Star Church, along with Dr. Colbert, a pediatrician in our community, and Floyd Dixon, a former wide receiver for the Falcons and the Eagles. He also addressed Councilmembers Cokinos, Ames and Patterson, saying he had been approached by some there eager to start a neighborhood association that would meet at Morning Star Church, in the northern part of Ward IV. -000- Mrs. Norma Roberts, 2360 Cable, president of the Cable Street Association, addressed Council in support of the PAL's program, saying she is a volunteer with the program. Mr. Mike Therrien, 2525 North, addressed Council in support of the historical overlay in the Oaks District but asked for stronger enforcement of the requirements for construction or rehabilitation of the homes in that district, specifically citing a new, non-conforming driveway being dug for the residence at 2575 North. Mr. Lindsey Walker, 2537 Calder, presented Councilman Andrew Cokinos a T-shirt with a photograph of the two of them on a see-saw taken at the recent dedication of Lefler Park. -000- There being no other business, the regular session of City Council was recessed before continuing with the Executive Session. -000- 1, 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 13, 1995. Rosemarie Chiappetta City Clerk 164 June 13, 1995