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HomeMy WebLinkAboutMIN NOV 16 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 16, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 16th day of November 1993 , with the following present: HONORABLE: Evelyn M. Lord Mayor Guy N. Goodson Mayor Pro Tem Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large John R. Davis Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Don Stabe, Minister of Music at Cathedral in the Pines Christian Center. The Pledge of Allegiance was led by Councilman Alter. -000- In response to mention of the annual Thanksgiving celebration in the Reverend Stabe' s prayer, Mayor Lord extended an invitation to all citizens to share in this city-wide service at the Julie Rogers Theatre at 4 : 00 p.m. , Sunday, November 21st, and expounded upon events of the celebration. She said that a musical prelude will begin at 3 : 30 p.m. , a Brass Quintet will premier a composition of the Reverend Stabe's, and that donations of canned goods will be accepted and given to Some Other Place and the Homeless Shelter for distribution to the needy. -000- One Proclamation was issued: "National Community Education Day, " November 16, 1993 . -000- Parks and Recreation Director Luke Jackson, Pat Henderson, Chairman of the Parks and Recreation Advisory Commission and Nancy Cambigila, a -286- November 16, 1993 representative of the Beaumont Rugby Football Club, publicly acknowledged an "Adopt-A-Park" agreement to keep the area around Shelter Number 1 at Tyrrell Park free of litter and debris. Ms. Cambigila explained that the Beaumont Rugby Football Club began about ten months ago and experienced their first official match last Saturday at Tyrrell Park. She extended an invitation for spectators to attend the matches and expressed appreciation for the fine facilities of Tyrrell Park. Mr. Jackson and Ms. Henderson thanked the Rugby Club for volunteering to participate in the "Adopt-A-Park" program. -000- Citizen comment was invited on the Consent and Main Agendas. Mr. Terry Bennett, 5210 Bigner Road, addressed Council on behalf of the Northend Neighborhood Association in support of Agenda Item No. 2 prohibiting solicitation of illegal drugs. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held November 9, 1993 ; Resolution No. 93-284 reappointing Dr. Edward C. Ludwig, Ingrid Fisk, David McCauley, Kip Kevin Lamb, and Elizabeth Pratt to the Animal Health Advisory Committee for terms expiring October 31, 1995; David Hornack to the Convention and Tourism Advisory Committee for a term expiring September 30, 1995; and Lillie Scourton to the Library Commission for a term expiring October 31, 1995; and appointing Virginia Stansbury and Ida Mae Bouligny to the Senior Citizens Advisory Committee for terms expiring September 30, 1995; and Resolution No. 93-285 accepting a ten-foot-wide sanitary sewer easement out of Lots 5 and 6, Block K of the T. H. Langham Estates Subdivision from Mr. and Mrs. Mark Merrill to serve the new Entex facility located on the southeast corner of College Street and Langham Road. The Consent Agenda was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Goodson. Question: Ayes: All Nayes: None -000- Before conducting official action on the Regular Agenda, Mayor Lord said, "we're going to be honoring a very, very special lady today, Delia Harrington. So, we didn't want to just make it sound like everyday, ordinary business, because it isn't, and you' ll soon hear all about it. . .Marie Calcote is particularly sorry she couldn't be with us, and I -287- November 16, 1993 promised her I would tell you that, so, Mr. Manager, will you lead us through this happy Resolution. " Mr. Riley: Our first item is a Resolution, and I 'd like to read the Resolution, if Council doesn't mind. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the honorary position of Emeritus Commissioner of the Keep Beaumont Beautiful Commission is hereby established as a lifetime non- voting membership to be conferred by the City Council in recognition of outstanding service; and, BE IT FURTHER RESOLVED that Delia Harrington is hereby appointed as the first Emeritus Commission of the Keep Beaumont Beautiful Commission. . . .I think all of us have known Delia for sometime. I 've known her for 15 years, and I 'd say that my welcome to Beaumont--the very first visit I was here--was an opportunity to see Delia Harrington working at her job, that she does so well, in keeping Beaumont beautiful by picking up litter there in front of her house on Willow, some 15 years ago. That actually predates the Keep Beaumont Beautiful. It also predates the Clean Community Commission. In fact, all of those efforts joined Delia Harrington--for all became part of the Delia Harrington Keep Beaumont Beautiful Commission, and I think it's appropriate that today we honor her and commission her as Commissioner Emeritus. Mayor Lord: You know that means we got you forever, you know that. Just translating! Resolution No. 93-286 establishing the honorary position and appointing Delia Harrington as the first Emeritus Commission of the Keep Beaumont Beautiful Commission was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None Mayor Lord extended an invitation for expression to Mrs. Harrington. Mrs. Delia Harrington: Your Honor Mayor and all of you on the Council and all of you that's present, I ' ll tell you, I was so surprised. You know when I first read my letter, I said well, they're gonna turn me out in the pasture. Well, I said I got news for them, they're not gonna keep me from keeping all this clean. I ' ll work from my house clear to the Post Office, the Federal Building! And people, you know when I 'm not out there, lot of -288- people from different business places, would you believe it, they'd call me. We were just worried, we haven't seen you in two or three days. I just said, I happened not to get there at the regular time, but I appreciate each and everyone of you, and I 'm not the only one that does it. I said that in 1959, around there, everything was so messy in my neighborhood. I kept standing there, and my brother had a grocery store there and said well, quit complaining and get out there and get busy! So, I shut my mouth after that, and of course, it wasn't no organization, I just took it on my ownself. And, the first thing I knew, a few neighbors came in, you know, and then finally, the Highway (Dept. ) tore down all the business places and the funeral home, and you name it. I could name everyone that lived there. I missed all my neighbors. Then a lot of people said, don't you hate the highway coming. I said, no, it couldn't be any worse than what it was! And, sure enough, for a while they were messy, but they finally said, well, that poor old lady out there picking up that trash, so they're having pity on me. So which I 'm very glad! And, all these young people, all that we have now on the, working with the Clean Community Commission, I 'm just so proud of them, till I don't know what to do. And, I couldn't do without everybody's help. I didn't do it myself, you know in later years, it became organized. I was too busy to organize anything. In fact, I wasn't that smart, I don't think. So, anyway, I 've just enjoyed working, and I really enjoy it. It's a recreation to me to me, really. . . I thank each and everyone of you, and I love you. I just have to pinch myself, you know, I still don't think I 'm living. Mayor Lord: We love you, Delia, and would the Clean Community Commission members that are with us today stand up today so we can recognize you, as well. Councilman Alter congratulated Mrs. Harrington and said that thanks to all of her work and the work of David Oliver, Tom Nelson, Bruce Drury and the Clean Community Commission, the City of Beaumont is recognized as a "Keep Texas Proud" community and unveiling of the official designation signs will be tomorrow at noon at Highway 90 and Keith Road. Mayor Lord informed those who use the parking lot adjacent to City Hall that the roses along the fence near the entrance of Riverfront Park have been planted and are cared for by Mrs. Harrington. She again thanked Mrs. Harrington for her dedicated, volunteer service to Beaumont and the Clean Community Commission members for their attendance. -000- Ordinance No. 93-68 prohibiting solicitation to acquire illegal drugs, providing penalties and constituting a misdemeanor punishable upon conviction by a minimum fine of $100. 00 and a maximum of $2, 000. 00 upon conviction in an effort to deter drug trafficking, was considered: -289- November 16, 1993 ORDINANCE NO. 93-68 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING ARTICLE V TO CHAPTER 18, PROHIBITING SOLICITATION TO ACQUIRE A PROHIBITED SUBSTANCE; MAKING VARIOUS PROVISIONS AND FINDINGS RELATING TO THE SUBJECT; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES THEREFORE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Mr. Riley said that "Section 1 provides the amendment with the definitions. Section 18-26 is the offense. Section A is the. . . governing part which says, A person commits an offense if, with intent to acquire a prohibited substance, he requests, commands or attempts to induces another to sell, donate or otherwise transfer or deliver a prohibited substance to the person. " He said that Council reviewed the provisions of the ordinance in Workshop last week, it is self- explanatory and does provide for a misdemeanor punishable upon conviction by a minimum fine of $100. 00 and maximum of $2, 000. 00. Ordinance No. 93-68 was approved on a motion made by Councilman Davis and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 93-287 authorizing Change Order No. 1 in the amount of $2,235.36 to the contract with Allco, Inc. for Contract II, Wastewater Treatment Facilities Improvements and authorizing final payment in the amount of $137, 815. 52 for a total contract amount of $2 , 535, 549.44 was approved on a motion made by Mayor Pro Tem Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 93-288 authorizing a one-year extension to the contract with Browning Ferris Industries (BFI) , effective February 1, 1994, in the amount of $1. 41 per month per active household to provide curbside collection of commingled recyclable materials was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 93-289 authorizing submission and acceptance of a $50, 000. 00 grant application to the South East Regional Planning Commission (SETRPC) to further develop and enhance the Beaumont Recycles -290- November 16, 1993 public education and awareness program was approved on a motion made by Councilman Davis and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 93-290 authorizing a three-year lease agreement for the RCS (Kansas City Southern) depot building located at 1205 Franklin Street in the amount of $900. 00 per month with Mr. Edgar Lieck, a private attorney an public defender in Judge Larry Gist's Criminal District Court who wishes to relocate his office, was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 93-291 authorizing acquisition of Parcel 118: all of Lots 7 through 12, Block 35, Laurel Heights Addition from Alex Hill for the appraised value of $148, 985. 00 for the Liberty-Laurel Phase III project (Corridor from Eleventh Street to Phelan Boulevard) was approved on a motion made by Mayor Pro Tem Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 93-292 authorizing in lieu payment of $20, 000. 00 for relocation assistance to A. Louise Hill, owner of Hill' s Children's Nursery, a displaced business due to the Liberty-Laurel Corridor improvement project (Parcel 118) , as provided in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 was approved on a motion made by Mayor Pro Tem Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted in accordance with Section 551. 071 of the Government Code to discuss contemplated or pending litigation: Dave Shows vs. the City of Beaumont following the Workshop Session. -000- Mayor Pro Tem Goodson again extended an invitation to attend the annual Community Thanksgiving Celebration beginning Sunday afternoon at 3 : 30 p.m. with a musical prelude. Councilman Davis invited Council to attend the Roberts Neighborhood Association meeting tonight at 7 : 00 p.m. at 1205 Roberts Avenue. -291- November 16, 1993 e Mayor Lord added that an emphasis at this year's Community Thanksgiving Celebration will be to honor our neighborhood associations by showing a video of their activities, and the theme of the Celebration is "Celebrating our Neighborhoods, Celebrating our Neighbors. " -000- Mr. Terry Bennett, 5210 Bigner Road, and Ms. Schieketha Eaglin, 3220 Christopher, addressed Council to ask for improvements to Haynes Park located in the 3600 block of Roland Road to provide a suitable recreational area for the children and youth. Staff said the City of Beaumont leases the property where the park is situated and in order to develop permanent long-range improvements would have to acquire the land, but will do whatever possible to maintain the recreational area. Mr. Henry Dannenbaum, 2880 Grand Avenue, addressed Council to complement Delia Harrington for her outstanding citizenship. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Workshop 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 November 16, 1993 . Rosemarie Chiappetta City Clerk -292- November 16, 1993