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Home My WebLink AboutMIN DEC 07 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 7, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 7th day of December, 1993, with the following present: HONORABLE: Guy N. Goodson Mayor Pro Tem Councilman, Ward II Andrew P. Cokinos Councilman At Large John K. Davis Councilman, Ward III Lulu L. Smith Councilman, Ward I David W. Moore Councilman, Ward IV Absent: Evelyn M. Lord Mayor Brian R. Alter Councilman At Large Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Anthony C. Cecil, Jr. , Saint Paul 's United Methodist Church. The Pledge of Allegiance was led by Councilman Cokinos. -000- Mayor Pro Tem Goodson announced that Mayor Lord is out of the city today and thanked the carollers from the South Park neighborhood for bringing the Christmas spirit into City Council by providing Christmas music in the lobby of City Hall prior to Council meeting. -000- A Proclamation was issued applauding "Mattie Mae Williams" for her long and successful life as a role model for the youth, as a leader of the Peaceful Rest Baptist Church for over forty years and as a guest of honor at a Friends and Family celebration recognizing Mrs. Williams. -000- Mr. Jim Rieker, Manager of Mobil Chemical 's Aromatics Plant, formally presented a Christmas tree for the lobby of City Hall, with hand-made decorations provided by Assumption School, Baby Bird Day Care, Highland Baptist Day Care, MacArthur Elementary School, Pietszch Elementary -305- December 7, 1993 School, South Park Middle School and the South Park Neighborhood Association. Mr. Rieker said the tree and decorations represent the cooperation and partnership that exists between Mobil Oil and the community. -000- Mr. Weldon Browning presented results of the 1993 Photometric Index Study conducted by the Industrial Technology and Industrial Engineering Departments of Lamar University evaluating litter deposits within the city of Beaumont. Mr. Browning said that since the original study in 1981, there has been an 86% improvement in the control of litter. The study showed some increased litter at loading docks and commercial refuse storage areas, and Mr. Browning suggested sharing the study results with these businesses to inform them of the increase. Mayor Pro Tem Goodson, on behalf of Council, and Dr. Tom Nelson, Chairman of the Keep Beaumont Beautiful Commission, thanked Lamar University, professors and students for conducting this complex and detailed study for the City. -000- Mayor Pro Tem Goodson announced that an Executive Session will be held following the Beaumont Housing Finance Corporation meeting in accordance with Section 551. 071 of the Government Code to discuss contemplated and pending litigation: Jeff Chadney vs. City of Beaumont. -000- Citizen comment was invited on the Consent and Main Agendas. Mr. Myron Myrick, 3950 University Drive, addressed Council as a representative of the South Park Neighborhood Association to request that Agenda Item No. 4 be amended to grant the Association an additional $5, 000. 00 to purchase and install address numerals on residences as requested by the Fire Department and EMS. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held November 23, 1993 and the Minutes of the special City Council session held November 28, 1993 ; Resolution No. 93-300 appointing Fanniece Hawkins to the Keep Beaumont Beautiful Commission for a term expiring September 30, 1995 and reappointing Carol Gertz to the Library Commission for a term expiring October 31, 1995; -306- December 7, 1993 Resolution No. 93-301 authorizing a Grazing Lease on six hundred (600) acres of land out of the Christian Hillebrant Survey (in the Constructed Wetlands Project) to Mr. Lewis Marshall for ten (10) years at $600.00 per year, waiving the first two years payment for consideration of the Lessor fencing and spraying the area; Resolution No. 93-302 accepting Street and Storm Sewer Improvements: Colonial Drive from existing pavement on Colonial Drive approximately 861 feet south to and including a temporary cul-de-sac and Champions Drive from existing pavement on Colonial Drive approximately 524 feet in an easterly direction to and including a temporary cul-de-sac; and Water and Sanitary Sewer Improvements: Lots 1-61 Block 1, Lots 1-6, Block 2, and Lots 1-6, Block 3; Willow Creek Country Club Estates, Phase II, Section IXA, contingent on filing of the final plat complete with proper filings of dedication of all rights-of-way and easements required on preliminary and final plats; Resolution No. 93-303 authorizing purchase of four (4) forty-cubic-yard roll-off containers from Modern Manufacturing in the amount of $4, 680. 00 per unit, for a total of $18,756. 00, to be placed near the Landfill 's main entrance for citizen convenience when disposing of refuse; Resolution No. 93-304 authorizing a one-year contract with Callaway Chemical Company to furnish liquid polymer at a cost of $0.84 per pound for use by the Water Production Division in the treatment of municipal drinking water; Resolution No. 93-305 authorizing purchase of thirty-six (36) 30" x 72" folding tables at $125. 00 each and ninety-one (91) 30" x 96" folding tables at $135.00 each for a total of $16,785. 00 from Mity-Lite Tables for the Convention Facilities Department; Resolution No. 93-306 authorizing purchase of ten (10) portable stage sections in the amount of $1, 650. 00 each and four (4) guard rails in the amount of $188. 16 each, for a total of $17,252. 64, from Sico, Inc. for the Convention Facilities, Civic Center Complex; and Resolution No. 93-307 authorizing submission for and acceptance of a grant request to the Texas Historical Commission for a 1994 Certified Local Government (CLG) grant up to as much as $21,404 . 00 ($10, 698, state cash and $10,706, local match, $890 cash, remainder is in-kind work of staff) . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 93-78 amending Section 6-21 of the Code of Ordinances to -307- December 7, 1993 require a building permit (insuring smoke detectors are in place) prior to installation of burglar bars was considered: ORDINANCE NO. 93-78 ENTITLED AN ORDINANCE AMENDING SECTION 6-21 OF THE CODE OF ORDINANCES BY ADDING AN AMENDED SECTION A.103 . 1. 1 TO THE STANDARD BUILDING CODES PROVIDING FOR THE OBTAINING OF A BUILDING PERMIT FOR THE INSTALLATION OF BURGLAR BARS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR PENALTY. The City Manager said this ordinance was proposed by Councilman Cokinos in the interest of public safety to promote installation of smoke detectors when burglar bars are being installed. Mr. Riley said that for at least 90 days, the Building Permit fee will be waived, and that the Fire Department has a number of smoke detectors remaining from a program sponsored by the Red Cross funded with CDBG monies that may be provided and installed by Fire Department personnel. Councilman Cokinos expressed appreciation for preparation of this ordinance and said his concern is that needless deaths occur with victims being trapped or "imprisoned in their own home because of the security bars. " He said that perhaps the smoke detectors will give sufficient warning, and that "if we can save the city one life, this will be a useful ordinance for the City of Beaumont. " Councilman Moore questioned regulations regarding homes that already have burglar bars and expressed concern about adding any extra Building Permit fees to owners of small businesses that install burglar bars. After further discussion, the City Manager said that if Council desires, there could be a permanent waiver of fees, and the intent of this ordinance is the installation of smoke detectors and promotion of fire safety, not generating income. Ordinance No. 93-78 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 93-79 ordering a one-time refund to Gulf States Utilities ratepayers ' bill in the month of December, 1993, in the amount of $2 .96 million on a Texas retail system-wide basis was considered: -308- December 7, 1993 ORDINANCE NO. 93-79 ENTITLED AN ORDINANCE ORDERING A ONE-TIME REFUND TO RATEPAYERS ' BILLS; ORDERING THAT THIS ORDINANCE BE SERVED ON GULF STATES UTILITIES COMPANY; PRESERVING REGULATORY RIGHTS OF THE CITY AND PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. Ordinance No. 93-79 was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Before introduction of Agenda Item No. 3, Mayor Pro Tem. Goodson said he would abstain from voting on this ordinance because he worked with members of the Commissioners Court and the Beaumont Housing Finance Corporation's board in preparation of the request for placement of this item on today's agenda. Ordinance No. 93-80 assigning the Jefferson County Housing Finance Corporation the authority of the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in 1994 was considered: ORDINANCE NO. 93-80 ENTITLED AN ORDINANCE ASSIGNING TO THE JEFFERSON COUNTY HOUSING FINANCE CORPORATION TO ISSUE QUALIFIED MORTGAGE BONDS IN CALENDAR YEAR 1994 ; APPROVING THE MAKING OF HOME MORTGAGE LOANS WITHIN THE CITY FROM THE PROCEEDS OF BONDS ISSUED BY THE JEFFERSON COUNTY HOUSING FINANCE CORPORATION DURING SUCH CALENDAR YEAR; AND REPEALING PRIOR RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH. Ordinance No. 93-80 was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: Councilman Nayes: None Cokinos Councilman Smith Councilman Davis Councilman Moore Abstained: Mayor Pro Tem Goodson -309- December 7, 1993 Resolution No. 93-308 authorizing program amendments to the Community Development Block Grant program amounting to $430,000. 00 (Clearance and Demolition $173,500; Schlesinger's, $60, 000; Buckner Children's Village, $50, 000; IHDC/CHDO Capacity Building, $44, 000; Beaumont Independent School District/House, $40,000; Habitat for Humanity, $30, 000; BUILD, Inc.--Main Street, $25,000; Garth House, $5,000; and South Park Neighborhood, $2,500) was considered: Councilman Moore questioned why the $5, 000.00 requested for the Beaumont Independent School District's Teen Pregnancy Project (erect fencing and provide playground equipment for a day-care) was not included in this amendment and said that if funds are not available, he favored reducing the amount of Clearance and Demolition to $168, 500.00 and funding this project. Councilman Cokinos asked if the request by the South Park Neighborhood Association for an additional $5, 000. 00 should be added to the program amendments. Councilman Moore, as Council 's liaison to the CAC, said even though the request is valid, it was not originally presented to the CAC for consideration and to follow due process, there should be CAC participation, and he would not recommend this amendment without CAC knowledge. Resolution No. 93-308 was amended to reduce the amount for Clearance and Demolition to $168,500.00 and add the BISD/Teen Pregnancy Project in the amount of $5,000.00 and approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 93-309 authorizing purchase of five (5) copiers through the State of Texas Contract Purchasing Program: two (2) from Texas Copy Systems in the amount of $18,451.00 (Canon 6650II/AS-A1, $9, 323, Human Resources and a Canon 665011/SSA1, $9, 128, Building Services) , one (1) from Sharp Electronics in the amount of $3 , 684.24 (Sharp SF-2022, Communications Div. ) , and two (2) from Monroe Systems for Business in the amount of $6,660. 00 (Monroe RL918Z/ADF500/RL-20208/MS9017, $3,330, one each for the Fire and Health Departments) was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: Mayor Pro Tem Nayes: None Goodson Councilman Cokinos Councilman Smith Councilman Davis Abstained: Councilman Moore -310- December 7, 1993 i Mr. Henry Dannenbaum, 2880 Grand Avenue, addressed Council to commend Councilman Moore for his leadership in the South Park Neighborhood Association and the Police Department for the Neighborhood Watch program. Ms. June Briggs, the Counsellor Coordinator for the Teen-age Pregnancy and Parenting Program for the Beaumont Independent School District, addressed Council in appreciation for amending the Community Development Block Grant program to fund their project to supply the playground equipment and fencing for the new day-care center for pregnant teens that will allow them to "remain in school and have successful conclusion to their high school career. " -000- Councilman Moore reported that the National League of Cities conducted a good and informative meeting last week in Florida. He said one of the best speakers was Attorney General Janet Reno who spoke about the proposed crime bill, and said "it was good to hear her make reference to things that need to be done in the communities across America, and it's a compliment to this Council, as well as our Police Chief and our Community Policing Program, to see that we are on the cutting edge of a lot of those. " Also, Councilman Moore said that Dick Gregory had a super presentation that was very informative. Councilman Cokinos said the Symphony of Trees celebration was very good and complimented "Sunday in the Park" activities. Councilman Smith agreed that Attorney General Janet Reno was right on target, and said that the issues of crime, youth, families, health, and criminal justice are the ones that have been touted by the committee on which she has served this past year, and she hopes "that the other folks in the Beltway gets the same message that she has. She wants criminals, even the young ones, to be responsible, and she wants meaningful sentencing and. . .bootcamp programs for the less offenders. . .and has some very, very fine ideas. . . " Councilman Smith said she thought Attorney General Reno addressed issues that are the most relevant and damaging in our society and need our attention. Councilman Davis announced that on Saturday evening at the NLC meeting, Councilman Moore was elected president of the National Black Caucus of Locally Elected Officials. Councilman Moore was applauded for this honor. -000- There being no further business, the Regular Session of City Council was recessed to conduct a meeting of the Beaumont Housing Finance Corporation before reconvening in Executive Session. -311- December 7, 1993 I, 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 December 7, 1993 . Barbara Liming Deputy City Clerk -312- December 7, 1993