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HomeMy WebLinkAboutMIN JAN 17 1984 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 17 , 1984 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 17th day of January, 1984 , with the fol- lowing present : HONORABLE: William E. Neild Mayor Bill Cox Councilman , Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman, Ward III David W. Moore Councilman, Ward IV Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Myrtle Corgey City Clerk Kenneth Wall City Attorney -000- The Invocation was given by the Reverend William Fehl , Redeemer Lutheran Church. The Pledge of Allegiance was led by Mayor Neild. -000- Two proclamations were issued: "Catholic Schools Week in Beaumont" - January 29-February 4, 1984 and ''Joyce M. Ward Day in Beaumont" - Janu- ary 25, 1984. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held January 10, 1984 ; Resolution 84-21 repealing R-83-471 passed December 20, 1983, authorizing execution of an agreement with the State Department of Highways and Public Transportation to subsidize the cost of overtime paid to Police officers working in the department ' s Accident Control Team (A.C.T. ) and substituting this resolution authorizing the agreement as stated and adding "'Be it fur- ther resolved that if the program is both. effective and financially feasi- ble, the City of Beaumont declares its intention to fund its increased en- forcement" ; Resolution 84-22 accepting the completed demolition of condemned dilapi- dated structures at 2550 Brooklyn (Garage) , 2060 Liveoak, 1929 Irving, Next to and Rear of 1599 Pine, and 1290 S. Major Drive and authorizing final payment to Trax Enterprises in the amount of $2, 573 .00 and Elk Con- struction Company in the amount of $700. 00; Resolution 84-23 setting February 21 , 1984 , as the date for a public hear- ing for a preliminary application with Urban Mass Transportation Adminis- tration for fiscal year 1984 Transit Operating Assistance Funds; Resolution 84-24 setting February 21 , 1984 , as the date for a public hear- ing for a preliminary application with Urban Mass Transportation Adminis- tration for the Beaumont Municipal Transit Passenger' s Amenities Project ; Resolution 84-25 authorizing payment of $2 , 339. 50 to Municipal Code Corpora- tion for supplement #27 to the Code of Ordinances; Resolution 84-26 accepting as complete portions of Elmwood Lane, Edgewood Lane, Oakley Lane and Bellchase Drive and water , sanitary sewer, and storm sewer for Lots 1-15, Block 1 and Lots 7-31 , Block 2, in the Bellchase Sub- division; Resolution 84-27 authorizing execution of an agreement with Shilstone En- gineering Testing Laboratory Division for soil testing at the Tyrrell Park Recreation Center at a cost to the City of $1 ,200. 00; and -9- January 17, 1984 Resolution 84-28 authorizing an annual subscription to Magazine Index for the Beaumont Public Library and the Miller Library from Information Access Company at $3, 838. 25. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question: Ayes: All Nayes: None -000- Public Hearing to hear citizen comments on the proposed Entex Rate Increase was held. KENNETH WALL, CITY ATTORNEY: In December, Entex, Inc. , filed an application with the City of Beaumont for an increase in natural gas- rates for service within the City. The in- crease requested would increase Entex' s annual revenues by approximately $228, 000. 00 within the City. That ' s an increase of about 1%. The resi- dential bills under the proposed increase would increase 500 per month and the small commercial bills would increase $1 . 00 per month. The staff is reviewing the application and should have a recommendation to the Coun- cil within about two weeks. The public hearing today, is designed to give the public or to give Entex an opportunity to explain to the Council its request and to give the public an opportunity to comment on it . I think there are representatives from Entex here who should probably speak first . The public hearing was opened: Mr. Virgil Doggette, Vice-President and Division Manager of Entex, addressed Council to speak in favor of the proposed rate increase. Mrs. Delia Harrington , 815 Willow Street , addressed Council to speak in op- position to the proposed rate increase. There being no one else to address the hearing, it was closed. -000- Resolution 84-29 accepting the recommendation of the Human Relations Com- mittee to place the renaming of Washington Boulevard in honor of Dr. Martin Luther King on the April 7th ballot and directing the City Manager to have the issue included in the ordinance calling the election was considered: COUNCILMAN LORD : I have some comment to make and I would like to make very sure . . . we had some conversation upstairs that this is a resolution to instruct the City Manager to just prepare this; but reading the way the resolution is worded, I think that it ' s beyond that. I think the wording of the resolution that we have before us is that the recommendation of the Human Relations Commit- tee is accepted and the Manager is directed to have the issue included in the ordinance calling the election and I really feel that is a little bit more than just saying to the Manager go ahead and have this prepared and then we ' ll come back and deal with it again. So, I guess I would really like to go ahead and say what I need to say or feel that I need to say rela- tive to this resolution. If it were simply just saying to you go ahead and have it and put it aside and we will vote on it later, I think I would not say all that I want to say now, but I feel this is the appropriate time, so I will . And, I have written it down because I 've done a lot of thinking about this. "It is rarely that we have an issue before us whose potential can be as devisive as the one we now face. Although a vote to put the question in referendum form before the people of Beaumont rather than dir- ectly voting at Council level for or against the name change does save those opposed from the task of gathering the required signatures to force the referendum, I feel that it does nothing to prevent the negative results that such a contested election will bring to the City that we all wish to protect , preserve, and to see at peace. To defer a vote for two weeks - a vote that does not even have to take place before the Council meeting of March the 6th - in order to give those persons of good will in both our Black and White communities the opportunity to firm up plans for an alterna- _l fl_ Jnminry 17 _ 1 PR4 COUNCILMAN LORD continued: tive solution can only be a move to preserve harmonious relations. To allow this time in advance is to signal faith in the motivation and desire of those working for that harmony and is positive in nature. To pass the referendum item today and to tell those working for an alternative solu- tion that we will take it off of the ballot if they prove their case is to signal doubt and I feel is a negative approach. I would certainly pre- fer to see Council in a positive stance rather than one that can be intre- preted as threatening or negative so I do urge my fellow-Councilmembers to grant a deferral of two weeks on this agenda item" and that is what I ask you to do. MAYOR NEILD: Thank you, Mrs. Lord. I think that it ' s sort of a play on words from the standpoint of the wording on the resolution because the Council will be addressing the election date to be set April 7th and what it says here is that "directed that this issue be included in the ordinance that would call that election" and we have not done that yet . So, what basically we are working on here today is that - and I wish to go ahead and move forward from the standpoint of a motion - and that is that that directs the City Manager to include in the preparation of the ordinance calling for the election that the naming of Washington Boulevard to Martin Luther King be included in that ordinance. That ordinance will then come to this Coun- cil for adoption at the date that that election is set . And, I would say that from that standpoint , if there is . . . and one of the things I wish to address here is that when this matter came to the City some 22 years ago , it was done in such a way that it was meaningful and it struck to the point and it was to move things forward. The approach this time has been one of very open discussion, one where many of us have had opportunity to share ideas. The community itself is talking to itself to help try to find and resolve what would be an appropriate memorial . I think it ' s very heal- thy. I don' t believe we could have done this 221 years ago and that 's what makes me so proud of this community and that 's why I think that this is such a positive move. And, the other thing is that it doesn't mean that other alternatives cannot be sought out and i think it would behold the community to come together and if there is one, then let ' s talk about it . But, I don' t think today is any day to back away from what that committee has done and what we feel needs to be done and that is to move forward. The ordinance does not change the name at this time. It will go on the ballot as "Washington Boulevard - yes or no'�' and the other alternative is that there is . . . if there are ideas such as was mentioned in the paper today - I 'we only heard about that in the last day or two - if that is a possible solution and there is a good consensus to that , I 'm certainly open- minded and I think this Council would be too along with that committee. So I don ' t . . . I view this as very positive and I think this community is about to put to side one of the things that needs to be addressed so that we can grow for the future. And, I would make a motion directing the City Manager to add this item on the ordinance that would be on the election in April once the ordinance is brought forth, setting of that date. COUNCILMAN DESHOTEL: Second. Question : Ayes: Mayor Neild Nayes : Councilman Lord Councilman Cox Councilman Deshotel Councilman Moore -000- Ordinance No. 84-09 amending Section 30-37-E.2.b. of the Zoning Ordinance was considered: ORDINANCE NO. 84-09 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION PROVIDING AN EXCEPTION FROM THE MINI- _11- January 17 , 1984 Ordinance No. 84-09 continued: MUM SIDE AND SETBACK REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes: None -000- Ordinance No. 84-10 amending Section 30-28.D. 2. of the Zoning Ordinance was considered: ORDINANCE NO. 84-10 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-28(D) (2) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING THE HEIGHT OF SIGNS; PRO"VIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and secon- ded by Councilman Lord. Question : Ayes : All Nayes : None -000 Ordinance No. 84-11 amending Section 30-25.C. 17. of the Zoning Ordinance was considered: ORDINANCE NO. 84-11 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-25(C) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and secon-. ded by Councilman Moore. Question : Ayes: All Nayes: None -000- Ordinance No. 84-12 amending the Standard Industrial Code (_SIC) , Group 5813, relating to "drinking places" was considered : ORDINANCE NO. 84-12 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 SECTION 30-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO CHANGE THE ZONING FOR "DRINK- ING PLACES'; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question : Ayes : All Nayes : None -000- Ordinance No. 84-13 amending the Standard Industrial Code (SIC) , Group 7394 , relating to "equipment rental and leasing services" was considered : -12- January 17, 1984 ORDINANCE NO. 84-13 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH ZONING FOR "EQUIPMENT RENTAL AND LEASING SERVICES" ; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000- Ordinance No. 84-14 authorizing intervention in Public Utility Commission Docket No. 5560: application of Gulf States Utilities Company for an in- crease in rates : authorizing retention and payment of Touche Ross and Com- pany as rate consultants at a cost not to exceed $200, 000. 00; suspending the effective date of the increase for 90 days; and assessing expenses against Gulf States Utilities Company was considered: ORDINANCE NO. 84-14 ENTITLED AN ORDINANCE SUSPENDING THE OPERATION OF THE PROPOSED RATE SCHEDULE OF GULF STATES UTILITIES COMPANY; AUTHORIZING INTERVENTION IN DOCKET NUMBER 5560 PENDING IN THE PUBLIC UTILITY COMMISSION OF TEXAS; AUTHORIZING THE RETENTION OF CONSULTANTS; REQUIRING THE CITY CLERK TO SERVE GULF STATES UTILITIES COMPANY WITH A CERTIFIED COPY OF THIS ORDINANCE; AND PROVIDING FOR SEVERA BILITY. KENNETH WALL, CITY ATTORNEY: This relates to the application for a rate increase filed by Gulf States on January the 6th of this year. The application was filed with the Pub- lic Utility Commission of Texas and with all cities within Texas in which Gulf States provides service. The request is basically for an increase of about $161 , 000, 000. 00 a year in revenues from the Texas customers. That ' s an increase in Texas revenues of approximately 28 percent . In addi- tion, in the second year, the Company' s requesting an increase of $265, 000, 000. 00. This primarily serves to provide for increased gas costs and increased purchase power requirements resulting from the expiration of the gas supply contract between Gulf States and Exxon. That would pro- vide for an additional increase in Texas revenues of approximately 38 per- cent per year. So, the total increase over two years would be in excess of 60 percent of current revenues. The ordinance before you does several things. First , it suspends the effective date of the rates in Beaumont for 90 days to give an opportunity to review- the proposal . Secondly, it authorizes and directs the Attorney to intervene in the case pending in the Public Utility Commission. Third, it authorizes employment of witnesses to provide testimony in that case and it assesses all the costs incurred against Gulf States. This will be the most significant - I think —Gulf States rate increase request that we've ever had in Beaumont or that has ever been filed with the Public Utility Commission. Not only is the proposed increase in rates substantial but also there are a number of regulatory issues that will be addressed for the first time in this case - one of which is the fuel factor. In the past , electric utilities have been permitted to flow through increased costs of fuel automatically and that rule has been changed by the Public Utility Commission. And, the second part of the increase relates that ' s requested by Gulf States relates to that . The other major issue that will be present in the case is the treatment of the nuclear plant that is being constructed in Louisiana - Riverbend - which is expected to be com- pleted sometime in 1986 and we would request that Council would adopt the ordinance as proposed. The ordinance was approved on a motion made by Councilman Deshotel and se- conded by Councilman Lord. Question: Ayes : Councilman Cox Abstained: Mayor Neild Councilman Lord Councilman Deshotel Councilman Moore -13- January 17 , 1984 i Resolution 84-30 authorizing execution of an agreement with Beaumont Willow Creek Development Company for participation in the cost of con- structing a portion of Willow Bend Drive, from Walden Road south a dis- tance of 3, 300 feet , as a residential collector street at a cost to the City of $145, 794 . 00 including engineering services (estimated cost of the entire project - $349, 350. 00) was approved on a motion made by Councilman Moore and seconded by Councilman Cox. Question : Ayes: All Nayes: None -000- Resolution 84-31 authorizing acceptance of a 75% grant in the amount of $12, 027, 242. 00 with the Texas Department of Water Resources for the EPA Sanitary Sewer Construction Grant , Step III , Phase III, and with Kohler and Kohler, Consulting Engineers, for necessary engineering services was approved on a motion made by Councilman Deshotel and seconded by Council- man Moore. Question : Ayes: All Nayes : None -000- Resolution 84-32 accepting as complete the work performed under the con- tract with D & H Construction Company on the Magnolia Park covered play area and authorizing final payment of $2,126.48 to the contractor (final payment $2, 276.48 less liquidated damages of $1 , 150.00 - contract 46 days over the contract completion date with time extensions) was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : - All Nayes: None -000- A resolution authorizing purchase of a boring machine for the Sewer Main- tenance Division was deferred by the City Manager. 000 Resolution 84-33 authorizing purchasing of a computerized legal research system from Mead Data Central (Lexis) was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes: All Nayes: None -000- Ordinance No. 84-15 providing a discount of health fees for youth and elderly-oriented organizations was considered: ORDINANCE NO. 84-15 AN ORDINANCE AMENDING CHAPTER 11 TO PROVIDE A FEE DISCOUNT FOR YOUTH AND ELDERLY ORIENTED ACTIVITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question: Ayes: All Nayes: None -000- Resolution 84-34 employing the White Budd Van Ness Partnership for archi- tectural services in connection with the expansion of Municipal Court & Police Building in an amount not to exceed $11 ,400.00 was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes: None -000- -14- January 17, 1984 Councilman Lord suggested that Council consider establishing a Social Policy Advisory Committee for coordination of various social service agencies in areas where cooperation would result in elimination of duplication, etc. , of time and money. Councilman Deshotel questioned the criteria that the City uses in choos- ing creosote poles or metal galvanized poles for the installation of street lights. City Manager to report . City Manager Nollenberger told Council that the new Landfill on Lafin Road would not be opened January 23rd as originally hoped because of the bad weather the City is experiencing. He said they would be noti- fied of the new date for the grand opening when it is set . -000- Mr. Dan Soto, 240 Enfield, addressed Council to suggest that Major Drive be renamed in honor of Dr . Martin Luther King instead of Washington Blvd. and said that Major Drive is Farm to Market Road 364, is longer than Wash- ington Boulevard, and has fewer intersections and less businesses and homes so the expense involved in the change would be less. Mr. David Snyder, 5822 Meadow Way, and Mr. Fred $achitano, 1835 Washington Boulevard, addressed Council in oppos-ition to the name change of Washing- ton Boulevard. Mr. Johnny Ware, 4355 Pine, addressed Council to reconsider its decision to place the renaming of Washington Boulevard on the ballot of the April 7th election and to decide the issue itself . Mr. Robert Leggington, 4290 Cartwright , and Mr. Jesse Jones, 1451 College, addressed Council in support of the renaming of Washington Boulevard. -000- There being no further business, the meeting was adjourned. 000 I , Myrtle Corgey, City Clerk of the City of B:eaur�ont , Texas, certify that the above is a true copy of the 'Minutes of the regular City Council ses- sion held January 17, 1984 . Myrtle Corgey, City Clerk -15- January 17 , 1984