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HomeMy WebLinkAboutMIN JUNE 23 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 23, 1987 -- 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 23rd day of June, 1987, with the following present: HONORABLE: Maurice Meyers Mayor Andrew P. Cokinos Councilman At Large Mike Brumley Councilman, Ward I Audwin Samuel Councilman, Ward III Absent: Bob Lee, Jr. Councilman At Large Lulu L. Smith Councilman, Ward I David W. Moore Councilman, Ward III Betty Dunkerley Director of Finance for the City Manager Lane Nichols City Attorney -000- The Invocation was given by the Reverend John Davis, pastor of the Ridgewood Church of Christ. The Pledge of Allegiance was led by Councilman Cokinos. -000- MAYOR MEYERS: Thank you (to Reverend Davis). We appreciate your making mention of the passing of our City Clerk, Myrtle Corgey and I think it goes without saying that the City has suffered a tremendous loss, both as an individual and as a puhl.ic servant - somebody who truly carried out her responsibilities always with all the citizens at heart and she'll truly be missed. And, we thank you, Reverend Davis. -000- MAYOR MEYERS: - We have no proclamations today but we have continued to take opportunity to recognize what we consider to be the continuous flow of heroes that are provinding jobs, be they big or small in number for our City. I'd like to ask Bruce and Trina Franke if they would stand. Won't you come up to the microphone? We are not in the business of commercialism but we do offer a one-time opportunity for today. Bruce and Trina have initiated the first franchise in Texas of the "Little King Delis" and, because of their investment out there at Parkdale, there are eight more people working than there were before they came. And, we congratulate you for that and wish you the best of luck and offer you the opportunity to sell us anything you want today. -235- June 23, 1987 MRS. TRINA FRANKE: How long do we have? Well, we are excited about the Deli opening. It originated in Omaha, Nebraska, about eighteen years ago from a New York immigrant. . . son of a New York immigrant. And, he started making a hero sandwich as they called them there and that's what we are going to do - with a New York-style deli. We're going to be baking bread daily; we'll be making custom sandwiches to order; we'll be slicing meat right before your eyes; even offer a light salad . . . . .. We are thrilled about it. We are excited about the response we are getting. Something new - oh, we're tired of the same old thing. MAYOR MEYERS: Bruce? MR. BRUCE FRANKE: We're just excited about the opportunity here in Beaumont. Excited we are a rst one in the State of Texas to open the deli. . . . . . . MAYOR MEYERS: ll We wty ans looklorwarduto seeing manypmoreeof t�oury� ttlem dngt a invests° the e i our ' Delis esta isherd an we are pleased that eight more people have found work because of you. Thank you, vsery much. -000- Mayor Meyers called an Executive Session, pursuant to Section 2g of the Texas Open Meetings Act, to discuss appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee. -000- Public comment was called on Agenda Items A, C and D. Mayor Meyers announced that Agenda Item C.3. (a resolution authorizing the City Manager to negotiate agreements with the Boyer Company for development of a project north of the Civic Center) "has been removed from the action agenda today because of the marriage of (Councilman) Bob Lee. He rightfully is on his honeymoon. Councilwoman Smith has had a death in the family and is unable to attend and Councilman Moore is unable to attend, so we will not take action on that item. I will state, however, that anybody who is here and wanted to make any comment, please go ahead and do so if you had planned. That item will not be acted on today. " Mrs. Suzy Juncker, president of BUILD, Inc. , addressed Council concerning Agenda Item C.3. , saying that the Board of Build voted to "enthusiastically endorse the proposed office building project" at its quarterly meeting today. Mr. Ben Rogers, 2010 Thomas Road, addressed Council to speak in opposition to the proposed office building project. -000- -236- June 23, 1987 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council sessions held May 26, June 2 and 9, 1987; COUNCILMAN BRUMLEY: I have, if I could, there is an item on the Consent Agenda; it's number 6 concerning the purchase of a manlif t aerial truck. And, this is a, obviously I didn't have time to go through all of this, but the item is an item of almost $60,000, if not over $60,000 as far as the recommendation is concerned and I think it is an item that first of all should not be on the Consent Agenda. It should be on a regular agenda and that's what I would ask Council, is that it be taken off the Consent Agenda and be placed next Tuesday as a regular Agenda item and that it be advertised as such - a regular Agenda item because of it's .. . the size of the purchase. The next thing is that I've noticed as it relates to what is a less amount which would be Kinsel Ford in the bid, whether it's the lowest bid or best bid or the difference between the two. The recommendation was J K Chevrolet. What I would like is a comparison set up with the bid specs as we sent them out, how those specifications were addressed in J K Chevrolet's bid and how those specifications were addressed in Kinsel Ford's bid and an explanation as to why one did not meet specs and the other one did. That's as a part of its placement on our regular Agenda item and not a Consent Agenda item. MRS. DUNKERLEY: We'll be happy to do that, Mayor, and we'll have the user departments here to answer any questions as well. COUNCILMAN COKINOS: Mayor, I also . . . I had this 6 also, but I'd like to discuss number 5 on the Consent Agenda. MAYOR MEYERS: Okay. Item number 6 on the Consent Agenda has been deleted from action today and subject to the response to questions of Councilman Brumley. I would add one question to that and that is in the process of development of the specs. I would like to have an explanation of how specs would be designed and then offer opportunity to those who do not meet the specs to bid. I question the practice. If you have a spec, you've got it; if you don't, you don't and I have a great deal of trouble with the specs as written. And, then Councilman Cokinos has a question relative to Item 5 on the Consent Agenda which we will talk to separately, is that correct? COUNCILMAN COKINOS: Yes, sir, or else you can. . .I feel the same way that . . . this total bid is pretty close . .over $40,000 and I also would like to put this on the regular Agenda so I can get more information on it because the bid sheets are contradictory and. . .for instance, it showed the Porta-Printer System , Inc. , $39,410, whereas Neptune Water Meter Company. . their total bid was $38,868 and it explains why the Salt Lake City Radix was rejected, the bid; but it doesn't say why Neptune Water Meter Company was rejected and they were lower than both the Porta-Printa System and the Radix Corporation. So, I would like to see this particular item on the regular Agenda next Tuesday, also, Mrs. Dunkerley. -237- June 23, 1987 MRS. DUNKERLEY: Okay. COUNCILMAN BRUMLEY: I have a question on the . . . maybe I'm missing something. COUNCILMAN COKINOS: On the bid sheet, Councilman Brumley, it showed, including cost of one year maintenance, a total bid of $39,410 for the Porta-Printer and then on the Neptune . . . COUNCILMAN BRUMLEY: You don't go by the total bid price? COUNCILMAN COKINOS: That's what I was going by, the ,total bid price for Neptune Water Meter Company was $38,868. and this.,. Is .why: I maid it--s-confusing.. I don't understand why. they were— and, in fact, the Salt Lake- City company°was the highest of the bunch.. It's $43,132. COUNCILMAN BRUMLEY: I don't know. My doesn't. COUNCILMAN COKINOS: Mere it is on the bid sheet. COUNCILMAN BRUMLEY: Oh, I was just going by the . . . . . . COUNCILMAN COKINOS: No, on . . .it shows on the bid sheet, the total bid. MAYOR MEYERS: Very good. So, we have items 5 and 6 to be removed from the Consent Agenda and both to be brought back with obviously some answers and if you have further questions, I would suggest that you get them to Mrs. Dunkerley so that they can be provided in your packet this weekend and they would each come back onto a regular Agenda, is that correct? Resolution 87-123 authorizing substitution of $60,000 in securities and release of $50,000 in securities held - as collateral for, City-:deposits by Texas Commerce Bank - Bearimont and 1 substitution; :,of 4200,000 - in securities and release of - $500,000'-.In securities held as collateral for City deposits by Parkdale Bank; Resolution 87-124 appointing Sheila Stewart to the Convention and Tourism Advisory Committee, term to expire July 31 , 1988, and W. F. (Bill) Miranda to the Parks and Recreation Advisory Committee, term to expire June 30, 1990; Resoolution 87-125 awarding a contract to Fullright-Walker Builders, Inc. , in the amount of $10,195 for the demolition of a portion of a residence at 8425 Braeburn to clear the right-of-way for improvement of Major Drive by the State; and Resolution 87-126 authorizing the purchase of various couplings and clamps for the Water Distribution Division from Golden Triangle Pipe of Beaumont in an amount of $10,546.09. The Consent Agenda was approved or. a motion made by Councilman Brumley and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -238- Dunne 23, 1987 Ordinance No. 87-46 making a zoning change from RS (Residential Single Family) and RM- M (Residential Multiple Family - Medium Density) to RCR (Residential Conservation and Revitalization) for an area covered by the Grand Avenue/Texas Avenue Rezoning Study (an area just north of Peach Street extending from Pine Street to 150 feet west of Grand Avenue and extending northward to Weiss Street and Tracts 28 and 17, D-8, James Drake Survey) was considered: ORDINANCE NO. 87-46 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUN- DARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) AND RM-M. (RESIDENTIAL M TIPLE°::1±AMILY --MEDIUM,.,,3EN:SITY DISTRICT) TO RCR _(RESIDENTIAL CONSERVATION AND 'REVITALIZATION.-DISTRICT)� --FOR<AN AREA BOUNDED BY PINE STREET ON THE EAST, A LINE 150 FEET WEST OF GRAND STREET, A LINE THAT RUNS 50 TO 155 FEET NORTH OF PEACH AVENUE, WEISS STREET ON THE NORTH AND TRACTS 28 AND 17, D-8, J. DRAKE SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 87-47 changing the zoning from GC-MD (General Commercial-Multiple Dwelling) and RM-H (Residential Multiple Dwelling - Highest Density) to NC (Neighborhood Commercial) for a 0.38 of an acre tract at 550 Dowlen and described as part of Lot 1, Block 2, Dowlen Manor Addition, Unit 1 and parts of Lots 5 and 6, Block T. H. Langham Subdivision, to permit expansion of - a.-drive-in grociy store w (remodel the 20-pear old. structure -and expand the parking lot on an adjacent tract south_ -of the existing_ :site, parking and gas pumps to, be added -in the expansion area requested by Charles B. Childress and David Fertitta) was considered, ORDINANCE NO. 87-47 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM GC-ND (GENERAL COMMERCIAL-MULTIPLE DWELLING DISTRICT) AND RM-H (RESIDENTIAL MULTIPLE DWELLING-HIGHEST DENSITY DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY LOCATED AT 550 DOWLEN ROAD; BEAUMONT, JEFFERSON COUNTY, TEXAS; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -239- June 23, 1987 The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Cokinos. Question: Ayes: Mayor Meyers Napes: Councilman Samuel Councilman Cokinos Councilman Brumley -000- Ordinance No. 87-48 establishing speed limits at 35 miles per hour for a new sectionof Gladys between Dowlen Road and Major Drive was considered: ORDINANCE NO. 87-48 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM AND MINIMUM SPEEDS IN CERTAIN ZONES; PROVIDING FOR SEVEABILITY; PROVID- ING FOR REPEAL AND PROVIDING A PENALTY. Section 26-23 b: From a point 155 feet west of the center line of Howell to a point feet east of the center line of Major Drive - direction of travel: East and West - maximum speed: 35 miles per hour. The ordinance was approved on a motion made by Councilman Cokinos and seconded by Councilman Brumley. Question: Ayes: All Napes: None -000- a public hearing was called to consider the below-listed structures found to be in vioaltion of the City of Beaumont's Dangerous Structures Ordinance, Article III, Section 14-50: 956 MILLER - Chester Myers, owner (16 violations), recommendation to raze within 30 days; 1179 NORTH (10 violations) and 1193 NORTH (16 violations), Oscar A. Sims, owner, recommendation for both structures to razed or repair within 30 days; 1701 ASHLEY - Agnes Thomas, owner (19 violations), recommendation to raze or repair within 30 days; 2113 RENAUD (15 violations) and 2121-23-25-27 RENAUD (13 violations), Richard Mosby, owner, recommendation for both structures to raze or repair within 30 days; 990 PARRY (12 violations), recommendation to raze or repair within 30 days and 990 PARRY, GARAGE, (5 violations), recommendation to raze within 30 days, Angella Randell, owner; 1715 IVES - Freddie Alexander, Jr. , owner (12 violations), recommendation to raze or repair wihhin 30 days; 1377 LIBERTY (15 violations) and 1377 LIBERTY, REAR (10 violations), Oscar A. Sims, owner, recommendation to raze or repair both within 30 days and 2456 PARK - Marion Aquilina, Jr. , owner (9 violations), recommendation to raze within 30 days. -240- June 30 1987 The structures listed below have been condemned by City Council and the owners ordered to either repair or raze the structures within specified time frames. Reinspection of these structures have revealed non-compliance with the Council's order: 1408 CENTER, 175-77 E. GILL, 2888 CONCORD, 2202 ORANGE, 2210 ORANGE, 2210-1/2 ORANGE, 2055 CARTWRIGHT AND 2055 CARTWRIGH T (GARAGE). No one wished to address the public hearing concerning the above-listed structures. The public hearing was closed. ORDINANCE NO. 87-49 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Cokinos and seconded by Councilman Brumley. Question: Ayes: All Napes: None -000- COUNCILMAN BRU MLEY: I would like the Manager or the appropriate department, and I am not sure which one it is . . . in various places throughout the City, there are placed electronic rain guages and there are eleven of them scattered throughout the City. And, I'm not sure whether any of them work, all of them work; but, to my knowledge, they are not working. And, I would like for their locations . . for us to find their locations. If they are not functioning, for them to be repaired and for them to be in active use constantly. It's my understanding that they are not in operating condition at this time. I do have the locations but I want to be sure that it's done and that it's followed-up and taken care of. Councilman Brumley reminded all of the Sunday in the Park activities, to be hosted by Sherry Commander of Fashion Showcase Productions and Associates Civic Club. Councilman Cokinos invited all to attend the regular City Council session - Town Meeting, to be jointly hosted by Councilmen At Large Lee and Cokinos, to be held Tuesday, June 30th, 7:00 p.m. , in the St. Anne's Catholic Church Cafeteria. Councilman Samuel questioned the status of the demolition of the old Rice Mill located on M. L. icing Jr. Parkway. Mayor Meyers reported that "the City Manager did have surgery yesterday to try and relieve that severe discomfort and inability to breath because of the blockage . . . he's most uncomfortable but I think they determined they were successful in what they attempted to do but, not having had it, I understand it's really uncomfortable. " -241- June 23, 1987 MAYOR MEYERS: Second is something that I would like to ask be passed on to Tom (Warner) and probably hold until the City Manager returns so that he can become involved. And, it relates to the question of drainage. The programs initiated by the Corps of Engineers and the Drainage District and the City, and, then, even the Drainage Bond Issue passed in 1983 - all directed at improving a severe drainage problems that been historic in the City. The Taylor's Bayou Project sat in Washington pitifully from 1950 to 1980. The Federal Government has a good timetable for programs like that. The average one gets going in twenty-six years. Also, I think I determined that they spend more money paying out flood claims than they do in projects. It's a unique system they've got working there. At any rate, much has been done - much has been spent, and I will encourage Council's support for the hiring of a drainage expert who can examine the progress of the projects versus the projects of construction and be able to advise us that, based on the projects and what's been done with Taylor's Bayou and the Amelia Cut-off - most of those since 1980. Significant, all directed to improve drainage. I guess the major questions that I'd like to see coming back answered by an expert is based on the projects to date . . . the projects are underway to deal with our problem. I want to understand factually if the projects, as they've been worked on, versus the construction and the things that might change the pattern and flow of water, I'd like to hear an answer like where we are, what occurred is to be expected at this point and perhaps in a year or two with the continued construction, you'll be further ahead and that couldn't happen again or where we are, that shouldn't have happened. But, basically, I'm saying I want to see us initiate a contract with a drainage expert - and I mean truly an expert - and I'd like them to start to put this into some proper request form, have the Manager have it for consideration and then I would seek Council's support, but I think the answers that we are looking for should come from an expert, not from within or from the Drainage District. -000- Mrs. Suzy Juncker, president of BUILD, Inc. , addressed Council to give the "update and quarterly report of downtown activities. The first one is the Forsythe Area Improvement and Redevelopment Committee, otherwise known as the FAIR Committee, which is a committee of property owners in the Forsythe area which has held a very successful June teenth celebration . . . They are initiating an on-going effort to begin to improve the image of the area . . . There is an on-going downtown landscape project that I mentioned the last time I reported to you that the AARP and Retired Teachers Association are regularly maintaining the area of the Tevis Monument and the Delia Harrington Welcome to Beaumont Park and Clark Nursery deserves special recognition for donating materials and supplies to. these people . . . The Pompeii Italian Restaurant is open in the Kyle Building. . . The Texas A & M University School of Landscape Architecture has assigned a team of graduates to study downtown Beaumont for potential landscaping projects. They, of course, are learning architecture and landscape architecture in the process, but we will benefit by getting the study done and the recommendations that we can follow or not . . . . . . this will be in the fall semester . .BUILD will sponsor Sunday in the Park on October 18th and also during Christmas, on Friday, December 11th, the third Holiday Fantasy, sponsored by the BUILD Merchants Committee will again include a Christmas Carol Parade, a lighted boat parade by the Beaumont Boat Club and expanded activities in Riverfront Park. So, in planning ahead, put December 11 on your calendar. -242- June 23, 1987 MRS. JUNCKER continued: The Design and Development Committee of BUILD will be researching buildings with rehabilitation potential and packaging these buildings for marketing through BUILD's revolving loan fund. I will remind you that's a low interest loan fund for building rehabilitation . . . We have another graduate student of Lamar, a graduate student in political science, named John Risch. He was conducting research on street vendors and he is studying a number of other cities' ordinances regarding push cart vendors in terms of application to Beaumont and he is finding . . . . .. other cities are doing. They have found it very positive, very successful. It's helped their downtowns and attracts people into the area and . . . . . . We know that bricks and mortar projects are very important . . . but once you have that, you have to bring people and that element makes a downtown succeed. Programs and people are critical to development. . .Southwestern Bell is adding 65 new employees to the downtowns. rea. They were sorry that these are not new employees as well but we are glad that they are new to the downtown area because they will help any of the efforts that we undertake with a broader employee base. . .The International Downtown Association is sponsoring a Downtown Action Workshop called "Focus on Retail" in Denver on July 22 and 23 and I would urge any in this room who can attend to do so. -000- Mr. Henry Dannenbaum, 1567 Wall, addressed Council to remind all of the performance of "Dino", sponsored by First Baptist Church, to be held Sunday, July 5th, 6:30 p.m. , at Julie Rogers Theatre for the Performing Arts. -000- JherT being no further business, the City Council went immediately into Workshop ess on. I, Rosemarie Chiappetta, Secretary in theOCity Clerk's Office, certify that the above is a true copy of the Minutes of the regular City Council session held June 23, 1987. Rosemarie Chiappetta Secretary -243- June 23, 1987