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HomeMy WebLinkAboutMIN AUG 02 1988 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 2, 1988 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session the 2nd day of August, 1988, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman-At-Large Andrew P. Cokinos Councilman-At-Large Lulu L. Smith Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Mayor Pro-Tem Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Henry Williams, Pilgrim Rest Baptist Church. The Pledge of Allegiance was led by Councilman Samuel. -000- Mayor Meyers announced an Executive Session following the Workshop Session in accordance with Section 2(e) of the Open Meetings Act of the State of Texas to discuss pending or contemplative litigation. -000- Councilman Moore recognized Miss Janita Roberts, daughter of Mr. and Mrs. Wilmer Roberts, 1155 Condon Street, who recently competed in the Elks Beauty and Talent Pageant and won the title of "Miss Elk of Texas. " Miss Roberts is a Senior at Westbrook High School where she participates in track and field, Rhapsody Choir, and the French Club. She is also president of the Young Adult Choir and Chaplain of the Rebecca Circle of Starlight Baptist Church. Miss Roberts will compete in the "Miss Elk of the World" pageant in Miami Beach, Florida on August 6th through the 9th. Mayor Meyers and City Councilmembers congratulated Miss Roberts and extended best wishes for success in the upcoming competition. -000- One proclamation was issued: "Export Now Week," August 1-7, 1988. -000- -201- August 2, 1988 Citizen comment was invited on Agenda items A through E. Mrs. Delia Harrington, 815 Willow Street, addressed Council regarding Agenda item D-3 and suggested once-a-week garbage collection rather than increase the fees and complimented City personnel for the "Citizen Friendly" attitude. Mr. C. L. Sherman, 585 Belvedere Drive, addressed Council regarding Agenda item D-3 and asked that consideration be given to eliminating the proposed holiday pickup and not raising the fee and expressed concerns about particular changes to the Code of Ordinances affecting Sections 28-20. 9, 28- 21. 3 , and 28.24. 1. Mr. Jess Baker, 2950 West Lucas, addressed Council in opposition to a $. 25 increase for holiday garbage collection, questioned the actual additional cost for holiday pickup and all residents assessed the new fee at the same time. Mr. George Miller, 5677 Camelia, addressed Council in opposition to possibility of citizens asked to place garbage containers on opposite side of street of residence for pickup. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held July 26, 1988, and Resolution No. 88-161 appointing Dr. Leon Hicks to the Health Advisory Commission for a term expiring July 31, 1990, Bradna Vardiman to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for a term expiring June 30, 1990, Mary Lynn Bessell to the Housing Rehab Loan Board for a term expiring May 31, 1990, Jim Montgomery to the Planning Commission for a term expiring July 31, 1990, and Dr. Ed Senigaur to the Convention and Tourism Advisory Commission for a term expiring July 31, 1990. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 88-162 accepting the work performed by Southeast Cable Construction Company for a 24-inch bore and steel casing for an 18-inch Gulf Terrace sanitary sewer main crossing under Highway 90 and the railroad tracks south of the addition, authorizing Change Order No. 1 increasing the contract amount $4, 659. 00 and providing for the relocation of the bore pit necessitated by a conflict with utilities at the original location, and authorizing final payment in the amount of $33,159. 00 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -202- August 2, 1988 Resolution No. 88-163 authorizing contracts for mowing privately owned property on orders from the Health Department when necessary to abate weed law violations: a contract with Perricone Specialties Lawn Care for mowing developed property (any land with above-ground improvements) for $0. 0035 per square foot for mowing and $0.0015 per square foot for removal and disposal of grass clippings when ordered by the Health Department in addition to mowing and a contract with Edward E. Clark Construction for mowing vegetation on vacant land at $0 . 0027 per square foot for lots with an area less than one acre, $0. 0021 per square foot for larger tracts, and $0. 0019 per square foot for removal and disposal of clippings was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 88-70 approving changes in the sanitation section of the Code of Ordinances in line with implementation of the new automated garbage collection system to include the new monthly rate of $11.14 for residential collections inside the city limits, including clean community and landfill closure fees, the "senior citizen income discount rate" of $10. 14, a provision for suspension of garbage service charges for residences which are vacant, but remain connected to water meters, and increase the charge for collections outside the city limits from 125% to 1500 of the rate for in-city collections was considered: After a lengthy discussion, Councilman Samuel made a motion, seconded by Councilman Cokinos, that action on sanitation items in line with the implementation of the new automated garbage collection system in Sections 28-24.1( 1.d) pertaining to vacant residences requiring water service only, 28. 24. 1( 2) regarding outside City limit collection rate, and Section 28- 24. 1( 2) (a & c) pertaining to monthly garbage and trash rates per household and "senior citizen income discount rate" be separated from the ordinance and be voted upon individually. Question: Ayes: All Nayes: None SECTION 28-24. 1 Collection and removal charges-Residential service. ( 1) The Sanitation Division shall systematically collect and remove garbage and trash from premises used for residential purposes. All residences in the City are subject to, and the owners or occupants are required to pay a garbage service fee except: (d) Owners of vacant residences who require water service only, will not be required to pay a garbage service fee when the assigned automated container is delivered to the Sanitation Division office. Section 28. 24. 1( 1.d) was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: None -203- August 2, 1988 SECTION 28-24.1( 2) Collection and removal charges-Residential service. Garbage and trash rates. . .The rate for collection outside the City limits shall be one hundred fifty ( 150) per cent of the rate established for service inside the City limits was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None SECTION 28-24.1 Collection and removal charges-Residential service. ( 2) (a & c) Garbage and trash rates. On a motion made by Councilman Moore, seconded by Councilman Smith, sanitation service to remain as is with no holiday collection, no increase of $ . 25 for holiday pickup, and new rates of $10. 89 for individual residential households with a $1. 00 "Senior Citizen Income Discount" effective October 1, 1988 was approved. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore Section 28. 21. 3 ( 3 ) was amended to read "Some residents serviced by automated collection equipment may ( instead of shall) be required to place the automated containers on the opposite side of the street from their residence. " on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None ORDINANCE NO. 88-70 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ENACTING NEW REGULATIONS CONCERNING SOLID WASTE DISPOSAL AND FEES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 88-70 was approved as amended on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore -000- -204- August 2, 1988 Ordinance No. 88-71 amending Section 21 of the Code of Ordinances to allow employees who are terminated involuntarily to receive payment for any unused personal leave and/or any unused short-term disability leave unless convicted of "malfeasance, theft or a felony" was considered: ORDINANCE NO. 88-71 ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-6(G) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING PERSONNEL POLICIES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 88-71 was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Councilman Brumley inquired regarding responsibility of contractor to clean up mud that runs off embankment following a rain and asked that Staff notify the State Department of Public Highways that the construction at Eleventh Street and the underpass access road has caused an accumulation of dirt and mud that needs to be cleared. Councilman Brumley also suggested usage of the water bill or computer addresses to target special messages to segments of city residents. Councilman Lee announced that "Sunday in the Park" will be hosted by the Girl Scouts on August 7th and questioned the naming of the Clean Community fee that is included on water bills and suggested renaming of that fee to clarify the actual use since the Clean Community Commission does not receive this money for their operation. Councilman Cokinos questioned a study made on the Building Maintenance Division. Councilman Moore requested that the Street Division investigate Virginia and Mercantile. The street narrows east of Mercantile in front of Odom Middle School, and a series of accidents have occurred there in the past three weeks. Councilman Moore also addressed water bills received late by consumers, almost near the due date and requested that Public Works review and report to him the variation of natural gas prices at peak periods compared to the present for consideration of the franchise with Entex. Councilman Samuel requested from Mr. Haines a copy of any guideline criteria for performance reviews that are used and the street condition rating for Jeanette Street and any plans for repair and date of commencement. Mayor Meyers reported a citizen call regarding a tremendous bump about twenty feet from the track past Helbig on East Lucas causing damage to automobiles, related a note received from a youngster who went to Tyrrell Park and loved the stables, but his mother will not return because of the -205- August 2, 1988 condition of the restrooms, inquired about the status of Best Years Center relative to rates and security, shared the problem of Mrs. Leona Thatcher receiving an incorrect tax appraisal in error by $25,000, the unwillingness of the Appraisal Board to correct the error because of a technicality of law and announced he is going to direct a letter of complaint to the Appraisal Board and suggested Council draft a resolution stating a position against this kind of improper action. -000- Mr. Buddy Lonon, 4325 Park Street, addressed Council to complain of a junk yard in operation near his home, automobiles with expired license plates parked on the street, clogged drainage ditches, garbage collection containers, taxes, and illegal water hookup in his neighborhood. Mr. George Miller, 5677 Camelia Street, addressed Council to complain of the Police Department not investigating an automobile accident involving his son on Dowlen Road, odors emitting from an open drainage ditch, the sales tax, convention attendance, automobile motors running while water meters are read, traffic tickets issued only for speed, and the tax rate. Mr. Roberto Flores, 2425 Buchanan, addressed Council questioning action and Council vote of the $ . 25 garbage collection increase. Mrs. Delia Harrington, 815 Willow Street, addressed Council to report a neighbor at 870 Grand Street retrieving disposed items at the Landfill, stripping the copper to sell, then placing the items for pickup the second time by City personnel and creating an unsightly atmosphere in the neighborhood. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council regarding the size of garbage containers and number of Police vehicles available for investigations. Mr. Jess Baker, 2950 West Lucas, addressed Council regarding liability of garbage containers for rent houses and the condition of the Josey-Miller building. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the regular City Council session held August 2, 1988. Rosemarie Chiappetta City Clerk -206- August 2, 1988