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HomeMy WebLinkAboutMIN SEP 27 1988 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 27, 1988 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 27th day of September, 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 David W. Moore Councilman, Ward IV Absent: Audwin Samuel Mayor Pro-Tem Councilman, Ward III Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Harlan Merriman, Saint Andrew' s Presbyterian Church. The Pledge of Allegiance was led by Councilman Moore -000- Mayor Meyers announced that Councilman Samuel is out of the city participating in a Minority Business Enterprise Panel and he requested that his feelings be expressed in opposition of a property tax increase from the proposed $ . 54 rate. -000- Three Proclamations were issued: "City of Beaumont Employee Health Day," September 29, 1988; "Public Health Week, " September 25, 1988 to October 1, 1988; "Early Childhood Intervention Recognition Week, " September 25, 1988 to October 1, 1988 . -000- MAYOR MEYERS• You have copies of our Agenda before you, but I 'm gonna take exception for a moment to share two phones calls I received, the first of which was yesterday afternoon, and the second of which was about an hour and a half ago. Both were from our Congressman Jacks Brooks, and I am particularly delighted to report that the realization of a major recreational project -251- September 27, 1988 has truly become one step closer to fulfillment for the City of Beaumont. And Jack Brooks called personally to notify me that Tuesday morning, today, a $2.4 million dollar grant has been made available to the City of Beaumont to make this project a reality. This, as you know, is a project that would create significant number of construction jobs in its creation, and 250 to 300 permanent jobs, primarily to assist our young people, that being upper high school and college age level students. It directly addresses that need for diversification and recreation that we feel is so important to our city. It' s a project of some $10 million, and I commend Congressman Brooks for his efforts. I commend the City Manager. We have spoken today to John Bartolomei, the developer, who will probably be in our city next week or the following, and he expressed extreme anxiety to move forward with the program. And, I 'd like to ask our City Manager for any additional comments at this time, except to just say that we do owe, without question I think, an extra special debt of gratitude for Congressman Brooks for pursuing this, and for all who have worked so hard to make this project a reality. And, I think that it' s a signal that things are starting to shine a little better for us. Al, . MR. HAINES• Thank you, Mayor. That is truly good news, and as Council will recall, we have been on this project two years, two years in October, discussed it, made a tentative announcement, conceptual announcement on it at Summit I . We felt that this project meant more than just simply a recreational project, but actually would bark a catalyst cornerstone effort for expanding and diversifying the city' s economy as a regional attraction for tourism and visitor activity. The efforts in recognizing also opportunities for employment, particularly among those of our youth, where employment is a difficult thing here. We felt this project was a good one from the beginning, and of course and unfortunately, over the past two years the effort has been made to try to bring the various financing dimensions together. And with Congressman Brooks ' announcement, and I can attest to the Mayor' s statement, his efforts, very strenuous efforts, to secure this grant, we will now be able to initiate a loan document to the developer, Mr. Bartolemei. When we talked by phone last night and again this morning, I can only echo again what the Mayor said that he is really ready to go to work, and we' re optimistic that this project will be underway and hopefully, open at least for part if not the entire summer of 1989 season. So, it' s a great project, and we' re just really, really, happy about it, and I want to thank the Council and the Mayor for being advocates of this project, for recognizing the importance of this project to our community, and I just feel real good about it. It' s great. MAYOR MEYERS• Thank you. We'd welcome any comments that anybody else would have. COUNCILMAN LEE: Well, I, we' re all obviously, got to be, excited about the prospect, and would echo your comment concerning Congressman Brooks. I 'm sure that we should also express our appreciation to you and the Manager for the -252- September 27, 1988 presentation that you made in Washington D.C. recently, and it' s a very exciting proposition. Our Conventions and Visitors Bureau, indeed, will have some great things to share with all of the folks in the United States about Beaumont and what we have to offer them. And, I 'm really excited about it and looking forward to the completion next summer. MAYOR MEYERS• Thank you, Bob, for your comments. Anybody else? COUNCILMAN MOORE: I 'd like to say something, Maury. You alluded to the fact there many others involved in this process making it a success. Of course, you all made the trip up to Washington, and of course, Congressman Brooks, as we heard Congressman Leland say last week, knows how to turn the screws to get things done. So, it' s great that he was able to do this, but we've had a lot of disappointments, or we've had some projects fall short of our goals, and this is one of those classic cases where I can remember the entourage was put together to go to Austin and we made the presentation to the Department of Commerce and we felt good then, and it didn' t happen just like we thought it would. But, in some kind of way, Beaumont and the Staff and the Mayor stayed the course, and we've pulled a success out of here. And, the best thing I can say is you all have chosen a great place to locate this Waterpark! Ward IV welcomes it, thank you. MAYOR MEYERS• If there are no other comments, I would only add one other piece that I think is particularly important, and I think became also important to the government as they made the decision, and that was as they look at so many recreational projects like this across America, I think without question, they began to understand and realize that this project had far more meaning than just a recreational activity and that Lamar University has already through its Board of Regents initiated activity within its curriculum that will provide training for students in this area of recreational activity. So, I think it' s a natural evolution that' s taking place that digs much deeper than just one specific project when the impact of this development is complete. Again, I want to thank you. I want to thank everybody that helped participate and did extend our appreciation to Congressman Brooks who in really about three weeks I think moved pretty fast. -000- Public comment was invited on Agenda Items A through D with the exception of B-2 and B-3 . Mrs. Delia Harrington, 815 Willow Street, addressed Council to suggest a surtax on out-of-town vehicles of people employed in Beaumont rather than increase the property rate tax, expressed her personal thanks to Congressman Brooks for his assistance in securing the grant for the Waterpark, and suggested erection of a sight-seeing tower at the Port of Beaumont. -253- Mr. Roberto Flores, 2425 Buchanan, addressed Council on Agenda Item D, ratification of the Police Department contract agreement, stating he saw no provision for an Affirmative Action Plan for the grade of Sergeant or above for minorities. -000- The following Consent Agenda Items were considered: Approval of the Minutes of the regular City Council session held September 20, 1988 and Minutes of the Public Hearing held September 22, 1988; Resolution No. 88-205 appointing Mr. Gene Darst and Mr. George R. Way, Sr. to the Airport Advisory Commission and Mr. William F. Jones to the Housing Rehabilitation Loan Board for terms expiring May 31, 1990 ; Resolution No. 88-206 authorizing final payment in the amount of $10,491. 16 to Gold Crest Electric Company, Inc. for electrical improvements at the Tyrrell Park stables increasing the contract amount of $7,860.00 by $2, 631. 16 for additional work needed to satisfactorily complete the contract; Resolution No. 88-207 awarding a contract for demolition of a building at 887 Park Street to clear the right-of-way for the widening to College Street in a project of the bond-financed Thoroughfare Improvemenmt Program to Olshan Demolishing Company in the amount of $58,850.00; Resolution No. 88-208 awarding a contract for an annual contract for supplying sodium carbonate (soda ash) for use in the filtration process at the main water treatment plant to Van, Waters, and Rogers, Inc. at $0. 825/lb. , or an approximate total cost of $66,000 for a year' s supply of about 800,000 pounds; and Resolution No. 88-209 awarding contracts for demolition and removal of 15 condemned dilapidated structures to Speady' s Sales Co. (Group A: 2384 Avenue H, $467. 28, Group B: 1002 Bonham, $375.84, Group C: 1010 Bonham, $355 .68; Group D: 1340 Milam, $887. 04; Group E: 2325 Washington, $871. 12; and Group G: 1177 Avenue A--$1,133 . 73 , 3390 Ector--$1,154. 25, 2715 Glenwood--622. 44, and 2015 Joachimi--$769.50) totaling $6,636. 88 and to Manuel' s Clearing and Hauling (Group F: 955 Caldwell--$600. 00, 1095 Isla-- $1,100. 00, 990 Parry (garage) --$200. 00, and 4365 Steelton, $1, 100.000; Group H: 1783-91 Liberty--$1,800. 00 and 1783-91 Liberty (garage) -- $1,000. 00) totaling $5,800. 00. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- A Public Hearing was held to consider annexation of 2,810 acres of land adjacent to the southeast corner of the city limits, including the properties of Chevron and Amoco, with total taxable property value of $100 -254- September 27, 1988 million. Mr. Haines explained that the Planning Commission has recommended annexation proceedings unless the two industries enter into Industrial District Agreements similar to those executed on behalf of other industries. Today' s Public Hearing is the the first in a series of steps required in a procedure which would lead to annexation on November 29, 1988. Mayor Meyers declared the Public Hearing open to received comments relative to the proposed annexation of 2,810 acres of land adjacent to the southeast corner of the city limits. Mr. Johnny Green, 8820 E1 Paso, Port Arthur, as owner of the Spindletop Motel situated on four ( 4) acres in proposed annexation area, addressed Council in opposition to the annexation on the basis that it would cost him approximately $4,000 to $6,000 in taxes. Mr. Stan Schwartz, 5710 Pickwick, addressed Council in objection of his property being annexed since it is located on the far south end against McFaddin Canal, his taxes would be increased, and he has an adequate water supply and fire protection without annexation. No other citizens wished to address Council; the Public Hearing was declared closed. -000- Resolution No. 88-210 instructing the Planning Department to prepare a service plan for annexation of 2,810 acres of land adjacent to the southeast corner of the Beaumont city limits, including the properties of Chevron and Amoco was considered. Mr. Haines stated that the City is reluctantly taking this action and would hope the major property owners, Amoco and Chevron, would recognize there is no alternative since they are not inclined to enter into an Industrial District Contract. -000- To give opportunity for public comment, the Public Hearing was reopened. Mr. John Winter, spokesman for the Kyle interests of Brudge E. Kyle, Carol Tyrrell Kyle and W. W. Kyle, III, addressed Council in opposition to the annexation. There being no one else wishing to address Council, the Public Hearing was declared closed. -000- Resolution No. 88-210 authorizing the Planning Department to prepare a service plan for annexation of a 2,810 acre site located adjacent to the southeast corner of the City of Beaumont, including the properties of Chevron and Amoco was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: All Nayes: None -255- September 27, 1988 An ordinance to consider a specific use permit for a church at 5920 College Street ( filed by the Reverend L. C. Pannell) was considered. Mayor Meyers stated the property next to the property under consideration for a specific use permit is still an active bar and grill, but did not receive notice of the Planning and Zoning meeting until Friday before the meeting, and is ready to reopen. State law could affect further use of that business. Mayor Meyers made a motion, seconded by Councilman Brumley, to send back to the Planning and Zoning Commission a request for a specific use permit for a church at 5920 College for consideration at the October 17th Planning and Zoning Commission to give the property owner next to the property under consideration an opportunity to be heard. Councilman Moore suggested that the motion include bringing the item back to Council for consideration on October 18th if the Commission acts on this item at the October 17th meeting. The motion made by Mayor Meyers and seconded by Councilman Brumley was amended to include bringing the results of the October 17th meeting of the Planning and Zoning Commission back to Council for action on October 18th. Question: Ayes: All Nayes: None -000- Ordinance No. 88-82 approving a specific use permit requested by Mr. Steve Brammer of S & B Enterprises for a subcontracting business (a 40 x 50 foot metal storage building) at 2950 S. Sixth Street in an area zoned GC-MD (General Commercial Multiple Family Dwelling) was considered: ORDINANCE NO. 88-82 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A SPECIAL TRADE CONTRACTOR ON PROPERTY LOCATED AT 2950 SOUTH SIXTH STREET. BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-82 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Ordinance No. 88-83 abandoning an unimproved strip of Broussard Street between Hegele and Southerland Streets subject to retention of a general utility easement on the 20 x 635. 8 right-of-way was considered: ORDINANCE NO. 88-83 ENTITLED AN ORDINANCE VACATING AND ABANDONING BROUSSARD STREET ADJACENT TO BLOCKS F AND G, PENNOCK AND POTTS ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-83 was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -256- September 27, 1988 Resolution No. 88-211 approving a five-year Capital Program totaling $14, 918,900 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 88-84 amending the budget document for the 1987-88 Fiscal Year was considered: ORDINANCE NO. 88-84 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988 TO INCREASE APPROPRIATIONS IN CERTAIN ACCOUNTS; TRANSFER MONIES BETWEEN FUNDS; AND DECREASE APPROPRIATIONS IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 88-84 was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 88-85 adopting the tax roll in the amount of $2,736,778,860 for the City of Beaumont and establishing a tax rate in the amount of $0. 54 per each $100 .00 of value for the tax year 1988 was considered: ORDINANCE NO. 88-85 ENTITLED AN ORDINANCE APPROVING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1988; TO PROVIDE A GENERAL FUND, A BONDED INDEBTEDNESS OF THE CITY OF BEAUMONT AND THE PAYMENT OF INTEREST THEREON, AND INSURANCE FUND, AND A DRAINAGE IMPROVEMENT FUND; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 88-85 was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: None Mayor Meyers called the decrease of the tax rate to $0. 54 a milestone for the City and said this will put Beaumont in a more favorable position in comparison with other cities across the State. -000- -257- September 27, 1988 Ordinance No. 88-86 adopting the fiscal year 1988-89 budgets and appropriating monies (General Fund @ $43,464,480; Hotel/Motel Tax Fund @ $860,000; State Health Grant Fund @ $146, 610; Miscellaneous Public Safety Grants Fund @ $24,860; Transportation Grants Fund @ $60,000; T.I .F. Fund @ $210,500; W.I .C. Fund @ $259,460; Community Development Block Grant Fund @ $2, 579, 460; Emergency Shelter Grant Fund @ $155,920; EDA Small Business Loan Fund @ $439,540; Rental Rehabilitation Fund @ $192,000; MURL' s Grant Fund @ $9,650; H.U.D. Section 108 Loan Fund @ $75,230; Confiscated Goods Fund @ $150,000; Debt Service Fund @ $6,996,680; General Improvement Fund @ $200,780; Drainage Improvement Fund @ 224,350; Tyrrell Library Improvement Fund @ $860, 500; Water Utilities Fund @ $14, 454, 980; Sanitation Fund @ $3 , 997,840; Convention Facilities Fund @ $1,289,880; Municipal Transit Fund @ $1,453,400; Sanitary Landfill Fund @ $2,636, 580; Marina Fund @ $56,000; Fire Training Grounds Fund @ $228, 870; Water Utilities Improvement Fund @ $1,511,000; Training Center Improvements Fund @ $49,000; Automated Sanitation System Fund @ $300, 000; Fleet Fund @ $4,760, 970; Telephone Fund @ $382,130; Insurance Fund @ $6,590,850; Adopt-A-Cop Fund @ $16,610; Community Donations Trust Fund @ $5,000; Retired Employees Insurance Trust Fund @ $160,000; Julie Rogers Trust Fund @ $20,130; Tyrrell Historical Trust Fund @ $28,000; Library Trust Fund @ $10,000; Library Endowment Trust Fund @ $3 ,000; Historical Fire Museum Fund @ $20,000; Community Foundation Trust Fund @ $15, 200; Tyrrell Park Renovation Trust Fund @ $1,290; and Liability Insurance Trust Fund @ $200,000) , funding for an early-retirement option was considered: ORDINANCE NO. 88-86 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 1988 AND ENDING SEPTEMBER 30, 1989 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Ordinance No. 88-86 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 88-212 authorizing execution of a labor agreement with the Beaumont Police Officers Association which included changes in additional retirement and insurance benefits was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- -258- September 27, 1988 Ordinance No. 88-87 approving changes in the City' s participation in the Texas Municipal Retirement System relative to "Updated Service Credits" was considered: ORDINANCE NO. 88-87 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF BEAUMONT; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY OF BEAUMONT, TEXAS. Ordinance No. 88-87 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 88-88 authorizing changes in the Texas Municipal Retirement System to allow certain employees to apply and make deposits for limited portions of military service was considered: ORDINANCE NO. 88-88 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS DURING PERIODS OF CONFLICT WITH FOREIGN FORCES, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF ADDITIONAL DEPOSITS TO THE SYSTEM ON ACCOUNT OF SUCH SERVICE CREDIT. Ordinance No. 88-88 was approved on a motion made by Council Smith and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 88-89 approving changes in the City' s participation in the Texas Municipal Retirement System relative to eligibility for retirement after 25 years of service, survivors benefits, occupational disability retirement, and buy back service credits was considered: -259- September 27, 1988 ORDINANCE NO. 88-89 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 64. 202(f) , 64. 204, 64. 405, 64. 406 AND 64. 410 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. Ordinance No. 88-89 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Moore thanked citizens for their input to Council regarding the budget process and expressed enjoyment at last week' s "Sunday in the Park. " Councilman Lee announced that next week' s "Sunday in the Park" will sponsored by Friendship Beaumont. Councilman Brumley stated that daughters, Olivia and Lauren, have picked out their two favorite books for him to read at "Sunday in the Park" and invited everyone to join in the fun. "Concerts on the Move" is being rescheduled for later in October to accommodate the entertainers ' schedules. -000- Mrs. Maree Calcote, 5615 Duff, as Chairman of the Clean Community Commission invited Council and Staff to the formal dedication of the Fred Locke Benckenstein Project across from the Federal Building on Monday, October 3, 1988 at 10: 00 a.m. Ms. Linda Gaudio, 7986 Gladys, invited Council to attend the annual meeting of the Art Museum to celebrate their first year in the Museum on Thursday, September 29th at 6 : 00 p.m. Ms. Suna Landrum, 2435 South Street, addressed Council regarding what she feels are unwarranted Environmental Health citations. -000- There being no further business, the meeting was adjourned. -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 September 27, 1988. Rosemarie Chiappetta City Clerk -260- September 27, 1988 EXCERPT FROM REGULAR CI` i COUNCIL SESSION HELD SEPTEMBER 27, 1988 COUNCILMAN COKINOS: I have one question. Under personnel in the Beaumont Police Department, what's the position of the four majors? CITY MANAGER HAINES: Those positions are eliminated, Councilman. COUNCILMAN COKINOS: They are being eliminated? CITY MANAGER: Yes, sir. COUNCILMAN COKINOS: All right and what . . . what will the salary be as far as them being demoted? CITY MANAGER: The positions. , will be eliminated. The creation of four or three . four positions' of Captain would be . . . are incorporated in the staffing document. It is my feeling at this time, Councilman, that they would retain their current salary. That, however, is subject to review of the Civil Service Commission and I have no authority relative to that question but, at this point, Councilman, it is my intent that these salaries would be frozen at their present level so there would be no cut in pay. COUNCILMAN COKINOS: But they would be demoted to a Captain . . . CITY MANAGER: That 's correct. COUNCILMAN COKINOS: . . . Captain's rank with the Major's . . . CITY MANAGER: . . . with the present salary. COUNCILMAN COKINOS: . . . present salary. CITY MANAGER: Right. COUNCILMAN COKINOS: Thank you very much. END OF EXCERPT.