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HomeMy WebLinkAboutMIN DEC 05 1989 REGULAR SESSION CITY COUNCIL -- CITY OF BEAUMONT HELD DECEMBER 5, 1989, 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 5th day of December, 1989, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Michael Brumley Councilman, Ward II Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given Mr. John Davis, Ridgewood Church of Christ. The Pledge of Allegiance was led by Tara Miller, an eighth-grade cheerleader at Vincent Middle School. -000- Mayor Meyers called an Executive Session immediately following the Regular Session of City Council, pursuant to Section II (e) of the Texas Open Meetings Act, to consider pending or contemplative litigation. -000- Mayor Meyers shared a letter he received from a youngster named Jonathan Riley Morris to send to President Bush. Jonathan read an article in the Beaumont Enterprise regarding Mayor Meyers' invitation to President Bush to attend the ceremonies of the Grand Opening of the Energy Museum and wanted to add his feelings: "Dear Mr. Bush: We Texans have had some ups and downs in the oil business. Most Texans think since you are an adopted Texan you should come to the opening of the Texas Energy Museum on January 10th. Sincerely, Jonathan Riley Morris" MAYOR MEYERS• I think that's classic, and I wanted to share it with you. You're welcome to take a look at it. -317- December 5, 1989 Mayor Meyers introduced Vincent Middle School Principal James Breaux, Ms. Kay Ptacek sponsor for the Vincent Middle School cheerleaders, and cheerleaders, Tara Miller, Kari Rabb, Jenny Watts, Nicole Ward, Candy Kemp, Mandy Byrd, Nicole Bruno, and Valerie Majors. These girls are all first-year, eighth-grade cheerleaders who attended a cheerleading camp at Lamar University during the summer of 1989 and won four superior ribbons, the spirit stick award, and a runner-up award for excellence. They proceeded to a regional competition in Schreveport, Louisiana, and then on September 23 , 1989 qualified for the 189/ 190 National Finals Competition of the National Cheerleading Association of High School Cheerleading Championships. This is especially significant since they are the first from any Junior High or High School in Beaumont to qualify at this level. Ms. Ptacek announced they will be competing in the Dallas Coliseum December 27-29, 1989, and have been putting all their energy and free-time into practice for the event. Council extended their congratulations and wishes for a successful competition to the girls. -000- One Proclamation was issued: "Cities Fight Back Against Drugs Week, " December 3-9, 1990. -000- Councilman Moore explained a program that is being developed with public and private schools at Elementary, Middle School and High School levels in a national fight against drugs. High School students will be asked to design a logo symbolic of the program, Middle School students may enter a cheer or rap song against the use of drugs, and Elementary students will be asked to participate in a poster contest. This program is in conjunction with the National League of Cities. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 3 - 6. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the minutes of the regular City Council session held November 21, 1989 ; Resolution No. 89-247 appointing Ann B. Heidtke to the Library Commission for a term expiring October 31, 1990; Richard Chappell to the Convention and Tourism Advisory Commission for a term expiring July 31, 1991; Marie Hubbard and Minnie Zummo to the CDBG Advisory Commission for terms expiring June 31, 1991; Joy Reagan to the Beaumont Committee for -318- December 5, 1989 Prevention of Child Abuse and Neglect for a term expiring June 30, 1991; Clara Boteler and Delia Harrington to the Clean Community Commission for terms expiring September 30, 1991 and the Reverend Ron Bishop to the Clean Community Commission for a term expiring September 30, 1990; Resolution No. 89-248 designating City Manager Ray A. Riley as the official signatory agent for documents related to the City's application for grant assistance under the Federal Water Pollution Control Act; Resolution No. 89-249 authorizing a License to Encroach Agreement with Timothy Clark for a swimming pool and pool deck extending onto a general utility easement in the rear of a residence at 880 Norwood Drive, described at Lot 4 and the south one foot of Lot 5 in Block 6 of Dowlen West, Unit IV for a one-time fee of $500.00; Resolution No. 89-250 authorizing purchase of two fully automatic defibrillator units and a data retriever from Laerdal Medical of Armonk, New York in the amount of $13,518 to be used by Fire Department personnel (Emergency Medical Service - EMS - and other personnel) in cardiac arrest cases; Resolution No. 89-251 authorizing eminent domain proceedings to acquire approximately 2 , 657 square feet out of Lot 7, Block 30, Calder Addition, on the northeast corner of South and Oakland, owned by Johnnie J. DeFatta for Martin Luther King, Jr. Parkway/Spur 380 right-of-way; Resolution No. 89-252 authorizing a License to Encroach Agreement with MHMR of Southeast Texas across Eighth Street north of Washington Boulevard and south of Roberts Avenue for installation of an underground communications cable to link their administration building with the hospital for a one-time fee of $500. 00; and Resolution No. 89-253 authorizing settlement of the claim of Alton Guidry, Jr. against the City, as discussed in Executive Session, November 21, 1989, in the amount of $3,200.00 with the claimant signing a release freeing the City of any further liability in the matter. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- An ordinance considering a request for a zoning change from PUD (Planned Unit Development) to GC-MD (General Commercial Multiple Dwelling) for a tract on the southwest corner of East Elgie Street and Martin Luther King, Jr. Parkway, filed by Joseph E. Endari and other owners of the property, was considered. Because the zoning change would be inconsistent with the comprehensive plan, the ordinance was denied on a -319- December 5, 1989 motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 89-83 adopting Proposal "C" of the "Old Town" rezoning study for a 190-acre area for property lying west of 10th Street, including Lots 3 , 4, 5 and 6, Block 1, Palm Place Addition, to be changed from R-3 to GC-MD (General Commercial Multiple-Family Dwelling) ; the former Averill Elementary School site changed from R-3 and RS to RCR; property north of Hazel changed from R-3 to RS; Tract 2, Block 1, Oaks Addition changed from RM-H (Residential Multiple-Family Dwelling - Highest Density) to RS; and the remainder changed from R-3 to RCR (Residential Conservation and Revitalization) was considered: ORDINANCE NO. 89-83 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 R-3, (MODIFIED TWO-FAMILY AND MULTIPLE DWELLING) , RS (RESIDENTIAL SINGLE FAMILY DWELLING) , RM- H (RESIDENTIAL MULTIPLE-FAMILY DWELLING - HIGHEST DENSITY) TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) , GC-MD (GENERAL COMMERCIAL MULTIPLE - FAMILY DWELLING) , RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) , RS (RESIDENTIAL SINGLE FAMILY DWELLING) ON PROPERTY LYING 150 FEET EAST OF ELEVENTH STREET AND EXTENDING EASTWARD TO THIRD STREET, SAID LAND BEING SITUATED NORTH OF LAUREL AVENUE AND SOUTH OF LOTS FRONTING ALONG NORTH, HAZEL AND HARRISON STREETS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 89-83 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 89-84 calling an election for January 20, 1990 on an initiative ordinance for repeal of Ordinance 89-58 establishing a fund for maintenance and rehabilitation of streets and a user fee to support the fund was considered: -320- December 5, 1989 ORDINANCE NO. 89-84 ENTITLED AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 20TH DAY OF JANUARY, 1990, AS PROVIDED BY LAW, FOR THE PURPOSE OF PRESENTING THE FOLLOWING PROPOSITION: "ENTITLED AN ORDINANCE REPEALING ORDINANCE NO. 89-58 ESTABLISHING A STREET USER FEE; " PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; APPOINTING OFFICERS TO PRESIDE OVER SAID ELECTION; APPOINTING AN ABSENTEE BALLOT BOARD FOR ABSENTEE VOTING; APPOINTING A MANAGER AND JUDGE OF THE CENTRAL COUNTING STATION; PROVIDING FOR NOTICE THEREOF; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 89-84 was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: Councilman Nayes: Mayor Meyers Lee Councilman Councilman Moore Cokinos Councilman Smith Councilman Samuel -000- Resolution No. 89-254 authorizing purchase of a Caterpillar Model 826C compactor for landfill use from Mustang Tractor and Equipment Co. in the amount of $202,919. 00 with a five (5) year or 7, 500 hour warranty was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 89-255 acknowledging the offer of a donation of a 6.34- acre tract of land on the southeast corner of Gober Road and Garner Road from Mr. Michael T. Halbouty for development of a city park to be named in honor of his father, the late Tom C. Halbouty, authorizing application to the Texas Parks and Wildlife Department for a grant to develop such park, and authorizing the City Manager to formally accept the donation when it becomes apparent that a matching grant will be available was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- -321- December 5, 1989 Resolution No. 89-256 authorizing purchase of components for the expansion of the Fire Department's Opticom emergency vehicle priority control system (designed to give a green light to emergency vehicles at intersections equipped with optical detectors that can sense their approach at distances of up to 1,800 feet from light signals coming from emitters installed on the vehicles) from Consolidated Traffic Controls, Inc. in the amount of $53, 664.00 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Councilman Cokinos congratulated Kelly High School for winning the State Football Championship for the second year. -000- Mr. Henry Dannenbaum, 1567 Wall, addressed Council to compliment the recent ceremonies at the Municipal Transfer System. Mr. Chuck Martinez, liaison from the Student Government Association of Lamar University, addressed Council to extend an invitation to attend a meeting on December 14th in the Map Room at the John Gray Institute relative to the football program at Lamar University. -000- There being no further business, the meeting was recessed before continuing with the Executive Session of City Council. -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 December 5, 1989. Rosemarie Chiappetta City Clerk -322- December 5, 1989