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HomeMy WebLinkAboutMIN MAR 19 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 19, 1991 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 19th day of March, 1991, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Mayor Pro Tem Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Timothy Green, Associate Pastor at Ebenezer Baptist Church. The Pledge of Allegiance was led by Mayor Pro Tem Cokinos and students from the West Tabernacle Baptist Church Day Care Center. -000- Five Proclamations were issued: "Family Entertainment Week, " March 18- 24, 1991; "National Nutrition Month, " March, 1991; "National Young Audiences Week, " March 17-23, 1991; "Coach Al Barbre Day, " March 19, 1991; and "Lamar Lacy Cardinals' Basketball Month, " March, 1991. -000- Mayor Lord announced that an Executive Session will be held following the Regular Session of City Council in accordance with Section 2 (e) of the Texas Open Meetings Act to consider pending or contemplated litigation: Brenda Galles vs. City of Beaumont, Ida Mae Tyler vs. City of Beaumont, Pamela J. Cormier, Individually and as Administratrix of the Estate of Charles Ray Cormier, Sr. Deceased, et al vs. The City of Beaumont, et al. -000- Public comment was invited on the Consent and Main Agenda. No one wished to address these items. -50- March 19, 1991 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 5, 1991; Resolution No. 91-52 accepting the street and storm sewer improvements on Doral Street from Willow Bend Drive, 744 feet west, to and including a temporary turnaround, and water and sanitary sewer improvements on Lots 1-9, Block 1 and Lots 1-9, Block 2 in Willow Creek Country Club Estates - Phase II, Section III-A; Resolution No. 91-53 granting a ten-feet-wide easement to Gulf States Utilities Company for underground electrical service for maintenance of switching equipment serving City Hall and the Civic Center, with five feet (51 ) on either side of the centerline entering the property at an existing equipment easement on the east side of the Civic Center and continuing in a southeasterly direction one hundred and two (1021 ) feet; and Resolution No. 91-54 authorizing a License to Encroach with the Estate of Pearl Beard, owners of a residence at 2410 Angelina, to encroach onto the Eighth Street right-of-way (for the residence which extends 1.03 feet for a distance of 34. 6 feet and the fence extends 1.7 feet for a distance of 48 feet) , east of and adjacent to Lot 18, Block 11, Oaks Addition for a one-time fee of Five Hundred Dollars ($500. 00) . The Consent Agenda was approved on a motion by Councilman Moore and seconded by Mayor Pro Tem. Cokinos. Question: Ayes: All Nayes: None -000- Mayor Lord explained to the honor students from Mr. Don Branham's government class of Westbrook Senior High School, attending Council as part of Student Government Discovery Day (a program initiated by Mayor Lord to acquaint area high school students with their local government programs and services) , the difference in the Consent and Regular Agenda items. -000- Resolution No. 91-55 accepting the work performed by Bo-Mac Contractors, Inc. for reconstruction of ten (10) streets (Brooks Road, Fannett Road to Major Drive; Florida Avenue, Avenue A to Cardinal Drive; Helbig Road, Lorilee to Piney Point; Old Dowlen Road, Dowlen Road to Highway 105; Phelps Road, Fannett Road to Tyrrell Pak Road; Roland Road, Speer to LeBlanc; Twenty-Third Street, Cartwright Street to Washington Boulevard; Tyrrell Park Road, Fannett Road to Park entrance--Downs Road to Frint Road; Virginia Avenue, Bob Street to Beale Street--Osan Street to Mercantile; and Washington Boulevard, Langham Road to Burbank) under the -51- March 19, 1991 1990 Major Street Rehabilitation Program, authorize Change Order No. 2 in the amount of $6,283 .56 for adjustment to reflect as-built quantities, and authorize final payment in the amount of $64, 671.41 was approved on a motion made by Councilman Samuel and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 91-24 amending Chapter 20, Section 20-4 of the Code of Ordinances to establish a curfew between 12 :00 midnight and 6: 00 a.m. in all city parks except open areas adjacent to the Civic Center Complex, Fair Park and Riverfront Park was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20-4, TO ADD A NEW SECTION 20-4 (d) ESTABLISHING A CURFEW ON CITY PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mr. Riley explained "this item is referred to Council as a result of meetings with the Parks and Recreation Advisory Board which has heard complaints from residents and. . .citizens around the community about the growing problem of. . . illicit activities within the city parks late at night. " Mr. Riley read the proposed Section 20-4 (d) : "All city parks, other than open areas adjacent to the Civic Center Complex, Fair Park and Riverfront Park, shall be closed between the hours of 12: 00 midnight and 6:00 a.m. It shall be unlawful for any person to be upon the parks of the city described herein during hours that the park is closed. Parks may be opened at other times at the discretion of the City Manager. " After a discussion including penalties, reasons, exceptions and policy for park use during curfew hours, public notification of effective date, the reason for eliminating certain parks from the curfew, and the feasibility and flexibility of amending curfew regulations in the future, Councilman Goodson made a motion, seconded by Councilman Alter, to amend Ordinance No. 91-24 to include Fair Park and Riverfront Park in the curfew and to establish April 1, 1991, as the effective date. Further discussion brought forth concerns by Councilman Moore that a stricter level of law enforcement would be necessary on vacant lots, parking lots or open fields if a curfew is set for all parks. If one or two parks, such as Riverfront Park, are not restricted by a curfew, legitimate and wholesome activities could be conducted in a non- neighborhood area and near police security. -52- March 19, 1991 Councilman Goodson agreed to amend his motion to eliminate Riverfront Park from a curfew on a trial basis, if Councilman Alter would amend his second. Councilman Moore made a motion to exclude Riverfront Park from the curfew; the motion was seconded by Councilman Samuel. Councilman Alter would not agree to change his second on the original motion. The motion made by Councilman Moore failed because it was not accepted by the seconder of the main motion. Councilman Goodson then agreed to completely withdraw his motion and allow another motion to be generated if Councilman Alter would withdraw his second. Mayor Lord chose to use her authority as Chairman to discard all previous motions and entertain a new motion. Councilman Goodson made a motion to approve the ordinance as originally presented with an amendment to include Fair Park in the curfew for City parks from 12:00 midnight to 6:00 (excluding Riverfront Park) and to establish April 1, 1991, as the effective date of the ordinance. Councilman Moore seconded the motion. ORDINANCE NO. 91-24 ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20-4, TO ADD A NEW SECTION 20-4 (D) ESTABLISHING A CURFEW ON CITY PARKS; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Ordinance No. 91-24 was approved: Question: Ayes: All Nayes: None Councilman Alter requested a periodic report from the Police Department regarding any transient abuse or any improper use of Riverfront Park so that an evaluation may be made for need of inclusion of the park in the curfew. -000- Mayor Lord thanked the students from Westbrook Senior High School for participating in the City's Student Government Discovery Day program and witnessing "their government working. " AMY MOUTON: Mayor Lord and City Councilmembers, we would like to thank you for having us be present at Student Government Day. City government is very -53- March 19, 1991 important to our education, and being present at the City Council meeting has given us insight into the importance of city government to our lives. Thank you. MAYOR LORD: . . .Thank you very much, Amy, and thank each and everyone of you. MR. DON BRANHAM• Mayor Lord, I 'd like to take a personal privilege. I 'm Don Branham, the government teacher from Westbrook High School, that brought this fine group with me today. We'd like to again thank the Council and the Mayor for envisioning this program, and we hope to see it expanded. In return, we would like to invite the members of the Council for "Discovery Day in Public Education. " We would love to have each and everyone of you come and spend a day with us at Westbrook Senior High School. Give me a call, and we'll be glad to set it up. I think you'd have a real valuable experience there, too. MAYOR LORD: I think we would, and thank you for the invitation. -000- Resolution No. 91-56 authorizing an annual contract for limestone to be used by the Street and Drainage Department for repairs and maintenance of City streets with Lott Materials in the amount of $13.50/ton delivered to Zone 1, $12 .50/ton delivered to Zone 2 , $13 .50/ton delivered to Zone 3 , $12 .50/ton delivered to Zone 4, and $10.50/ton picked up from the vendor's plantsite was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 91-57 authorizing annual contracts for traffic marking materials on an as needed basis by the Public Works Transportation Department to: Safety Lights Sales and Leasing for 500 yellow sign posts, $7, 120. 00; Cataphone, Inc. for 3, 000 pounds of glass beads, $614 .70; Highway Signs and Paint, Inc. for 500 gallons of yellow traffic paint, $3 , 250. 00 and 500 gallons of white traffic paint, $3,250. 00; Trantex Transportation Products of TX for 5, 000 pounds of bitumen adhesive for button replacement, $1,525. 00, 5, 000 two-way yellow acrylic reflective raised pavement markers, $53, 000. 00 and 5, 000 one-way white acrylic reflective markers, $5, 150. 00; Renco Supply, Inc. for 5,000 3/4" crown yellow ceramic raised pavement markers for $2, 650. 00 and 5, 000 3/4" crown white ceramic raised pavement markers for $2,550. 00; Volare, Ltd. for 8, 000 feet of pavement marking tape and adhesive for -54- March 19, 1991 $11, 390.00; Signs & Blanks for 2,220 aluminum sign blanks for $10,487. 15; and Mid Ohio Markings for 85 rolls of reflective and non reflective sheeting for $16, 382 .00 and 2,425 sign faces for $10,528.25 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 91-60 nominating the Beaumont plant of Cargill Steel and Wire Department of Cargill, Inc. (Cargill acquired the former Shaeffer Tool Works and with this project will create 60 permanent full-time jobs and 12 construction jobs) as a qualified business for designation as an Enterprise Project by the Texas Department of Commerce to entitle Cargill to a state sales tax rebate on purchases of equipment and materials, priority consideration for permit applications, local benefits from being in the Beaumont-Jefferson County Enterprise Zone, including sales tax rebates and property tax abatement was approved on a motion made by Councilman Moore and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None Mayor Lord welcomed Cargill to the community and introduced George Perrett from the Chamber of Commerce, Jim Jonasen, Jim Franklin, Noreen Gade Ed Vincent and John Shavers from Cargill. -000- Resolution No. 91-58 authorizing purchase of two defibrillator/monitors with a quik-pace non-invasive pacemaker option for the Emergency Medical Services (E.M.S. ) from Physio-Control Corporation in the amount of $16, 094 .50 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 91-59 authorizing a contract with Russ Miller Construction Co. , Inc. for construction of the Lafin Road Concrete Paving Project in the amount of $652, 613.27 was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 91-61 authorizing a contract in the amount of $35, 000. 00 with the Innovative Housing Development Corporation to administer an affordable housing project in which a low cost, three-bedroom home would be constructed by the Beaumont Independent School District building trades students for sale to a low-to-moderate income family was approved on a motion made by Councilman Moore and seconded by Councilman Alter. Question: Ayes: All Nayes: None -55- March 19, 1991 Councilman Goodson commented that Mayor Lord joined with Mayor Dan Mohon of Orange and Mayor Mary Ellen Summerlin of Port Arthur in a walk over Veteran's Memorial Bridge in the March of Dimes Mayor's Media Mile promotion to encourage participation in Walk America, the organization's fund-raising campaign for healthier babies. Mayor Pro Tem Cokinos reported that "Sunday in the Park" was a great success with a lot of entertainment, that he was privileged to welcome the first annual reunion of the All-Japan Motorcycle Club and presented Mayor Lord with a Certificate of Appreciation from Phil Grundy for Beaumont being the host city, and congratulated Port Arthur and Hardin- Jefferson for winning basketball championships. Councilman Moore again expressed concern about the depth of the Eleventh Street ditch being a potential danger when there is an accumulation of water and asked Public Works Director Tom Warner to check into safety measures, questioned status of a bus stop bench near Parkdale Mall at Crow and Odom and the one-way traffic situation on Walden Road and the removal of barricades. Councilman Smith said she has received inquiries about the commencement date of repairs on Guess Drive. Mr. Warner replied the delay is due to the wet weather. Mayor Lord reported that she was invited to attend a three-day workshop in New Orleans sponsored by the National Endowment for the Arts and Tulane School of Architecture. Beaumont was among one of eight southern cities to be invited. Mayor Lord said that city planners, urban designers, architects and experts from all over the world were there, and compared to the other cities, Beaumont received far more compliments on its approach to ideas, design, and solutions than did the other cities. Beaumont was commended on the practicality and design we're doing. She said it was very interesting, brainstorming experience, and she left with a greater appreciation for city planners. -000- Ms. Terry Stelly, 1145 Oregon #17, addressed Council to complain that the owner of a twenty-four unit apartment complex across the street from her will not provide a dumpster for garbage collection for his tenants and questioned ordinances that might regulate and enforce this service. Mayor Lord asked Ms. Stelly to meet with Mr. Nichols, the City Attorney, at the conclusion of Council. Mrs. Delia Harrington, 815 Willow, invited everyone to view the Bluebonnets in bloom near her home and Interstate 10 and complained about excessive trash accumulation in front of Magnolia Gardens and transients living in an empty metal building and depositing garbage and litter on the property across the street from Magnolia Gardens. -56- March 19, 1991 Mr. Forrest F. "Ted" Posey, 3695 Edmonds, read a prayer to Council, complained about the railroad crossing on Fourth Street, discussed mass transportation, and extended Easter wishes to everyone. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council on various subjects and thanked Council for establishing a curfew for the parks. -000- There being no other business, the Regular Session of City Council was adjourned to reconvene in Executive Session. -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 March 19, 1991. Rosemarie Chiappetta City Clerk -57- March 19, 1991