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HomeMy WebLinkAboutMIN APR 23 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 23, 1991 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 23rd day of April, 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 Absent: David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Reverend G.W. Daniels, Sunlight Baptist Church, gave the invocation. The Pledge of Allegiance was led by Councilman Goodson. -000- Debbie Cole, Family Support Coordinator, invited everyone to attend a parade at 10: 00 a.m. Saturday and the Mayor and Council to attend a special reception honoring the Beaumont-based 644th Transportation Co. recently returned from the Persian Gulf War. -000- Five Proclamations were issued: "Spring Sweep 1991 Week, " April 22-27-, 1991; "Water Utilities Week, " April 28, 1991 - May 4, 1991; "National Youth Service Day, " April 23, 1991 (Accepted by Kate Sherwood, a Junior at Westbrook High School and Saccortiese Holiday, a Sophomore at Central High School, Co-Chairmen of the Youth Commission established today by Mayor Lord. ) ; "Retired Senior Volunteer Program Day, " April 26, 1991; and "Volunteer Week, " April 21-27, 1991. -000- (Councilman Samuel left the Council Chambers at 2: 07 p.m. ) Citizen comment was invited on the Consent Agenda and Main Agenda Items 2, 4, 5, and 6. No one wished to address these items. -83- April 23, 1991 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 16, 1991; Resolution No. 91-85 appointing Susan Spindor to the Beaumont Advisory Committee for the Prevention of Child Abuse and Neglect for a term expiring June 30, 1991; and Resolution No. 91-86 authorizing settlement of a bodily injury claim in the amount of $8, 000. 00 brought against the City by Elizabeth Curl as a result of an injury suffered by the claimant in an accident on the Central Park parking lot on June 11, 1990, when a City truck, left parked with the motor running, slipped into reverse and struck her car. The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- (Councilman Samuel returned during introduction of Agenda Item No. 1. ) ordinance No. 91-35 authorizing a specific use permit, requested by GTE Mobilnet, for a 300-foot tower for cellular mobile phone communications and a utility building on a 6. 10-acre tract on the west side of the 10, 000 block of Black Lane in an area zoned RS (Residential Single Family Dwelling) was considered: ORDINANCE NO. 91-35 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR CONSTRUCTION OF A 300 FOOT CELLULAR MOBILE PHONE COMMUNICATIONS TOWER AND UTILITY BUILDING IN AN AREA ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) , PARTS OF TRACT 48 AND 49, PLAT RS-5, D. EASLEY SURVEY, ABSTRACT NO. 20, LOCATED ON A 6. 10 ACRE TRACT OF LAND, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-35 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- (This item brought back for Council action because of publication error by the Beaumont Enterprise which invalidated Ordinance No. 90-25 passed by City Council on April 17, 1990. ) The first reading of an ordinance granting an amended franchise to -84- April 23, 1991 Browning Ferris Industries, Inc. (BFI) for a commercial garbage collection service was held: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO BROWNING FERRIS INDUSTRIES TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. An ordinance granting an amended franchise to Browning Ferris Industries, Inc. for a commercial garbage collection service was passed to its second reading on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- The first reading of an ordinance granting a franchise to Eastex Waste Systems for a commercial garbage collection service was held: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO EASTEX WASTE SYSTEMS TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. An ordinance granting a franchise to Eastex Waste Systems for a commercial garbage collection service was passed to its second reading on a motion made by Councilman Alter and seconded by Councilman Smith. -000- -85- April 23, 1991 (This item brought back for Council action because of publication error by the Beaumont Enterprise which invalidated Ordinance No. 90-26 passed by City Council on April 17, 1990. ) The first reading of an ordinance granting an amended franchise to REM Waste Control II for a commercial garbage collection service was held: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO REM WASTE CONTROL TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. An ordinance granting an amended franchise to REM Waste Control II for a commercial garbage collection service was passed to its second reading on a motion made by Councilman Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- (This item was brought back for Council action because of publication error by the Beaumont Enterprise which invalidated Ordinance No. 90-27 passed by City Council on April 17, 1990. ) The first reading of an ordinance granting an amended franchise to Waste Management - Golden Triangle for a commercial garbage collection service was held: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENT - GOLDEN TRIANGLE TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENT AND PROVIDING FOR SEVERABILITY. -86- April 23 , 1991 An ordinance granting an amended franchise to Waste Management - Golden Triangle for a commercial garbage collection service was passed to its second reading on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Cokinos Councilman Alter Councilman Smith Councilman Goodson Abstained: Councilman Samuel -000- Ordinance No. 91-36 amending Chapter 26, Section 26-24 of the Code of Ordinances to lengthen the effective time periods of school zone speed limits (7: 15 a.m. to 8 :45 a.m. and from 2 :45 p.m. to 4: 00 p.m. ) on Forsythe Street at St. Anthony's School in anticipation of an increase in traffic when Forsythe becomes a detour route for construction on College Street was considered: ORDINANCE NO. 91-36 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SCHOOL ZONE AND DELETE AN EXISTING SCHOOL ZONE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Discussion was held regarding extending school zone times throughout the day from 7: 15 a.m. to 4: 00 p.m. It was decided that it might be more appropriate to have regular school zone times and to possibly consider another ordinance in a future meeting to lower the regular speed limit to 20 miles per hour. Ordinance No. 91-36 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 91-87 authorizing renewal of a contract with the Innovative Housing Development Corporation to administer the City's Innovative Housing Program and authorize a $150, 000. 00 allocation in 1990 Community Development Block Grant funds for the program which provides assistance to prospective low-to-moderate income home buyers -87- April 23 , 1991 was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 91-88 authorizing purchase of four trucks mounted with knuckleboom loaders and trash hauling bodies for collecting brush and large junk items by the Solid Waste Department from Smart's White GMC of Beaumont in the amount of $335,557.00 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 91-89 authorizing purchase of two trucks with fifth wheels and 45-cubic-yard trailers for brush collection from Wickersham Ford of Orange in the amount of $141,738.00 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Smith complimented the Mayor for establishing the Youth Council. Mayor Lord asked each Councilman to appoint one member to the Youth Council. Councilman Samuel spoke in support of the Youth Council. He also reported receipt of calls from several citizens complaining about the poor condition of Cleveland Street. In addition, Councilman Samuel questioned the type of construction of the DD6 drainage ditch in the Meentzen Street right-of-way, expressing concerns voiced to him by Mr. Donald Shackelford. Councilman Samuel also questioned status of the dilapidated structure located at 1748 Delaware. Mayor Pro Tem. Cokinos asked the City Manager to furnish a cost estimate for the extension of Howell Street to Delaware. In addition, he complimented the Tyrrell ark Garden Club on the Japanese Garden; the U. S. Attorney's office for "No Guns/No Drugs;" and the Neches River Festival Queen Molly Cheryl Christopher and King Alex Broussard. Councilman Alter added his compliments to the Mayor for forming the Youth Commission; the Neches River Festival King and Queen and runners- up; the Festival organization for a wonderful week of community involvement; the Rotary Club for the creation and presentation of the second-year "Service Above Self" award; and encouraged everyone to attend "Clean Sweep" activities on Saturday. Mayor Lord said there will be meetings with youth at Westbrook and Kelly High Schools in conjunction with youth emphasis this week and reported -88- April 23, 1991 she enjoyed participating in a television program this past Saturday entitled "Ask the Mayor. " She said one viewer questioned why tops of tin cans are not picked up with the remainder of the can when placed in the recycling container, and according to the Director of the Solid Waste Department, the tops are supposed to be included in the recycling pick-up and collectors will be advised of this oversight. -000- Mr. Joe B. Wilson, 1850 Euclid, and Mr. Robert Gerard, 1884 Euclid, addressed Council to complain about flooding and water ponding in the 1800 Block of Euclid and requested help with drainage. Mr. Wilson presented Council with pictures of Euclid Street after recent heavy rains and a petition signed by residents of the area. Mr. Donald Shackleford and Mr. Oliver questioned type of ditch to be constructed in the Meentzen Street right-of-way by DD6 and expressed concerns of poor maintenance and health and safety issues (snakes and mosquitoes) for ditches other than concrete lined. Mr. Henry Dannenbaum, 1567 Wall, expressed his appreciation for volunteers. -000- There being no other business, the Regular Session of City Council was adjourned to reconvene in Workshop Session in the Third Floor Conference Room. -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 April 23, 1991. Rosemarie Chiappetta City Clerk -89- April 23, 1991