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HomeMy WebLinkAboutMIN SEP 03 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 3, 1991 - 7:00 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 3rd day of September, 1991, with the following present: HONORABLE: Evelyn M. Lord Mayor Lulu L. Smith Mayor Pro Tem Councilman, Ward I Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large 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 Councilman Guy Goodson. The Pledge of Allegiance was led by Mayor Pro Tem Smith. -000- Three Proclamations were issued: "Beaumont Dog Show Day, " September 7, 1991; "Single Adult Day, " September 21, 1991; and "Indian Guides and Princesses Week, " (YMCA program) September 2-6, 1991. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 through 5. Dr. Tom Nelson, 645 Kennedy, addressed Council regarding Agenda Item 5 establishing a Dog and Cat Fancier's Permit. Dr. Nelson said the ordinance has no provision for inspection or review of the property before a permit is granted, said the size of lot and the number and sizes of animals should be considered in granting permits, discouraged an automatic permit for ten (10) animals, and said he feels objection from a property owner within a distance requirement of 500 feet is too great to deny a permit. -000- -209- September 3, 1991 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 28, 1991; Resolution No. 91-208 appointing Will E. Wilson, Jr. to the Convention and Tourism Advisory Committee for a term expiring September 30, 1993 ; Resolution No. 91-209 accepting a 10-foot-wide permanent drainage easement from Bridge Oil Company, Limited Partnership out of the A. Williams Survey, Abstract 385, for a ditch to relieve flooding in the area of Jeanette and LaSalle Streets and a temporary 20-foot-wide easement for construction of the ditch by City forces; and Resolution No. 91-210 authorizing execution of quitclaim deeds transferring any residual interest the City may have in Lots 1-26, Block 38, of the Averill Addition--the former location of the Wilson Memorial Art Center property at 1111 Ninth Street--to the James Cook Wilson, Jr. Trust, the Mary Randolph Wilson Trust, the Faye Randolph Wilson Trust, and the prospective purchasers, Rodolfo P. and Nereida Sotolongo. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 91-211 awarding a contract in the amount of $78,936. 22 to RSR Road Surface Recycling (USA) , Inc. for the 1991 Street Rehabilitation Program "Recycling Process' for eleven (11) street sections totaling about 3, 280 feet (Avenue C between College and Washington; Blanchette between Main and Neches; Cartwright between SPRR and Houston; Forsythe between Park and Main, Hazel between 7th and 11th; Neches between Corley and Washington; Sabine Pass between Buford North and the Concrete Section; South between Oxford and 4th; Thomas Road between Calder and Regina; Thomas Road between Regina and Delaware; and Victoria between Blanchette and Harriot) was approved on a motion made by Councilman Alter and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None Councilman Moore questioned the level of participation for repair of West Highland Avenue and Old Port Arthur Road/Avenue A, said increased disrepair is being caused by drainage construction, and asked for an update of possible repair schedule. Mr. Riley said bids have been received for a major resurfacing and reconstruction project and parts of those streets may be included, and said that he would check into the situation and submit a report. -210- September 3, 1991 Resolution No. 91-212 authorizing a contract for renovation of the City- owned building at 1205 Schwarner Street,occupied by the Charlton Pollard Day Care Center under a 40-year lease, with Watkins Construction Company in the amount of $44,841. 00 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Councilman Goodson made a motion, seconded by Councilman Cokinos, to approve Resolution No.91-213 authorizing a contract in the amount of $148,957 . 00 with Watkins Construction Company for construction of covered play areas (a concrete surfaced play area covered by a metal roof, with lighting and basketball backstops, backboards and goals installed) on three parks, Tyrrell Park, Alice Keith and Roberts Park. Councilman Moore expressed concerns about the covered play area to be constructed near the tennis courts at Alice Keith Park creating a potential crime situation by restricting the view of Police patrol vehicles, and suggested the single basketball court repaired last year near the Community Center remain in tact for the smaller children. Resolution No. 91-213 was approved with the following vote. Question: Ayes: All Nayes: None -000- Resolution No. 91-214 appointing the firm of Coopers & Lybrand, Certified Public Accountants, as the City's outside auditors for the Fiscal Year 1991 at a cost of $105, 000. 00 was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 91-69 amending Section 5-17 of the Code of Ordinances and establishing a dog and cat fancier' s permit and licensing procedure for pet fanciers, in contrast with commercial kennels, who wish to keep five or more dogs, or cats or a combined total of five or more of both was considered: ORDINANCE NO. 91-69 ENTITLED AN ORDINANCE AMENDING CHAPTER 5, SECTION 5-17 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE PROVISIONS CONCERNING COMMERCIAL KENNELS AND ESTABLISH A DOG AND CAT FANCIER'S PERMIT AND REGULATIONS PROVIDING FOR SUCH PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -211- September 3, 1991 Councilman Alter discussed changing the wording in Section 6 from "Prior to issuance of a renewal permit, . . . " to "Prior to issuance of an permit, the Health Authority shall inspect the premises to assure compliance with this ordinance, " proposed that in Section 4 where written notice extends to property owners or occupants of all property within 500 feet of the property line of the proposed permitted location be reduced to 300 feet, and changing the number of objections for denial in Section 5 from one to two if the application meets all other criteria. Councilman Moore questioned on-going inspections prior to renewal if complaints are received. City Attorney Nichols informed Council that we have adequate health, noise and other ordinances, that upon the concern of a citizen, provide for an inspection. He said this particular ordinance does not provide this specific opportunity, but it is provided in other ordinances. Upon a proven violation of the permit, then there is a provision for revocation. Other discussion included exact description of animals in the application with no modifications except if application for amendment to the permit is made and approved, other sections of the existing ordinance remaining in effect, the number of objections required for denial, and the 500-foot limitation remaining if the number of objections were raised to two or more. An amendment to Section 5-17, B(6) in the second sentence of the proposed ordinance changing the requirement for inspections for "renewal" only and cause it to mean upon issuance of 11any" permit, the Health Authority shall inspect the premises to assure compliance with this ordinance, and in other appropriate sections of the ordinance, was approved on a motion made by Councilman Samuel and seconded by Councilman Goodson. Question: Ayes: All Nayes: None A motion made by Councilman Alter to amend the ordinance to expand the number of objections necessary for automatic denial of the permit from one to two died for lack of a second. Mayor Pro Tem Smith expressed a need for the attachment of required notification and approval of residents within a 500 foot limitation to remain in the ordinance if the number of objections were raised to two. -212- September 3, 1991 Establishing the number of feet at 500 as described in Section 5-17, B(4) of the proposed ordinance by stating, "Upon receipt of the application, the Health Authority or its designee, shall provide written notice to owners or occupants of all property within 500 feet of the property line of the proposed permitted location. " was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Smith. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Alter Smith Councilman Councilman Cokinos Moore Councilman Goodson Councilman Samuel A motion that at least two objections be required for denial of a Dog and Cat Fancier's Permit made by Councilman Alter and seconded by Councilman Moore was considered. Mayor Lord stated she would like to see the necessary objections remain at one because of calls she has received from citizens who feel "that residential zoning should be very strictly observed, and that when they move into an area that is residential zoning that they have the privileges that go with that zoning, and that should be preserved. " Mayor Pro Tem Smith expressed agreement with Mayor Lord, but said she is willing to concede to the number of objections to keep the distance requirement at 500 feet for inclusion in the objection clause. The above-stated motion made by Councilman Alter and seconded by Councilman Moore to reflect denial by two or more objections of the Dog and Cat Fancier's Permit was approved. Question: Ayes: Mayor Pro Tem Nayes: Mayor Lord Smith Councilman Alter Councilman Cokinos Councilman Goodson Councilman Samuel Councilman Moore Ordinance No. 91-69 as amended was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: Mayor Pro Tem Nayes: Mayor Lord Smith Councilman Alter Councilman Cokinos Councilman Goodson Councilman Samuel Councilman Moore -213- September 3, 1991 A Public Hearing was opened to consider the proposed ad valorem property tax rate of $.59 cents per hundred dollars assessed valuation for the 1991-92 fiscal year. No one wished to comment, and the Public Hearing was closed. -000- - motion was made by Councilman Alter to approve Resolution No. 91-215 scheduling an ordinance to be placed on the agenda of the Regular Session of City Council to be held in the City Council Chambers at 1:30 p.m. on September 17, 1991, adopting a tax rate in the amount of $.59 per hundred dollars valuation for the fiscal period commencing October 1, 1991 and ending September 30, 1992, and seconded by Mayor Pro Tem Smith. Councilman Cokinos questioned revenue received from a one-cent increase on tax rates and the fiscal year ending balance. The City Manager responded that the one-cent equates to $285,000 in revenue, and that the year-end balance will be approximately $3 . 0 million. Other Council members that this reserve is required to meet unforseen emergencies, natural disasters and our self-insurance program. Resolution No. 91-215 was approved with the following vote. Question: Ayes: All Nayes: None -000- A Public Hearing was opened to consider the proposed City budget for Fiscal Year 1992 and the proposed Capital Program for Fiscal Year 1992 through Fiscal Year 1996. Dr. Charles Owen, Medical Director of the Beaumont Emergency Medical Services, 5765 Longwood, addressed Council to request a third ambulance and emergency response team be included in the budget and distributed to Council a memorandum expressing his concerns for efficiently operating the program and suggested appointment of a multi-disciplinary panel representing the priorities and interests of Beaumont's citizens, physicians, hospitals, EMS, industries and government. Mr. Morris Pecora, 5020 Chambers, addressed Council in support of an additional ambulance and response team for EMS and reflected on two occasions involving the need for an ambulance. He compared the service and cost between EMS and a private ambulance service that was dispatched because an EMS unit was not available and indicated he received better and faster service at a lower rate from EMS. Ms. Hellena Postrk, 7980 Willow Creek Drive, as a member of the Board of Directors for the Southeast Texas Arts Council, serving as Vice- President for Beaumont addressed Council to request $135, 000. 00 in -214- September 3, 1991 funding for the 191/92 Fiscal Year. Ms. Postrk asked several organizations that are recipients of the services of the Southeast Arts Council to stand and introduce their group. Mr. Andy Foot, 520 Dowlen, a paramedic with EMS addressed Council to add his support for the need of a third ambulance and team and discussed the increase in calls for service. He said that in 1985, two ambulances responded to 3, 500 calls and estimate responding to 6, 000 in 1991. Ms. Marie Broussard, 1185 Ivy Lane, addressed Council on behalf of the Beaumont Heritage Society to request $20,000. 00 from the Hotel/Motel Fund for repair of buildings and presented copies of their 1991-1992 Budget and pictures of the buildings needing repair to the City Clerk for distribution to Council. Mr. Dave Hitt, Treasurer for the Texas Energy Museum, and Dr. Frances Munch, Director of the Texas Energy Museum, addressed Council to request continued funding in the amount of $96, 000. 00, distributed information to Council, and reviewed the history and activities of the Museum. Mr. Raymond Scott, 2860 Proctor, Port Arthur, addressed Council as a Union Representative for American Federation of State, County and Municipal Employees Local 385 to ask them to intervene and listen to the needs of employees and presented a proposal for consideration. Mr. Eddie James McGriff, a City employee working as an equipment operator in the Streets and Drainage Division, addressed Council to request that vacation and personal leave hours not be reduced. Dr. Leldon Sweet, a Beaumont cardiologist at 3250 Medical Center Drive, addressed Council to express concerns about plans not to expand EMS, discussed the excellence the City has provided through this service, emphasized the importance of the EMS, and said a third vehicle is needed because of geographic problems. Dr. Sweet proposed the EMS receive the same kinds of planning and priority given to Police and Fire, be treated as a distinct entity with its own Director, Chief, and Board, and that standards be developed throughout the community that apply to not only municipal operations, but to all operators so the standard of care is the same for private or public. Mr. Calvin Spindor, 930 Belvedere Drive, addressed Council on behalf of the Chamber of Commerce. Mr. Spindor highlighted points of the Chamber quarterly report, said the economic picture of Beaumont continues to improve, since 1990 the area labor force has grown by over 6,700 jobs, the unemployment number has declined, and that the Beaumont employment number is within 1,400 of the history high reached in 1981 and possibly the Beaumont and the regional employment number could peak at a new history high by the end of 1992 at the current growth rate. -215- September 3, 1991 (Councilman Cokinos left the Council Chambers and returned during Mr. Spindor's presentation. ) Mr. Ohmstede Price, a City of Beaumont employee, addressed Council to request that vacation and personal leave days not be reduced and asked for more than a 2% salary increase for civilian employees. Mr. Charles Cowles, 1215 Longfellow, a paramedic for the Beaumont Emergency Medical Services, addressed Council to speak in support of a third ambulance for the EMS. Mr. Herman Davis, 790 Amarillo, addressed Council in support of the funding request made by the Southeast Texas Arts Council and expressed his appreciation for the enrichment they bring to the community. There being no other comments, the Public Hearing was closed. -000- Councilman Moore reported that a community meeting is scheduled for Thursday, September 12 , at 7: 00 p.m. at the South Park Methodist Church to discuss some of the growing crime factors and invited Council to hear citizen input and possibly share ideas to combat the problem. Councilman Alter announced there will be three public hearings occurring this week regarding construction of a federal prison and encouraged positive citizen participation and support to secure finalization. Councilman Cokinos questioned why the water tower behind Fire Station No. 6 that was sold at auction three years ago has not been dismantled by the buyer. Staff will investigate and report their findings. Councilman Goodson joined with Councilman Alter in encouraging attendance at a public hearing concerning the prison construction. Mayor Pro Tem Smith thanked everyone for sharing their concerns with Council and invited everyone to "Sunday in the Park, " on September 8, from 2 : 00 - 4: 00 p.m. when Councilman Samuel will read to the children. Mayor Lord echoed thanks to citizens for attending the meeting and encouraged future participation by attending Council meetings, writing letters or calling with their concerns. -000- There being no other business, the meeting was adjourned. -000- -216- September 3, 1991 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 3, 1991. Rosemarie Chiappetta City Clerk -217- September 3 , 1991