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HomeMy WebLinkAboutMIN JUN 06 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 611995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 6th day of June, 1995, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman, Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman, Ward Guy N. Goodson Councilman, Ward II Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Rev3rend Philip Hodge, Mayor Pro Tem Davis' pastor at Antioch Baptist Church. The Pledge of Allegiance was led by Mayor Pro Tem Davis. -000- One Proclamation was issued: "Management Week," June 4-10, 1995. -000- Mayor Moore announced that an executive session will be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Successful Endeavors, Inc. following the workshop session. 152 June 6, 1995 Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 through 4. No one wished to address these topics. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held May 30, 1995; and Resolution No. 95-152 accepting the donation of a 30-foot-wide easement from the Texas Board of Criminal Justice out of the David Cunningham Survey, Abstract 15, to provide water and sanitary sewer services to the Federal prison site. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- The City Manager told Council that Agenda Item 1 for selection of a Mayor Pro Tempore will be deferred until next week. -000- Ordinance No. 95-37 amending Chapter 9, Section 9-1 of the Code of Ordinances to establish curfew hours for minors under the age of 17 from 12:00 a.m. until 6:00 a.m. on Friday and Saturday was considered: ORDINANCE NO. 95-37 ENTITLED AN ORDINANCE AMENDING CHAPTER 9, SECTION 9-1 OF THE CODE OF ORDINANCES TO CHANGE THE DEFINITION OF CURFEW HOURS FOR MINORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. After a short discussion in support of the amendment, Ordinance No. 95-37 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None 153 June 6, 1995 Ordinance No. 95-38 amending Chapter 2.5, Section 16 and 24 (A) of the Code of Ordinances regarding intrusion and robbery alarms to eliminate the annual renewal fee of $15.00 for permit holders was considered: ORDINANCE NO. 95-38 ENTITLED AN ORDINANCE AMENDING CHAPTER 2 1/2, SECTION 16 AND SECTION 24(A), OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The City Manager explained that after the initial application fee, there will not be an annual fee attached to the required reregistration needed to maintain accurate and current files. A short discussion raised comments from Council concerning failure to adhere to the reregistration form and reinstatement penalty, sensitivity to citizens, and procedures for billing to individuals living in association complexes. Mayor Moore said amending the ordinance proves that Council listens to citizen objections, said he has a hard time justifying application expense for those already owning alarm systems, and voiced his opinion that alarm owners prior to passage of the March 7th alarm regulatory ordinance should not be assessed a registration fee--only new applicants. Ordinance No. 95-38 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: Mayor Pro Tem Nayes: Mayor Moore Davis Councilman Cokinos Councilman Ames Councilman Smith Councilman Goodson Councilman Patterson -000- The first reading of an ordinance to adopt a new franchise agreement with Southwestern Bell Telephone Company in accordance with the settlement of litigation that would allow the City to accept its portion of the settlement fund of$1.6 million was considered: 154 June 6, 1995 ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF BEAUMONT, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. The City Manager explained that the franchise ordinance includes three parts that 1.) provides for the same regulations for use of rights-of way, 2.) instead of 3% of gross receipts compensation paid to the City, a fixed amount for the first year will be $560,000 and will be increased on a basis within the system beginning the second year, and 3.) the term of the franchise shall be for two years as stated in Section 4. He said this is the first of three reading of the ordinance before final passage. The ordinance was passed to its second reading on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Councilman Smith reported that she spent the weekend in Evanston, Wyoming attending the National League of Cities' Human Development Committee meeting discussing the impact Welfare reform will have on cities and family support. She said they are trying to develop policy that will get the attention of Congress in order for there to be City input on distribution of the Block Grant funds. Councilman Smith further stated that we must face the fact that federal funds will come back to the states because of the prohibitive cost for federal government administration, and we need to start with the State Leagues and get them lobbying with the legislature. She said the Human Development Committee also discussed affirmative action and immigration--a key issue for border 155 June 6, 1995 states. She said we need to talk to Congress and State Legislators. Councilman Goodson said he was also out of the town this weekend in Corpus Christi with a Boy Scout troop aboard the aircraft carrier U. S. S. Lexington as part of their stay-aboard program for scout troops. He said he was sorry to have missed the ACORN Neighborhood Association meeting, but received information from Carol Gauthier about their interest in moving forward with a park project and said they have identified prospective sites and will begin working with the Planning and Zoning Division, the Parks Division and the Parks Advisory Commission on the project. Also, Councilman Goodson thanked the Metropolitan Beaumont magazine (Chamber of Commerce publication)for"putting one of our number one citizens, Delia Harrington, on the cover" and said, "if you haven't seen it, it's a great article." Councilman Ames said State Representative Mark Stiles spoke at a the Chamber of Commerce luncheon meeting today touching on some of the subjects of which Councilman Smith spoke, said it was very positive and she learned something about their agenda. She commented that Mobil's Mile on Main run benefiting the Foster Grandparents' Program was fun and very successful and that the Guns and Hoses Team from the Fire Department came out well in the run and the Police Department Team won second place, and said she was sorry to have missed the ACORN meeting because of being out of town. Mayor Pro Tem Davis said he appreciates all the assistance he has received with his past street light requests, but recently has not received responses and asked that Staff be told that this is a critical issue in Ward III because lighting is a deterrent to crime, and often when he submits requests, they are submitted on behalf of elderly residents who make the initial request. He said that Entergy/GSU are very cooperative to install street lighting once City Staff determines the location. Councilman Patterson said she had the privilege of attending the first graduating class of Citizens on Patrol, said it is an exciting program and looks forward to its expansion throughout the city. Mayor Moore added congratulations to the first graduation class of Citizens on Patrol, said it was an excellent program held directly outside City Hall that also provided opportunity to thank contributors to the program that made it a true public/private endeavor, said the Foster Grandparent fundraiser was an overwhelming success and thanked the Mobil community for coming out, said they put together a good open mile run and said the Plant Manager ran twice-- in the Mobile Mile and in the over-forty group, but said the best race of all was for the youngsters from two to four years old who could really run. He said the activities began at 8:00 a.m. and ran until 2:00 p.m. with the winning time for the man's mile set at four minutes and twenty-two seconds, runners from a track team in Houston participated and the winning time was a five minute mile. Mayor Moore encouraged Council to become actively involved with the Texas Municipal League, said it more important than ever, he said legislators in Austin need to know how Beaumont feels about issues, said the money coming from the federal government to the states could have a major 156 June 6, 1995 impact on the conduct of future business for cities, said this is another level of administration that undoubtedly will occur, and we want to be in the forefront proactively discussing the needs of our community. Also, Mayor Moore congratulated New Life Tabernacle Church for celebrating their anniversary, said Councilman Cokinos did a very good job representing Council there on Sunday, and that at Lamar University, a recital was held by young children that provided a fantastic evening for parents, grandparents as well as the children . Councilman Smith admonished Council to look at the legislative issues from the National League of Cities to see "what the hot buttons are." She said we need to get information about these issues to our congressmen, especially Senator Phil Gramm, about the "Taking Bill that would have very serious impact on how we control the growth and development of our cities and the protection of our residential single dwellings." She said at the Human Development meeting, they talked about significant issues such as these and their total impact, said strange things are happening, and invited anyone wishing to hear Representative Mark Stiles to be her guest at the Rotary Club tomorrow. -000- Mr. Harold Haines, 3477 Glenwood, addressed Council to complain about the condition of his street and unsuccessful patching endeavors, said the street has been neglected and asked that permanent rehabilitation be made, said additional lighting is needed in his neighborhood, complained about trash on city rights-of-way and tree limbs covering stop signs. Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to state that street repair programs are a major concern of all neighborhoods, trusts that positive action will be taken, and thanked Council and extended congratulations on the opening of the Sterling R. Pruitt Activity Center at Magnolia Park. Mayor Pro Tem Davis asked Mr. Haines to write down his concerns and submit them to Public Works Director Tom Warner, said it is good for citizens to bring concerns to Council for assistance with problems. Councilman Patterson offered to visit with Mr. Haines about his questions and concerns. Mayor Moore advised Staff that the light at the corner of Chaisson and Virginia needs repair, commented that every action taken towards streets is positive, said there are more streets in need of repair than there is money available, that the program attempts to spread repairs across the entire city so that every neighborhood will benefit from the street user fee and that there have been about 115 miles of street repairs made since initiation of the street user fee. 157 June 6, 1995 There being no other business, the regular session of City Council was recessed to reconvene in workshop session. 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 May 30, 1995. Rosemarie Chiappetta City Clerk 158 June 6, 1995