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HomeMy WebLinkAboutMIN AUG 29 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 29, 1995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 29th day of August, 1995, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At Large Andrew P. Cokinos Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III 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 Reverend James Blackwell, South Park Baptist Church. The Pledge of Allegiance was led by Dan Wallach, a reporter for the Beaumont Enterprise. -000- Mayor Moore commented about the donations from citizens of Beaumont to the families of victims of the Oklahoma City bombing and announced that an on-going recognition has been initiated by Mr. Gene Bush and Councilman Andrew Cokinos. A tree representing a living memorial has been planted and a plaque will be placed at Riverfront Park that says, "In memory of the Oklahoma City Bombing Victims, 1995." Mayor Moore thanked Mr. Bush and Councilman Cokinos for taking leadership in this recognition and invited their comments. Mr. Bush said the community as a whole wanted a memorial in Riverfront Park for the victims of the Oklahoma City bombing and their families, not only to express their sympathy, but because they are cognizant that this tragedy could have happened in any community, even in Beaumont. 220 August 29, 1995 Mayor Moore announced that an executive session will be conducted following the workshop session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: The City of Beaumont v. W/S Partnership, a General Partnership et al. -000- Citizen comment was invited on the Consent and Main Agenda Items 1 through 5. 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 August 22, 1995; Resolution No. 95-213 reappointing Robert Pollard and appointing Rosa Pitre to the Beaumont Housing Authority Commission for terms expiring February 28, 1997; Resolution No. 95-214 authorizing Change Order No. 1 in the amount of$12,359.00 for structural repairs to roof rafters and final payment in the amount of$8,110.00 to Diversified Coating, Ltd. for the repair and painting of a 5,000,000 Gallon Ground Storage Steel Reservoir at Loeb; Resolution No. 95-215 authorizing a License Agreement with Norman Highway Constructors, Inc. to occupy part of Lots 8 through 13, Block 1 of the Calder Highlands Addition for a temporary construction office site at $75.00 per month during construction of the West Lucas Drive Project; Resolution No. 95-216 stating that the City of Beaumont has no objection to the Texas Department of Transportation executing a Quitclaim Deed for a 1.0 acre materials easement out of the W. B. Dyches Survey, Abstract 17 to the appropriate fee owners of the property; Resolution No. 95-217 authorizing acquisition of Parcel 34: 0.029 of an acre out of the C. Williams Survey, Abstract 59 (8395 Pevitot Road) from Mr. and Mrs. Billy Wayne Taylor for the appraised value of $1,505.00; Parcel 49: 0.358 of an acre out of Lots 14 and 15, Block 2 of Wescalder Fig Acres Addition from Mrs. Pauline Nuchia for the appraised value (minus improvements retained) of$11,191.00; and Parcel 55: 0.512 of an acre out of Lots 9 and 10, Block 1 of Wescalder Fig Acres Addition from Mr. Tipton L. Golias for the appraised value of$11,200.00 for improvements to FM364/Major Drive from Highway 105 to State Highway 124; Resolution No. 95-218 authorizing a Pipeline License Agreement with Anadarko Petroleum Corporation to install a four(4) inch pipeline for the purpose of transporting natural gas within the city limits; 221 August 29, 1995 Resolution No. 95-219 approving the appointment of Dean J. Johnson as Assistant City Attorney to serve as the police legal advisor on a full time basis at a base salary of$54,000 per year; and Resolution No. 95-220 waiving the penalty and interest on tax accounts pursuant to Section 33.011 of the Texas Property Code as each taxpayer's failure to pay was caused by a billing error or similar mistake to Account Numbers 012900-002700 in the amount of$3.19; 700000-395390 in the amount of $111.82; 037760-00900 in the amount of $45.70; and 300056-020900 in the amount of$13.99. The Consent Agenda was approved on a motion made Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- City Attorney Lane Nichols introduced Mr. Dean Johnson, who will serve as a member of the Legal Department, but office in the Police Department as a legal advisor. He said establishment of this position has been a desire of the City Manager, the City Attorney's office and the Police Chief for the past few years. Mr. Nichols said he is appreciative of Mr. Johnson's acceptance of this office and looks forward to working with him and said that when questions or concerns arise that relate to legal aspects of the Police Department, Mr. Johnson should be contacted. Mayor Moore welcomed Mr. Johnson to Beaumont and offered him opportunity to comment. Mr. Johnson thanked the Mayor and Council for their vote of approval of his employment, said he talked at length with the City Attorney and met with members of the Police Department to become familiar with the Beaumont Police Department. He said he anticipates a good working relationship with them and thinks institution of this position will be a positive step for the City. -000- Ordinance No. 95-49 amending Chapter 26, Section 26-24 of the Code of Ordinances deleting part of Schedule A and all of Schedule D and replacing it with a new Schedule D to accommodate the altered attendance times for Vincent and Marshall Middle Schools was considered: ORDINANCE NO. 95-49 ENTITLED AN ORDINANCE AMENDING CHAPTER 25, SECTION 26- 24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND SCHEDULES A AND D IN SCHOOL ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. 222 August 29, 1995 Ordinance No. 95-49 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-50 amending Chapter 30, Section 30-21.2 of the Code of Ordinances modifying the Historic-Cultural Landmark Preservation Overlay District regulations was considered: ORDINANCE NO. 95-50 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-21.2 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Ordinance No. 95-50 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-51 abandoning a platted 10' wide street light easement at 6760 Lexington Drive which lies five feet either side of the common side lot lines of Lots 1 and 2, Bramblewood Addition, at the request of Sam C. Parigi, Jr. was considered: ORDINANCE NO. 95-51 ENTITLED AN ORDINANCE ABANDONING A PLATTED TEN (10') FOOT WIDE STREET LIGHT EASEMENT AT 6760 LEXINGTON DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-51 was approved on a motion made by Councilman Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 95-52 authorizing a Specific Use Permit to allow construction of a 250' tall cellular communications transmission tower on a lot at 306 East Alma zoned RS requested by All Texas 223 August 29, 1995 Permits for S.M.R. Systems, Inc, a business affiliate of Southwestern Bell Telephone Company was considered: ORDINANCE NO. 95-52 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A CELLULAR COMMUNICATIONS TRANSMISSION TOWER ON A LOT ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-52 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 95-53 authorizing a Specific Use Permit to allow a family counseling service ("The Family Foundation," an endeavor of Buckner Children's Village) at 2399 North Street at the request of B.N.N., Inc., Wayne Beshears, Vice President, and owner of the property with a recommendation from the Planning Director for construction of an eight (8) foot high solid privacy fence was considered: ORDINANCE NO. 95-53 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FAMILY COUNSELING SERVICE IN AN AREA ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2399 NORTH STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilman Smith questioned location of the curb cut, direction garage faces, adequate parking space, future use and expressed a concern of buying into a potential problem. Ordinance No. 95-53 was approved with modification recommended by the Planning Director that an eight (8)foot high solid privacy fence be constructed along the east property line extending from a point 13.30 feet south of the northeast corner of the house to the property's southeast corner on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: Mayor Moore Nayes: Councilman Smith Mayor Pro Tem Ames Councilman Cokinos Councilman Goodson Councilman Davis Councilman Patterson 224 August 29, 1995 Resolution No. 95-221 authorizing Change Order No. 1 to the contract with Excavators and Constructors, Inc. in the amount of $43391.60 for changes in the construction of the Liberty/Laurel (Phase II) Project that includes replacement of a 10" sanitary sewer main on Oxford Street, elimination of proposed 12"water main on Laurel between Fourth and Third Streets, installation of a 15" storm sewer line on Fifth Street, replacement of an 18" storm sewer line on Sixth Street and removal and replacement of approximately 51 feet of concrete paving on Ewing Street was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-222 authorizing a contract with D & T Contracting, Inc. in the amount of $38,993.00 for the removal and disposal of asbestos materials from the vacant structure at 1105 Broadway (former Saint Therese Hospital) was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None In response to an inquiry from Councilman Goodson, the City Manager said that following the bid process, demolition of the building could begin as soon as November and progress reports will be given to Council. -000- Resolution No. 95-223 authorizing an annual contract with APAC-Texas, Inc. to provide asphaltic concrete to be used by the Public Works Department/Streets and Drainage Division for street repairs at $33.50/ton for asphaltic concrete patch mix, FOB vendor's plant, $23.50/ton for hot mix/hot laid asphaltic concrete, FOB vendor's plant, $26.00/ton for hot mix/hot laid asphaltic concrete, FOB jobsite, Zones 1 through 4, $25.74/ton for hot mix/hot laid asphaltic concrete, FOB vendor's plant, and $28.25/ton for hot mix/cold laid asphaltic concrete, FOB jobsite, Zones 1 through 4, was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-224 authorizing an annual contract with Transit Mix Concrete & Materials Company to provide cement stabilized base at $14.50 per ton for use by the Streets and Drainage Division was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None 225 August 29, 1995 -000- Resolution No. 95-225 authorizing a contract with A-Way Tank Service, Inc. for repainting of the exterior of the 1.5 Million Gallon Elevated Storage Tank located in North Beaumont, South of East Lucas Street in the amount of$68,930.00 was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None Councilman Cokinos questioned status of the water tower near Fire Station 6, and the City Manager reported that it is cost prohibitive to purchase and dismantle the tower and it remains the property of the City -000- Councilman Davis commented that Council experienced a good meeting yesterday with BISD members and said it was his understanding that last week the vote taken on Agenda Item 2 regarding the proposed tax rate increase "was simply a vote to move it to the public hearing." He read last week's Council letter, "Council is requested to record a vote in order to place a proposal to adopt the increased tax rate of .035 per $100 taxable value on the agenda for the September 12, 1995 City Council meeting. Council is then requested to schedule a public hearing on the proposal at the September 5, 1995 City Council meeting." Councilman Davis said he has not determined whether he will support the recommendation, said he thinks it is a sound recommendation, but his understanding was that the vote taken last week was to "bring the process to the public hearing." Councilman Davis stated that he has not supported a tax increase to date, he thinks the budget is the most important matter with which he deals and he has a lot of questions and concerns about the budget that concerns the whole city. Councilman Goodson thanked the City Manager and Staff for working so hard on the Saint Therese project and requested an update on demolition of the LaSalle Hotel. Councilman Smith acknowledged that the discussion with BISD was very good, concerns were expressed about decreasing enrollment in schools in declining neighborhoods and how the September 15th report from State Comptroller John Sharp will adversely affect the schools. She said both bodies agree in principle and philosophy about the schools, but will have to wait for the "purple edicts," said there are traffic problems around Amelia School with cars blocking buses and requested that Traffic Engineer Jim Cline meet with Billy Woodall who heads the Transportation Department for BISD to see if some arrangement can be made to better facilitate the bus traffic to eliminate a dangerous situation for the children. She said another meeting is planned in late September. Mayor Moore said he thought last night's meeting with BISD was an excellent interactive session, said the conversation was to the point in reaching areas of support for both entities, complimented 226 August 29, 1995 all who attended and Councilman Smith for keeping the meetings scheduled. Mayor Moore told the public that Council had made a commitment to hold fifth Tuesday meetings at night, but due to so many issues, public hearings and budget matters a night meeting was prevented this month, but adherence would be made to the night meeting schedule as much as possible with a follow up of the public safety program format as initially planned. Also, Mayor Moore commented that Councilman Davis touched on a subject that he and the City Manager have discussed about the budget and tax increases. He said no one likes tax increases, but those serving on Council for a lengthy time are not surprised that an increase is needed now for debt retirement, not due to different or additional services, and reiterated that he is "not ever in favor of tax increases when we can prevent them." Mayor Moore said he has a concern about heat related affects on city streets. He said he has observed streets buckling this summer in almost every neighborhood throughout the city and questioned the impact of this summer's heat compared to previous years. In addition, Mayor Moore said a great discussion was held at the meeting with BISD about the relationship of the School District, the City and community at large forging together in partnership for the benefit of our youth. -000- Mr. Alan McNeil, 479 Pine Street, addressed Council in appreciation for action taken regarding the former Saint Therese Hospital, said that four blocks from that site is the old Dick Dowling Junior High School building that he fears will reach the same state of dilapidation and suggested that when Council meets with BISD that consideration be given to rehabilitating the building to a usable state, said the children in that neighborhood are at risk with the building in that condition, reminded everyone that September 2nd is the 50th anniversary of VJ Day, asked Council to promote some recognition of the event and said that he has advised Library Director Maureen Gray to fund purchase of books about the World War II era out of the McNeil Trust Fund. Mrs. Roma Roberts, 2063 Cable, addressed Council regarding demolition that began about two weeks ago of a two-story building at 2440 Cable, said demolition has ceased and the building is a hazardous situation for children and questioned the reason for stoppage. Councilman Davis offered to investigate the process, said the City does not begin a demolition operation without finishing the project, and said he would report his findings at the Neighborhood Association meeting. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- 1, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true 227 August 29, 1995 copy of the Minutes of the regular City Council session held August 29, 1995. Rosemarie Chiappetta City Clerk 228 August 29, 1995