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HomeMy WebLinkAboutMIN FEB 23 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 23, 1993 - 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 February, 1993 , with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II David W. Moore Councilman, Ward IV Absent: Audwin Samuel Councilman, Ward III Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Councilman Moore. The Pledge of Allegiance was led by Mayor Pro Tem Alter. -000- A Proclamation declaring February 22-26, 1993 as "National Future Farmers of America Week in Beaumont" was presented to Westbrook High School and Central High School Chapters of FFA. -000- Mayor Lord announced that City Clerk Rosemarie Chiappetta has successfully completed the Texas Municipal Clerk's Certification Program and congratulated her for this achievement. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 7 through 10. No one wished to address these subjects. -000- The following Consent Agenda items were considered: -41- February 23, 1993 Approval of the Minutes of the regular City Council session held February 9, 1993; Resolution No. 93-39 appointing Yvonne Osborne, Vice-Chairman of the Reinvestment Zone No. 1 Board of Directors for a term expiring December 31, 1993 ; Bruce Bradford to the Reinvestment Zone No. 1 Board of Directors for a term expiring December 31, 1994; Jayne Eisen, Chairman and Milton Bell, Vice-Chairman of the Zoning Board of Adjustment with terms expiring September 30, 1993 ; John Millington, Chairman and J. Lynn Harden, Vice-Chairman of the Electrical Board of Review with terms expiring April 30, 1994; reappointing David Hornack, Chairman, and Charlie Gibbs, Vice-Chairman of the Convention and Tourism Advisory Committee with terms expiring September 30, 1993 ; Jessica Foy to the Historical Landmark Commission for a term expiring October 31, 1994; Nancy Neild to the Sister City Commission for a term expiring December 31, 1994; and Charles Taylor to the Keep Beaumont Beautiful Commission for a term expiring September 30, 1994 ; Resolution No. 93-40 granting a 25-foot-wide 1.95 acre easement in the Christian Hillebrandt Survey, Abstract 28, to Gulf States Utilities Company to provide electrical service to the City of Beaumont's Constructed Wetland Facility; Resolution No. 93-41 accepting the bid of American Sigma, Inc. in the amount of $10,480. 00 for four (4) automatic wastewater samplers for use by the Water Reclamation Division; Resolution No. 93-42 confirming the appointment of Thomas J. Scofield as Chief of Police for the City of Beaumont; and Resolution No. 93-43 authorizing a contract with Chemtex in the amount of $29, 680. 00 for laboratory testing services of storm water samples (Base bid of $23, 180.00 and $6,500. 00 for supplemental services) for the EPA mandated National Pollutant Discharge Elimination System (NPDES) sampling program. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 93-10 authorizing a zone change from GC-MD (General Commercial Multiple-Family Dwelling District) and RS (Residential Single Family Dwelling District) to GC-MD (General Commercial Multiple_Family Dwelling) for a 3-acre tract at the southeast corner of College and Langham Road at the request of Mark Merrill, a local contractor, for development and construction of a major office complex was considered: -42- February 23, 1993 ORDINANCE NO. 93-10 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM GC-MD (GENERAL COMMERCIAL MULTIPLE-FAMILY DWELLING DISTRICT) AND RS (RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT) TO GC-MD (GENERAL COMMERCIAL MULTIPLE-FAMILY DWELLING DISTRICT) ON A THREE ACRE UNDEVELOPED TRACT LOCATED AT THE SOUTHEAST CORNER OF COLLEGE STREET AND LANGHAM ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 93-10 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 93-11 granting a Historical-Cultural Landmark Preservation District Overlay for the former Santa Fe Depot building located at 400 Neches Street (Neches at Crockett) at the request of Michael Matthews was considered: ORDINANCE NO. 93-11 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN H-C (HISTORICAL / CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT) FOR PROPERTY LOCATED AT 400 NECHES AND DESCRIBED AS LOT 1, AND THE EASTERNMOST 22 FT. OF LOT 2, BLOCK 18, VAN WORMER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 93-11 was approved on a motion made by Mayor Pro Tem. Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -43- February 23, 1993 Ordinance No. 93-12 authorizing abandonment of a 20 ' x 200' dedicated general utility easement lying along the rear of Lots 1 and 2, Block 38, Averill Addition (former site of the Beaumont Art Museum) at the request of Dr. Hervy H. Hiner in order to construct a house in the center of the two abutting lots was considered: ORDINANCE NO. 93-12 ENTITLED AN ORDINANCE ABANDONING A 20 ' X 200 ' DEDICATED GENERAL UTILITY EASEMENT LYING ALONG THE REAR OF LOTS 1 & 2, BLOCK 38, AVERILL ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 93-12 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- An Ordinance amending Section 5 of the Code of Ordinances regarding the keeping of fowl within the City limits was considered: ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTIONS 5-4 AND 5-5 OF CHAPTER 5, ARTICLE 1 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, REGULATING THE KEEPING OF FOWL AS A RESIDENTIAL ACCESSORY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilman Cokinos said passage of this ordinance is inappropriate and unnecessary because of existing ordinances that can be modified and said property size restrictions would prejudice low to moderate income families and that the goal of the ordinance is to limit the nuisance caused by fowl, not the number of fowl. Other members of Council echoed some of these same concerns and further expressed concerns regarding regulations for those with varying interest in birds, input from a broader aspect of people who breed, show or have fowl as pets and asked that a Staff member be appointed to confer with these people about their particular interest or problem and asked these citizens to speak to Staff as soon as possible to present their views and to suggest possible solutions to the very real problems occurring such as in Ward III. Mr. Riley instructed citizens to contact Assistant City Manager Sterling Pruitt. General consensus of Council was to defer action on this item in an effort to gather input from citizens and additional information and -44- February 23, 1993 evaluation from Staff. -000- Resolution No. 93-44 readopting the updated Economic Development Element of the Comprehensive Plan by amending Policy 1. 1 "Role of the City, " 1.2 "The City's Commitment, " and Policy 2 . 3 with a commitment to improving the quality of life for residents was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 93-45 readopting the updated Parks and Open Space Element of the Comprehensive Plan with additions and revisions was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- The third and final reading of Ordinance No. 93-13 granting a solid waste collection and transportation service franchise to Western Waste Industries located at 5550 Washington Boulevard was held: ORDINANCE NO. 93-13 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WESTERN WASTE 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. Ordinance No. 93-13 authorizing a solid waste collection and transportation service franchise to Western Waste Industries based on a monthly franchise fee equivalent to 7% of their gross revenues received for service in the previous month with an expiration date of July 27, 1996, to coincide with four existing franchise agreements, was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None Mayor Lord introduced Mr. Randy Donaldson, Terminal Manager, for Western Waste Industries. -000- Resolution No. 93-46 authorizing an amendment to the Texas Department of -45- February 23, 1993 Transportation contract in order to accept an additional $52,136.00 available in Public Transportation Fund (PTF) discretionary monies remaining from prior year's allocation, to be used for operating expenses for the Beaumont Municipal Transit System in FY93, was approved on a motion made by Mayor Pro Tem Alter and seconded by Moore. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Alter Councilman Cokinos Councilman Smith Councilman Moore Abstained: Councilman Goodson -000- Resolution No. 93-47 authorizing submission of an Auto Theft Task Force grant application to the Criminal Justice Division of the Governor's office on behalf of Port Arthur, Jefferson County and the City of Beaumont for establishment of the Southeast Texas Auto Theft Task Force in the amount of $304, 000. 00 was approved on a motion made by Councilman Moore and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Resolution No. 93-48 accepting a bid in the amount of $149,722 .56 from Mustang Tractor & Equipment for reconditioning two (2) 1983 model Caterpillar off-road, 20-cubic yard dump trucks for use by the Solid Waste Landfill Division was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Councilman Goodson thanked Public Works Director Tom Warner and Staff for responding to inquiries asked last week. Mayor Pro Tem Alter congratulated Public Works Director Tom Warner and the Texas Society of Engineers for a wonderful banquet last week at which he gave the welcome on behalf of the City of Beaumont. Mayor Lord said last week was very busy with ribbon cuttings for the opening of several businesses, the Cat Show at the Civic Center for the third year which she said, "has multiplied geometrically in its success, " and brought thousands of dollars to our community through usage of motels, restaurants and other businesses. Councilman Moore extended congratulations to Mr. Cleveland Nisby for his work and progress with the Neighborhood Group at 23rd Street and -46- February 23, 1993 Fleetwood, related an interesting experience last Sunday morning at Saint Andrew's Church with a group discussing issues of the Criminal Justice System with a good interchange of ideas, congratulated Councilman Samuel for receiving the Martin Luther King Humanitarian Award, commented on the recent appointment of the Police Chief and the positive moves he has made by meeting with members of Council and citizens and speaking with a class at Price Elementary School, thereby, sending a very good message of interest to the community, and wished the School Board members much success at their retreat this weekend in trying to find solutions to some of the school problems. -000- Mayor Lord announced that an Executive Session will be conducted following the Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: David Shows v. The City of Beaumont, Gilbert Roy v. The City of Beaumont, Joe Turner et al v. The City of Beaumont, Gwen Gallien v. The City of Beaumont, Raymond Magee v. The City of Beaumont, and Billy Ray Jennings v. The City of Beaumont et al. -000- Mr. and Mrs. Emile Krimmel, 5055 Hayden Road, Mrs. Mary Beth Cloninger, 5525 Clinton, and Mr. Charles Gibbs addressed Council about lot size changes and other concerns in the proposed ordinance to amend Section 5 of the Code of Ordinances regarding the keeping of fowl within the City. Mr. Forrest F. "Ted" Posey, 3695 Edmonds Street, again addressed Council relative to Sunday bus service from 9: 00 a.m. to 3 : 00 or 4: 00 p.m. and thanked Mr. Riley for promoting Tom Scofield ad Police Chief from the ranks. Mrs. Marie Hubbard, 1990 Nora, addressed Council regarding proposed rate charges and service changes by TCI Cablevision and presented Council with a large bottle of pennies collected toward construction of the Imagination Station children's playground at Central Park. Councilman Moore told Mrs. Hubbard that he would be attending a steering committee meeting dealing with cable television regulations and would convey her concerns to that group and report back with their discussion. Mayor Lord informed Mrs. Hubbard that in 1984, the U. S. Congress took away from local government the ability to regulate rates, but last year a bill was passed that restored some authority, effective in the near future. City Attorney Lane Nichols reported he understands that if cable subscribers take no action their rate will not change, but they will -47- February 23, 1993 be extended an opportunity to reduce the numbers of channels to which they subscribe and be charged a lower premium or add channels at an increased premium. The terms "basic" and "extended" cable will be redefined to describe the new service offered March 31, 1993 . Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council regarding Life Resource and Transition Station. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Workshop 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 February 23, 1993. Rosemarie Chiappetta City Clerk -48- February 23, 1993