HomeMy WebLinkAboutMIN OCT 26 1993 r
REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD OCTOBER 26, 1993 - 1:30 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas,
met in regular session this the 26th day of October, 1993, with the
following present:
HONORABLE: Evelyn M. Lord Mayor
Guy N. Goodson Mayor Pro Tem.
Councilman, Ward II
Andrew P. Cokinos Councilman At Large
Brian R. Alter Councilman At Large
Lulu L. Smith Councilman, Ward I
David W. Moore* Councilman, Ward IV
Absent: John R. Davis Councilman, Ward III
Sterling Pruitt Asst. City Manager
Lane Nichols City Attorney
Rosemarie Chiappetta City Clerk
* Councilman Moore arrived at 1: 36 p.m. during reading of the first
Proclamation.
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The Invocation was given by John Davis, Ridgewood Church of Christ.
The Pledge of Allegiance was led by Councilman Cokinos.
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Three Proclamations were issued: "Texas Association of Landscape
Contractors" recognized as a special volunteer group donating time,
talent and finances in landscaping and maintaining the sign at Rogers
Park by installing an irrigation system, a shrub bed with seasonal
flowers and grass area; "National Telephone Pioneers of America Week, "
November 1-7, 1993 ; and "Law Enforcement Appreciation Day,"" October 30,
1993 .
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Mayor Lord announced that the Executive Session posted for today has
been cancelled.
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Citizen comment was invited on the Consent and Main Agenda Items 6
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through 8. No one wished to address these topics.
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The following Consent Agenda items were considered:
Approval of the Minutes of the regular City Council session held October
19, 1993 ;
Resolution No. 93-264 appointing Frank Almeida to the Convention and
Tourism Advisory Committee for a term expiring September 30, 1995; Sally
Bundy to the Planning Commission for a term expiring July 31, 1995; and
Ruth Naumszik to the Keep Beaumont Beautiful Commission for a term
expiring September 30, 1994;
Resolution No. 93-265 authorizing additional repairs to a Caterpillar
D7H dozer in the amount of $16, 387. 00 by Mustang Tractor and Equipment
Company (original repairs authorized August 27, 1993 for $43, 019.93) ;
Resolution No. 93-266 authorizing one-year contracts for sewer line
repairs materials with International Supply for: 4 11x4" DWV Reducer
Coupling, $1.23 ; 4" Cap PVC Rubber Gasket, $1.24 ; Cast Iron Top Marked
Sewer, $10. 27; 6" Flex Coupling 106-66, $3 . 87; 8" Flex Coupling 106-88,
$5.81; 10" Flex Coupling 106-1010, $7.88 ; 6" Street Ell 22 1/2 Degree,
$3 .21; 6" Street Ell 45 Degree PVC, $3 . 27 ; 6 11x4" Bushing Reducer, $3 .43 ;
8 11x6" Busing Reduces, $10.44 ; Manhole Cover & Ring, $79. 39 ; Manhole
Cover with One Hole, $35.42 ; Plug SDR-35 PVC 411 , $. 92 ; Plug SDR-35 PVC
6111 $1.77 ; 8 11x4" Wye 45 Degree SDR-35, $9 . 50; and 10 11x4" WYE 45 Degree
SDR-35, $27. 22--Coburn Supply for: 6" Cap PVC Rubber Gasket, $2 . 34; 8"
Repair Coupling PVC, $8. 10; 12" Repair Coupling, $23 . 60; 4" Flex
Coupling 106-44, $1.89 ; 4" Street Ell 22 1/2 Degree, $1. 66; 4" Street
Ell 45 Degree PVC, $1. 70; Plug SDR-35 PVC 811, $5. 14 ; 4 11X4" Wye 45 Degree
SDR-35, $3 . 01; and 6 11x4" Wye 45 Degree SDR-35, $6. 79--and Ferguson
Enterprises for: 4" Flex Coupling 156-44, $1. 73 and Manhole Extensions
at $29.82 ; and
Resolution No. 93-267 authorizing execution of a Special Deed without
warranty to Mark Whiteley and Associates, Inc. for property described as
Lot 12 in Block 1 of the Marcus Third Addition.
The Consent Agenda was approved on a motion made by Councilman Cokinos
and seconded by Mayor Pro Tem Goodson.
Question: Ayes: All Nayes: None
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An Ordinance authorizing a zone change for the 2600 block of Long
Avenue, east of 11th Street, described as the rear or east 25 ' x 150 '
west half of Lot 12 , Block 55, Averill Addition from RS (Residential
Single Family Dwelling District) to GC-MD (General Commercial Multiple-
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Family Dwelling District) , to utilize the property for a driveway to
serve a medical clinic at the request of the Beaumont HSC Development
Corporation was considered:
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF BEAUMONT,
TEXAS, AND IN PARTICULAR THE BOUNDARIES OF
THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING
THE ZONING OF PROPERTY PRESENTLY ZONED RS
(RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT)
TO A GC - MD (GENERAL COMMERCIAL MULTIPLE
FAMILY DWELLING DISTRICT) FOR 0. 086 ACRES OF
LAND, MORE OR LESS, BEING THE WEST ONE HALF
OF LOT 12 , BLOCK 55, AVERILL ADDITION TO THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
After discussion revealing citizen calls to Councilmembers regarding
ingress and egress on Long Street, garbage dumpster placement and curb
cuts, the Ordinance was tabled on a motion made by Councilman Smith and
seconded by Councilman Cokinos.
Question: Ayes: All Nayes: None
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Ordinance No. 93-61 amending a specific Use Permit for construction of
miscellaneous professional offices in an area zoned RM-H (Residential
Multiple Family Dwelling-Highest Density District) at Dowlen Road and
Wellington Place at the request of DuPerier Real Estate was considered:
ORDINANCE NO. 93-61
ENTITLED AN ORDINANCE AMENDING A SPECIFIC
USE PERMIT TO ALLOW THE CONSTRUCTION OF
MISCELLANEOUS PROFESSIONAL OFFICES IN AN
AREA ZONED RM - H (RESIDENTIAL MULTIPLE
FAMILY DWELLING-HIGHEST DENSITY DISTRICT)
FOR PROPERTY BEING AN 8. 67 ACRES, MORE OR
LESS, REFERRED TO AS PART OF TRACT 6 OUT OF
TRACT 55, TAX ROLL PLAT SP-1, H. WILLIAMS
SURVEY, ABSTRACT NO. 56, BEAUMONT, JEFFERSON
COUNTY, TEXAS.
Mayor Lord explained she would vote against this item because in
January, City Council made a condition in granting the original Specific
Use Permit that all of the entrances would be off Dowlen Road with no
drive cuts made on Wellington Place and this amendment includes two.
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Ordinance No. 93-61 was approved on a motion made by Councilman Alter
and seconded by Mayor Pro Tem Goodson.
Question: Ayes: Mayor Pro Tem Nayes: Mayor Lord
Goodson
Councilman Cokinos
Councilman Alter
Councilman Smith
Councilman Moore
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Ordinance No. 93-62 amending Chapter 30, Section 30-23 of the Code of
Ordinances to include a "UC" Urban Corridor Overlay District for the
area that extends 200 ' on either side of Martin Luther King Parkway
between I-10 east and Cardinal Drive prohibiting off-premise advertising
signs, mobile signs, moving signs, portable signs and fence signs and
regulate the size, height, lighting, setback and landscaping of signs
was considered:
ORDINANCE NO. 93-62
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO AMEND SECTION 30-23 TO INCLUDE A
"UC" URBAN CORRIDOR OVERLAY DISTRICT AND
THE REGULATIONS THAT WILL APPLY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL.
Councilman Alter expressed opposition to the proposed ordinance, saying
it is ineffective as written and only addresses the Martin Luther King
Parkway area rather than the entire city and that approximately 90% of
the ordinance already exists in Section 30-28 of the City Code. He said
three primary areas are included in the new ordinance: 1) landscaping
requirements around base of signs; 2) maximum signage for general
commercial property; and 3) restriction of outdoor advertising. He
objected strongly to his third point saying if content of the sign is
the problem, it should be regulated, but that restriction of outdoor
advertising would be detrimental to business.
Mayor Pro Tem Goodson said a primary goal and interest of Council is
that the Central Business District and the area along Martin Luther King
Parkway redevelop; but, he does not feel the effect of this ordinance
will enhance as much as it will detract with the amount of grandfathered
signage allowed and because there is no architectural restriction
included, and does not see benefit for the parkway and stated he is
opposed to the ordinance.
Mayor Lord and Councilmen Smith and Moore expressed a desire to keep the
commitment made to the Martin Luther King, Jr. Commission for a proper
memorial to Dr. King saying that they were against adding more
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advertising signs in that area and do not feel they can reject this
ordinance because it doesn't accomplish all that is desired toward
enhancement and beauty of the parkway.
Ordinance No. 93-62 was approved on a motion made by Councilman Smith
and seconded by Councilman Moore.
Question: Ayes: Mayor Lord Nayes: Mayor Pro
Councilman Tem Goodson
Cokinos Councilman
Councilman Smith Alter
Councilman Moore
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An Ordinance abandoning a portion of Texas Avenue from 109 feet north of
Wiess Street north 621 feet through the Grand Pine Courts housing
complex at the request of the Beaumont Housing Authority was considered:
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING TEXAS AVENUE
FROM A POINT 109 FEET NORTH OF WIESS STREET NORTH
621 FEET THROUGH THE GRAND PINE COURTS HOUSING
COMPLEX, TOLIVAR ADDITION, CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
Mayor Lord questioned Councilman Davis ' request for this item to be
placed on the Agenda and since he is absent, asked if anyone could
enlighten Council on the outcome of the meetings held with residents of
the area. Councilman Moore said that he was originally opposed to this
abandonment but, due to the absence of Councilman Davis, he would ask
for deferral of the item for Council to receive further information when
he returns.
The Ordinance was deferred on a motion made by Councilman Moore and
seconded by Councilman Smith.
Question: Ayes: All Nayes: None
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Ordinance No. 93-63 providing for a Gulf States Utilities Company
electric rate reduction of $22 . 5 million for consumption after November
1, 1993 and a $20 million credit to be distributed on customers'
December 19, 1993 bills, an additional $20 million rate reduction for
all bills after September 1, 1994 initiated along with a $2 . 0 million
refund related to settlement of an earlier rate case was considered:
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ORDINANCE NO. 93-63
ENTITLED AN ORDINANCE FINDING, AFTER
REASONABLE NOTICE AND HEARING, THAT THE
EXISTING RATES OF GULF STATES UTILITIES COMPANY
ARE UNREASONABLE; DETERMINING JUST AND
REASONABLE RATES TO BE OBSERVED AND IN FORCE
WITHIN THE CITY; ORDERING RATE REDUCTIONS;
ORDERING A ONE TIME CREDIT TO RATEPAYERS ' BILLS;
FIXING SUCH RATES WHICH SHALL CONSTITUTE THE
LEGAL RATES OF GULF STATES UTILITIES COMPANY
UNTIL CHANGED AS PROVIDED BY THE PUBLIC UTILITY
REGULATORY ACT; PROVIDING FOR THE FILING OF
RATE SCHEDULES AND TARIFFS AND THE APPROVAL
OR MODIFICATION OF SAME; AUTHORIZING THE CITY
MANAGER TO EFFECT IMPLEMENTATION OF
SETTLEMENT OF THIS PROCEEDING AND CERTAIN
OTHER MATTERS WITH GULF STATES UTILITIES
COMPANY; ORDERING THAT THIS ORDINANCE BE
SERVED ON GULF STATES UTILITIES COMPANY;
PRESERVING REGULATORY RIGHTS OF THE CITY;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
REPEAL.
Ordinance No. 93-63 was approved on a motion made by Councilman Smith
and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
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Resolution No. 93-268 authorizing continued participation in the City's
medical insurance program to civilian retirees effective January 1,
1994, at a rate as established from time to time in the Labor Agreements
for Police and Fire retirees (single person, 69% of the $183 . 00 monthly
COBRA rate; single w/one dependent--2 persons, 58% of the 349. 00 monthly
COBRA rate; family--3 or more persons, 54% of the $483 . 00 monthly COBRA
rate) was approved on a motion made by Councilman Alter and seconded by
Councilman Smith.
Question: Ayes: All Nayes: None
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Resolution No. 93-269 authorizing purchase of a three-wheeled multi-
utility tractor from Mustang Tractor and Equipment Company in the amount
of $72,461. 00 for use by the Solid Waste Manage Department, Recycling
Division to move and lift brush and wood into a tub grinder for
composting was approved on a motion made by Mayor Pro Tem Goodson and
seconded by Councilman Alter.
Question: Ayes: All Nayes: None
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Mayor Lord said that Council would suspend from normal procedures before
addressing Item No. 8. She said that the National League of Cities, the
U. S. Conference of Mayors, the National Association of Counties, and
the International City/County Management Association have moved to make
tomorrow, Wednesday, October 27, "National Unfunded Mandate Day. "
Instead of having a press conference tomorrow, Council will be given
opportunity to speak about the problems that unfunded mandates create
for cities. Mayor Lord said an unfunded mandate "is when the federal
government tells us we must do something and does not provide the
funds. . . " She emphasized that Council does not object to mandates for
cleaner air, cleaner land, handicapped accessibility or environmental
protection, but wants the public to be aware of the costs involved in
these mandates. As an example, she explained that at our Landfill, "we
have a clay formation, which is impervious to drainage and over thirty
feet deep. . .and use approximately one cell a month. . .which is about one
acre wide. " She said that Sub-Title D requires that we "excavate and
compact this soil to the depth of two feet more. . .and recompact that
clay and gumbo to put it back down. " Now, a plastic liner installation
is required, which will bring the cost of Landfill treatment "from under
$15, 000 a month to over $125, 000 a month or $1.5 million annually. " She
said they really feel strongly that instead of "specific methods being
mandated to us, that it should be based on a performance, a demonstrated
performance standard because. . .other less expensive and more reliable
methods are available for us here, in this particular area for us to
contain our leachate and protect the quality of ground water. " She said
"the plastic liners will provide little benefit and no additional
protection in our case, but the additional cost will exceed $60, 000 a
month. We can easily demonstrate other means of constructing this
facility at a lower cost with a higher quality of performance than those
specified. . .because of the favorable location of our site. Being
allowed to meet required standards with the best methods available, we
could save from $500, 000 to $750, 000 a year in the development of our
Landfill site. " She added that a survey for the U. S. Conference of
Mayors showed that federal mandates are costing Beaumont over $3 . 5
million per year.
Councilman Smith cited the health care bill that will soon be
considered containing mandates which will greatly impact the City, with
the City's only recourse to fund it through increased property taxes.
Councilman Moore said, " . . .that, as has been discussed in our
Transportation Committee (National League of Cities) meeting, "it is
very clear, and everyone is in 100% agreement, that there can be no
mandates without federal dollars to carry them out. "
Councilman Alter added an example of turning a negative into a
positive. He said that when the federal government reviewed Beaumont's
water source, they decided our water plant needed a slight upgrade. As
a result of two-years ' research by Staff, it was determined that a new
water plant upgrade and equipment would cost as much as $40 million, a
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pipeline about $20 million or a wetlands could be built for $12 . 5
million. He said that in choosing to construct the wetlands, we not
only accomplished the mandate, but we have a future attraction for the
city in tourism and a conservatory for plants and animals. He
complimented City Staff for the development of this plan, but pointed
out that the $12 . 5 million had to be borrowed and will be repaid by
taxpayers.
Mayor Pro Tem Goodson added that "no one opposes the general concept of
improving the environment in reasonable ways, the problem is. . .when
unreasonable standards are brought to bear. " He said consideration
should be given to location of cities and their uniqueness when setting
general standards, and that many municipalities are suffering and
struggling to meet these mandates without financial help.
Councilman Cokinos echoed Mayor Pro Tem Goodson's remarks and said that
"federal mandates certainly are getting out of hand. "
Resolution No. 93-270 endorsing the efforts of the U. S. Conference of
Mayors, the National League of Cities and the Texas Municipal League and
support working with them to fully inform citizens about the impact of
federal mandates; endorsing the first National "Unfunded Mandate Day" on
October 27th, and further resolving that the City of Beaumont will
redouble efforts to inform and work with members of our Congressional
delegation to inform them about the impact of federal mandates and
actions necessary to reduce their burdens on our citizens was approved
on a motion made by Councilman Smith and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
Councilman Smith said we also need to keep aware of the mandates of the
Texas legislature because some of the bills in Austin are almost as far
reaching as the federal mandates.
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Councilman Moore explained that he was a few minutes late for Council
because he was at a press conference of local ministers, who extended an
open invitation to all ministers to join in a week of prayer at Antioch
Church from November 1-5, 1993 , to mobilize their efforts and activities
with the issues that face our community. Also, he said the South Park
Police Sub-Station opened Monday with a lot of traffic, announced there
will not be a Pear Orchard Neighborhood Association meeting this week,
and asked the Water Department to check the water lines at Neches Park,
and invited everyone to attend the South Park Neighborhood Association
meeting Thursday, October 28th, at 6: 30 p.m.
Councilman Alter called attention to "Red Ribbon Week" promoting a drug
free community, said he attended the BISD drug program presented last
night with former U. S. Attorney Bob Wortham where they outlined a very
positive strategy for development of drug awareness education, violence
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education and others areas that might involve children at risk. He said
the year-round school program is being monitored to see if there is a
positive impact on the adolescent drug problem.
Mayor Pro Tem. Goodson thanked Mayor Lord for the opportunity to attend
the Green Acres Parkdale Living Center where he represented her and the
City. He said this was a legislative awareness and appreciation day, and
that Councilman Moore and representative from Senator Parker's office
were also in attendance. Mayor Pro Tem Goodson said they presented a
fine program with an opportunity to learn about their program and
concerns of legislative matters pertaining to senior citizens and
handicapped individuals.
Councilman Smith announced that on November 13th at Riverfront Park, a
115-K Run and Gumbo Cook-off" will be held as a fundraiser for the Garth
House, with 50 to 60 entrants displaying their culinary abilities in
preparing gumbo, and a lot of other entertainment will be provided. She
said another fundraising event is being planned for November 18th, and
that this is a very worthy cause. Since opening two years ago,
Councilman Smith said 800 sexually or physically children have been
interviewed at Garth House. She said Catholic Charities provide some
staff positions and are very helpful, but the Board has to raise funding
for operation, and they need finances to develop a tracking system for
the children and any necessary additional counseling.
Mayor Lord extended Councilman Davis ' apologies for his absence,
commended the "Cattail Marsh" (wetlands) staff who put together a fun
and interesting grand opening and dedication, and extended an invitation
from W. T. Oliver to attend a memorial service at the Golden Triangle
Veteran's Memorial Park on November 11th at 1: 00 p.m. She said this is
the 75th anniversary of the ending of World War I and special tribute
will be paid to seven living World War I veterans and 900 names of
Golden Triangle veterans killed or missing in action will be unveiled at
the ceremony. In addition, Mayor Lord said the United Way Campaign is
not over, and they are still working hard to meet their goal.
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Mr. John Adams, 568 Garland, and Mr. Richard English addressed Council
to complain about increased golf fees for senior citizens at the Tyrrell
Park Henry Homberg Golf Course.
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There being no further business, the Regular Session of City Council was
recessed to reconvene in Workshop Session.
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I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas,
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certify that the above is a true copy of the Minutes of the Regular City
Council Session held October 26, 1993 .
Rosemarie Chiappetta
City Clerk
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