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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. -000- The Invocation was given by John Davis, Ridgewood Church of Christ. The Pledge of Allegiance was led by Councilman Cokinos. -000- 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 . -000- Mayor Lord announced that the Executive Session posted for today has been cancelled. -000- Citizen comment was invited on the Consent and Main Agenda Items 6 -267- October 26, 1993 through 8. 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 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 -000- 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- -268- October 26, 1993 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 -000- 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. -269- October 26, 1993 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 -000- 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 -270- October 26, 1993 i 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 -000- 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 -000- 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: -271- October 26, 1993 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 -000- 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 -000- 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 -272- October 26, 1993 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 -273- October 26, 1993 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. -000- 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 -274- October 26, 1993 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. -000- 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. -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, -275- October 26, 1993 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 -276- October 26, 1993