minutes of regular meeting of the city commission of...

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MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF LUFKIN, TEXAS, HELD ON THE 3RD DAY OF JANUARY, 1989, AT 5:00 P.M . On th 3rd day of J~nuary, 1989 the City Commission oL the Cty of Lufkin, Texas, convened in regular meeting in the Council Chamb~rs o Cty Hall with the following members thereof to wit: Louis A, Bronaugh Mayor Percy Simond, Jr. Comm~ssioner Ward No. 1 Don Boyd Commissioner, Ward No. 2 Danny Roper Comm ssioner 7ard No, 3 Bob Bo ~n Co issioner Ward No. 4 Paul Mayberry Commissioner, Ward No, 6 Harvey Westerhoim City Manager Br an Boudreaux Assistant City Manacer Ron Wesch Public Work~ Director Bob Flournoy City Atto~nev Atha Stokes City Secretary being present, and Jack Gorden Co i~siorier, Ward 5 bein absent when t~e followin bi~sines~ was conducted. 1. Meeting operel with prayer by Rev. Steve Shirley Pastors Central Baptist Church. iayor Bronaugh welcomed visitors present, Boy cout Jeff Frederick wa~ present working on his Citizenship MLrit Badge. 3. APPROVAL OF MINUTES Minutes of regular meeting of December Th, 1988, were approved on ~ motion by Co issioner Paul Mayberry and seconded by Commissioner Bob Bowman. A unanimous affirmative vote wa recorded, 4. PUBLIC HEARING - RODGER BAZELL - TAX CAB LICENSE Mayor Bronaugh opened Public Hearing and recognized Rodger Bazell, Mr. Bazell stated that he wa~: presently working for beauty supply bu mess which involved drving 250 miles per day. Mr. Bazell ~tated that he had driven a taxi cab for three years in Chicago. In response to guestion by Mayor Bronaugh, Mr. Bazell stated that he would probably ~tart with two vehicles and go up to s~ f there s publ½ demand, Mr. Bazell ~tated that he has a co ±ment fro the insurance company to insure the cabs, Mayor Bronaugh closed Public Hearing, 5. ORDINANCE - APPROVED - SECOND READING - REVISED SPEED LIMITS - U. S. HIGHWAY 69 SOUTH Mayor Bronaugh stated that the ne t item for con ideration was Second Reading of Ordinance revisin the speed lImits on U. ~. Highway 69. Motion was made by Commissioner Don Boyd and seconded by Commis— sione~ Danny Roper that OrdThance be approved on Second and Final Reading, A unanimous affirmative vote was recorded. 6. EMS AGREEMENT - RATIFIED - ANGELINA COUNTY Mayor Bronaugh stated that the next Them for consideration was ratification of EMS Agreement wit. Angelina ~ounty, Cit~r ianager We~terholm presented new a reement to the Co i. ion, DATE 1/ /89 PAGE 1

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Page 1: MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF …docushare.cityoflufkin.com/docushare/dscgi/ds.py/Get/File-1523/1-03-89.pdf · primary responsibility is to its own citizens”,

MINUTES OF REGULARMEETING OF THE CITY COMMISSION OF THE CITY OFLUFKIN, TEXAS, HELD ON THE 3RD DAY OF JANUARY, 1989, AT 5:00 P.M

.

On th 3rd day of J~nuary, 1989 the City Commission oL the Cty ofLufkin, Texas, convened in regular meeting in the Council Chamb~rs oCty Hall with the following members thereof to wit:

Louis A, Bronaugh MayorPercy Simond, Jr. Comm~ssioner Ward No. 1Don Boyd Commissioner, Ward No. 2Danny Roper Comm ssioner 7ard No, 3Bob Bo ~n Co issioner Ward No. 4Paul Mayberry Commissioner, Ward No, 6Harvey Westerhoim City ManagerBr an Boudreaux Assistant City ManacerRon Wesch Public Work~ DirectorBob Flournoy City Atto~nevAtha Stokes City Secretary

being present, and

Jack Gorden Co i~siorier, Ward 5

bein absent when t~e followin bi~sines~ was conducted.

1. Meeting operel with prayer by Rev. Steve Shirley PastorsCentral Baptist Church.

iayor Bronaugh welcomed visitors present, Boy cout JeffFrederick wa~ present working on his Citizenship MLrit Badge.

3. APPROVAL OF MINUTES

Minutes of regular meeting of December Th, 1988, were approved on ~motion by Co issioner Paul Mayberry and seconded by CommissionerBob Bowman. A unanimous affirmative vote wa recorded,

4. PUBLIC HEARING - RODGERBAZELL - TAX CAB LICENSE

Mayor Bronaugh opened Public Hearing and recognized Rodger Bazell,Mr. Bazell stated that he wa~: presently working for beauty supplybu mess which involved drving 250 miles per day. Mr. Bazell ~tatedthat he had driven a taxi cab for three years in Chicago.

In response to guestion by Mayor Bronaugh, Mr. Bazell stated that hewould probably ~tart with two vehicles and go up to s~ f there spubl½ demand, Mr. Bazell ~tated that he has a co ±ment fro theinsurance company to insure the cabs,

Mayor Bronaugh closed Public Hearing,

5. ORDINANCE - APPROVED- SECONDREADING - REVISED SPEED LIMITS -

U. S. HIGHWAY 69 SOUTH

Mayor Bronaugh stated that the ne t item for con ideration was Second

Reading of Ordinance revisin the speed lImits on U. ~. Highway 69.

Motion was made by Commissioner Don Boyd and seconded by Commis—sione~ Danny Roper that OrdThance be approved on Second and FinalReading, A unanimous affirmative vote was recorded.

6. EMS AGREEMENT- RATIFIED - ANGELINA COUNTY

Mayor Bronaugh stated that the next Them for consideration was

ratification of EMS Agreement wit. Angelina ~ounty,

Cit~r ianager We~terholm presented new a reement to the Co i. ion,

DATE 1/ /89 PAGE 1

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City Attorney Flournoy tated that the County was oncerned about theprovision in Article I that the City would give priority to Cityresidents, Mr. Flourno~ stated Lat the new agreement has been re-worded to read: “The City agrees to respond to all calls received fromCounty residents, however th Ccunty aknowledges that the CitI ~primary responsibility is to its own citizens”, Mr. Flournoy statedthat the Fire Chief or his designated aent shall have the right todetermine the priority of emerency ambulance services,

Mr. Flournoy stated that this contract has been writ~en for a eriodof nine months to coincide w~’th the City~s f’scal year, If ‘enewed,the Contract will run from September 30th of this year to Septem~ber 30th of the next fiscal year.

Mayor Bronaugh stated that the City has a reed to refund payments toAngelina County residents that have been made la,~t year in ex~ess ofthe $105 base rate,

Mr. Flournoy stated that the numbers will change in Article VII becausethey were based on a 12-month period ($223,000) , The amount for anine-month period would be $167,250. The 90-day negotiatIon timewould remain the same,

Motion was made by Co issoner Bob Bo~man and seconded by CommissionerPaul Mayberry that the EMS Agreement with Angelina County be ratifiedas presented. A unanimous affirmative vote was recorded,

7, NEGOTIATIONS AUTHORIZED - NATIONAL EMPLOYEE BENEFITADMINISTRATORS - PREFERREDPROVIDERS - GROUPHEALTH INSURANCE

Mayor Bronaugh tated that the next item for consideration was au-thori~ing National Employee Benefit Admn’strators (NEBA) to negotiatepreferred providers for group health insurance.

City Manager Westerholm stated that a letter had been received fromJack Littell proposing the ervices o~ Mana ed Healthcare, Inc. tonegotiate with the hospitals for discounted s~rv ces.

City Attorney Flournoy stated that he had checked to see if the Citycould buy these services from Memorial Medical Center without go~ nout for bid~ from some other hospitals and in h’s opinion, the City‘hould go out for bids or contract with NEBA to ‘ecure discounts.

layor Bronaugh recognized E, E, Horn of Managed Healthcare, Inc., whoexplained the services his firm provides,

Motio was made ny Commissioner Paul Mayberry and seconded b Cosioner Danny Roper authorizing the City Manager to go out fo bidsfrom Memorial Med’c1 Center of East Texa. and Woodland Height~Hospital for discounted hospital services, and for bids for a cafete-ria plan, A unanimous affirmative vote was recorded,

8. ORDINANCE - APPROVED - ZONE CHANGE REQUEST - FRED WALKER-

1600 BLOCK LOTUS LANE- RESIDENTIAL LARGE TO RESIDENTIAL LARGE

,

SPECIAL USE (OLD PEOPLE’S HOME

)

Mayor Bronaugh stated that the next item for consideration was zonechange request by Fre Wa .~ er covering property located in the 1600block of Lotus Lane from Residential Large to Residential Large,Spec’al Use (Old People’s Home),

Commissioner Paul Mayberry stated that because he and Dr. Rhodeshad been frThnds for many years he was not oing to particip tein the discussion of this zone change request,

Mayor Bronaugh recognized Dr. B, D, Rhodes who stated t~at he and hi~’son planned to build a home for the active elderly at th’s location,Dr. Rhodes state tiat if the zone chane request is ~pproved,

DATE 1/3/89 PAGE 2

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construction will begin in early spring with the facility being

completed in early fall,

Dr. Rhodes stated tht this faclity will not be a nurs ng home,

Dr. Rhodes stat-d that this will be a single story s~ructure with zll

apartments under one roof,Motion was made by Co iss<oner Don Boyd aid seconded by ComrnisionerDanny Roper that Ordinance be approved on Frst Read’ng,

The following vote was recorded:

Aye: Co issioners Roper, Gorden, Bowman, Boyd, Simorid and Mayor

Bronau h

Con~m’ssioner Paul Mayberry refrained ~rom voting.

Mayor Bronaugh stated that motion carried,

9. ORDINANCE - APPROVED - FIRST READING - ZONE CHANGE REQUEST -

JUDGE DAN JONES/ANGELINA COUNTY - 600-900 BLOCK LOOP 287 -

HEAVY MANUFACTURINGTO HEAVY MANUFACTURING, SPECIAL USE (JUVENILEDETENTION CENTER & EMERGENCYSHELTER

)

Mayor Bronaugh stated that the next Item for consideration ~ a~ ZoneChange ~equest by Judge Dan Jone. of Angelna County covering propertybetween 600-900 block of Loop 287 from Heavy Manufacturing to HavyManufacturing, Special Use (Juvenile Detent on Center & EmergencyShelter

Mayor Bronaugh reco nized Steve Spencer who stated that thIs facilitywill be a place to keep kids who are in trouble wThh the law and needa place to stay for a few days. ~r. Spencer tated the maximum capac-

t~’ ½ ten kids for each facilThy. Immediate plars re for theconstruct on of the juvenile center and the emergency shelter will be aa future project,

At the present time the close~t facility for juvenfies is in Beau.ont,

Motion ~as made by Commissioner Don Boyd and seconded by Co is~ionerPercy Simond that Ordinance be approved on First Reading. A unanimousaffirmative vote was recorded,

10. ORDINANCE - APPROVED- FIRST READING - ZONE CHANGE REQUEST -

JIM BRASSE7SABINE INVESTMENT - SOUTH OF CROWNCOLONY DRIVE -

APARTMENT, SPECIAL USE TO PLANNED UNIT DEVELOPMENT (WITHEXCEPTION OF REQUESTED 15’ SETBACK

)

Mayor Bronaugh stated that the next item for consideration was ZoneChange Reque~t by Jim Brasse of Sabine Investment covering propertylocated south of Crown Colony Drive from Apartment, Special Use toPlanned Unit Development ( i’th exception of re ue~ted 15’ setback)

Mayor Bronaugh recognized Philip Goods in representin Sabine Investment..Mr. Goodwin stated that the zone change was being requested to allowfor a ‘pecifc developmen on Winged Foot Drive. M. Goodwin statedthat th re uest had been approved unanimou~ly by the Plann’ng &Zoning Co lision with the exception of a 15’ setback line which wasre~erred to the Zoning Board of Adjustment & Appeals for a variance,The variance reque~.t was approved unanimously on January 3, 1989.

Motion was made by Commissioner Paul Mayberry and seconded by Commis-sioner Don Boyd that. Ord’nance be approved on First Readin . A man—ious affirmative vote was recorded,

11. FRANCHISE - APPROVED- CHECKERBOARDCAB CO.

DATE 1/3/89 PAGE 3

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layor Bron~ugh stated that the next •tem for consideration wasauthorzaton of franchise for the Theckerboard Cab Co. ihich hadbeen discussed earl’er on the aenda,

Motion was made by Comm~ ioner Percy Simond and seconded by Co i~—sioner Don Boyd that franchise for the Checkerboard Cab Co. be approveas requested, A unanimous affirmative vote was recorded,

12, PARK NAME - APPROVED - GRACE DUNNE RICHARDSON PARK

Mayor Bronaugh stated that the next item for consderation ia~ the

naming of Southview Par]

M>yor Bronaugh recognized Mrs. Rennie Mae Hickman, Chairman of theArea Council of Garden Clubs, Mrs. Hickman ~ated that she wasr~questin that the City Co ission name the park at The old seierplant site the Grace Dunne Richard n Park, ir . H’ckman ½ated thatMrs. Richardson had left $60,000 in her estate for beautifoation ofvarious park sites throughout tie City and drst City Bank who cortro~the estate is anxious to close out the account,

In response to question, Parks and Recreation Director Don Hannabasstated that the reults of a random survey :nd’cated that the publowould like more swimm ng pools. Ir. Hannaba stated that he is cur-rently working with a group that is studying trail development for thepark s’te,

Motion was made by Commissioner Percy Simond and seconded by Commis-sioner Bob Bowman that park located at the old set. er plant site benamed the Grace Dunne Ri~hardson Park. A unanimou~ ~ffirmative votewas recorded,

13. IMPROVEMENTS- APPROVED - WATER POLLUTION CONTROL PLANT

Mayor Bronaugh stated that the ne~t item for consideraton ~asreco endation for certain improvements to the Water Pollution ControlPlanit,

City Manager Westerholm stated that he had received a letter from JimmyGriffith reco ending several additIonal improvements at the WaterPollution Plant — ive of which are needed to improve the operationsof the wastewater plant and one that needs more nvest cation befoany recomm~nd tion can be made and ~ ~. included ~or informationalpurposes.

City Manager Westerholm stated that the money for these improvementsis available in the Bond Fund, which has an unencumbered balance of~145 , 000. 00.

Motion was made by Comm’~sioner Don Boyd and seonded by CommissionerBob Bowman to proceed with the first 5 items for improvement at theWte~ Pollution Control Plant on reco -ndation from Everett Griffth &Associates. A unanmous affIrmative vote was recorded,

14. INTEREST PAYMENTS - ADJUSTED - SCARBROUGHSTREET - CURB & GUTTER

Mayor Bronaugh stated that the next Them for consideration w~ etend—ang Interest payments for one year for urb and gutter on ScarbrouqhStreet,

Commis-ioner Percy Smond stat~d th t in his opinion, receivin abill 5 year~ aTher the work was completed at 9% K a form of harass-ment to the residei~ of Scarbrough Street ~nd he was al ~g theCommission to give consideration to a one year extension on theinterest,

In response to question, City ttorney Flournoy ctated that if thebill is pild 90 days a2ter the work is done no interest is char ed,

DATE 1/3/89 PAGE 4

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Mr. We ch ~tated th~t revised billing was sent out on December 16th,and he had talked wth the City Manager and they agreed that the 90~day period would begin December 16th. Mr. 7eseh sta d that the co~twas less be~ause it had been figurA t contract costs and Coy crewshad done the work cheaper. Ir, Wesch stated tha~ re~idents on other

treets that have been cuThec. and gutte ed have ‘orked out paymentsover a 12 o~ 24 month perlo and some resident~ on fixed income hadpaid out over 36 months.

Motion was made by Commissioner Danny Roper and seconded by Comi.ioner Bob Bo ~man that interest for curb and gutter work on carbrough

Street b ½ 90 days from today (January 3, 1989) with a t~o yearpayment plan. A unanimous a7firmative vote wa~ recorded,

15. ACCEPTANCEOF FUNDS - APPROVED - ELVEN MC ADAMS - SANITARY SEWERLIFT STATION - FOUR SEASONS SUBDIVISION

Mayor Bronaugh stated that the next item for consideration was accep-tance of funds from Elven McAdams in lieu of constructing sanitary~ewer lift station in the Four Seasons ~ubdivis on,

CThy Manager Westerholm ~ta:ed that a letter from Mr. McAdam~ had beenincluded in the Co issioners’ pckets that was self—e’planatory, alongwith a letter of recommendation by Ron Wesch, Public Torks Director,

iotion was made by Commissioner Paul Mayberry and seconded by Commis.oner Don Boyd to accept the contribution of 20,000 from Mr. Elven4cAdams in r~turn for installing an 8—inch gravty sanita~y sewer l~neto the Four Seasons Subdivision, A unanimous affirmative vote wasrecorded.

16. BID - APPROVED- PIPE & MATERIAL - NORTH LUFKIN PROJECT - BIGSTATE UTILITY

Mayor Bronaugh stated that the next item for consideration wa- bidfor pipe and materiaw for North Lufkin.

Motion was made by Co i. ~ioner Don Boyd a ~d secondec by ComrnK. ionerBob Bowman to accept the low bid of Bi State UtJ~tv in the amount o~$14,002.82. A unanimous affirmative vote was recorded.

17. TAX ABATEMENT PROGRAM

Mayor Bronaugh stated that the next item fo discussion was the Ta’Abatement Program.

Co iS, ioner Simond statec that he would like for the City admini ~tra-tio~ to make a reco endation as to how to determine areas for 5-10-1.year abatements. Commissioner S~mond tated that the County and SchoolBoard should have some input as to the length of abatements,

Mayor Bronaugh stnted that he would like to ~ee the Tax Abateme~tProgram discussed in a Workshop.

Co issioner Bowman stated that he would like to see represent Thivesfrom the Chamber of Commerce, School Board and County involved in theWorkshop,

Commissioner Mayberry suggested that the staff review the Tax Abate-ment program used by McKinney, and ma~e recommen ations to the CityCo ission before a workshop date is cet.

18. ZOO ATTENDANCE

City Manager Westerholm stated that Zoo Dire tor Gorden Henley hadinformed him that 194,000 people had visit~d the Zoo in 1988,

19. There being no further business for consideration, meetingadjourned at 7:00 p.m.

DATE 1/3/89 PAGE ~

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L uis A. Bronaugh, Mayo

ATTEST:

Atha Stokes, City Secretary

DATE 1/3/89 PAGE 6