MINUTES OF REGULAR MEETING OF THE CITY COMMISSIONOF THE CITY OF LUFKIN, TEXAS, HELD ON THE

1ST DAY OF SEPTEMBER, 1992AT 5:00 P.M

.

On the 1st day of September,1992 the City Commissionof the City of Lufkin, Texas,convenedin regular meeting in the Council Chamberof City Hall with thefollowing membersthereof,to wit:

Louis A. Bronaugh MayorPercySimond Commissioner,Ward No. 1Don Boyd Commissioner,Ward No. 2Larry Kegler Commissioner,Ward No. 3Bob Bowman Commissioner,Ward No. 4JackGorden Commissioner,Ward No. 5Tucker Weems Commissioner,Ward No. 6

beingpresentwhenthefollowing businesswas transacted.

1. Meetingwas openedwith prayer by Dr. Gary Halbrook, SamaritanCounselingCenter.

2. Mayor Bronaughwelcomedvisitors present.

3. APPROVAL OF MINUTE S

Minutes of Called Meeting of August 12, 1992, and RegularMeeting of August 18,1992, were approvedon a motion by CommissionerDon Boyd and secondedbyCommissionerBob Bowman. A unanimousaffirmative vote wasrecorded.

4. CERTIFICATE OF COMMENDATION-BILLY LEECERTIFICATES OF APPRECIATION-HURRICANE ANDREW

Mayor Bronaugh presenteda Certificate of Commendation to Billy Lee, inrecognition of his unselfish dedication to the citizens of Lufkin by providingnumerouscharitablelocksmith services.

Mayor Bronaugh presented Certificates of Appreciation to the followingindividuals, churchesand organizationswho opened their doors to house theevacuees,contributed an extensive amount of time and/or their property andcontributedlarge amountsof food for the evacueesduring HurricaneAndrew:

SalvationArmy - CaptainPaul WhiteCivic Center- Ruth BrandenburgDenmanAvenue Baptist Church - Rev. CharlesRobertsFirst United MethodistChurch - Rev. JamesMcPhailFirst Baptist Church - Phyllis GambleFirst Assemblyof God Church - Rev, ToddHudnallSeniorCitizensCenter- CarlaHightHarmony Hill Baptist Church - Rev. JohnGreenHerty Baptist Church - Rev. Bill McCallKnights of Columbus- RobertFloresGlad Tidings Assemblyof God Church - Rev. Michael ShieldsFirst PresbyterianChurch- Dr. DeweyBowenFirst Churchof the Nazarene- Rev. Jim BoroughPentecostalCampground- Rev. Harris GraeberProvidenceBaptist Church - Rev. JohnWithemLand O~ Pines - JohnHendersonBolesFoodMarket - David BolesMemorial Medical Center- JackC. Bailey

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WoodlandHeights Hospital - Ron ButlerLufkin IndependentSchoolDistrictJunior High East - Dr. RobertToneyAmericanRedCross - GlendaPhillipsShelterManager - Kenny Stovall

Mayor Bronaugh recognizedCity employeesthat gave of their time to assistwithregistration: Molly Hicks, Maxine Peters,Medallion Poteet,SteveAbraham,DebbieVanceand Barry Vance.

Mayor Bronaugh recognizedmedia personnelthat offered their full support andhelp: KLSB - StuartStanleyandLeeMcClaren

KTRE - TracyCapps,ScottCooper,LeslieHutsonand SteveJackson

KICKS - DawnChristieLufkin Daily News - JackieCasperKSWP - Billy Baldwin and Jim MillerKFOX - JanaStoneKJCS - Norm JohnsonKUEZ - Rob MyersCablecom- WayneNeal

Mayor Bronaughreada letter from the Mayor of the City of Port Arthur expressinggratitudeon behalfof the citizensof Port Arthur for the generoushospitality shownby the peopleof Lufkin during thehurricaneemergency.

5. ORDINANCE - APPROVED - SECOND READING - STREET CLOSING

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LAUREL STREET (IMMEDIATELY EAST OF TIMBERLAND DRIVE) - JIMARNOLD - BROOKSHIRE BROS

.

Mayor Bronaughstatedthat the next item for considerationwasSecondReadingofan Ordinance to vacate a portion of Laurel Street lying immediately East ofTimberlandDrive asrequestedby Jim Arnold on behalfof BrookshireBrothers.

City Manager Maclin statedthat at the requestof CommissionerBoyd at the lastCommissionmeeting, a traffic counthad beenconductedon that portion of LaurelStreetthatwas to be closed.

City PlannerAbrahamstatedthat theCity staff hadconducteda 24-hourtraffic counton Laurel Streetfrom 7:00 a.m.on August 25, 1992 until 7:00 a.m.on August26, 1992to determine:(1) The amount of traffic on Laurel Street; (2) What percentageof thetotal traffic on Laurel Street had Brookshire Bros. as either a destination ordeparturepoint; (3) What percentageof the total traffic could be attributableto theBrookshireBros. constructioncurrently taking place;and, (4) Whatpercentageof thetotal traffic usedLaurel Streetto travel somewhereelse.

Mr. Abraham statedthat there were 625 vehicles crossing the counter closest toTimberland Drive, and 526 vehicles crossingthe counter closestto Everitt Streetwithin the 24-hour period. Mr. Abraham stated that the difference could beattributedto constructionvehicles tripping the counterseveraltimes, and a certainnumberof vehicleshavinga destinationbetweenthe two counters.

In responseto questionby CommissionerBoyd, Mr. Abrahamstatedthat the fairmarketvalue of the streethasbeenprovided to the applicant.

Motion was madeby CommissionerJack Gordenand secondedby CommissionerPercy Simond that Ordinance be approved on Second and Final Reading aspresented.

Thefollowing vote was recorded:Aye - CommissionersGorden,Simond, Weems,Kegler, Bowman

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andMayor Bronaugh

Nay - CommissionerBoyd

Motion carriedby a vote of 6 to 1.

6. ORDINANCE - APPROVED - SECOND READING - ZONE CHANGE

-

COMMERCIAL, SPECIAL USE (CERAMIC SHOP)TO CENTRAL BUSINESS - 115 E

.

LUFKIN AVENUE

Mayor Bronaughstatedthat the next item for considerationwas SecondReadingofan Ordinancefor a Zone Changefrom Commercial,SpecialUse (CeramicShop) toCentral Businesson propertydescribedasLot 17, Block 9, Original Town of Lufkin,andmore commonlyknownas 115 E. Lufkin Avenue,asrequestedby Dixon Abney.

Therewasno oppositionpresent.

Motion wasmadeby CommissionerDon Boyd and secondedby CommissionerBobBowmanthat Ordinancebe approvedon SecondandFinal Readingas presented.Aunanimousaffirmation vote was recorded.

7. APPROPRIATIONS ORDINANCE - APPROVED - SECONDREADING

Mayor Bronaughstatedthat the next item for considerationwasSecondReadingofthe AppropriationsOrdinance.

Motion was madeby CommissionerTuckerWeemsand secondedby CommissionerBob Bowman that Appropriations Ordinancebe approved on Second and FinalReadingas presented.A unanimousaffirmative vote wasrecorded.

8. TAX LEVYING ORDINANCE - APPROVED - SECONDREADING

Mayor Bronaughstatedthat the next item for considerationwasSecondReadingoftheTax Levying Ordinancefor FiscalYear 1992-93.

Motion was madeby CommissionerBob Bowman and secondedby CommissionerTucker Weems that Tax Levying Ordinancebe approved on Second and FinalReadingaspresented.A unanimousaffirmative vote wasrecorded.

9. ORDINANCES - APPROVED - SECOND READING - SANITATION RATEINCREASE - WATER RATE INCREASE (RESIDENTIAL & COMMERCIAL)

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SEWER RATE INCREASE - WATER DEPOSIT FEE INCREASE

Mayor Bronaughstatedthat the next item for considerationwasSecondReadingofOrdinancesincreasing the sanitationrate,water rate (residentialand commercial),the sewerrate,and the waterdepositfee rate.

Motion was madeby CommissionerBob Bowman and secondedby CommissionerTuckerWeemsthat Ordinancesincreasingthe sanitationrate,water rate (residentialand commercial), the sewer rate and the water deposit fee rate be approvedonSecondand Final Reading. A unanimousaffirmative vote wasrecorded.

10. ORDINANCE - APPROVED - FIRST READING - ZONE CHANGE

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RESIDENTIAL LARGE TO RESTRICTIVE PROFESSIONAL OFFICE - DR. RICHARDGALLAS/MARIAN JOAN GALLIS - 3810SOUTH MEDFORD DRIVE

Mayor Bronaughstatedthat the next item for considerationwas First Readingof anOrdinancefor a changeof zoning from ResidentialLarge to RestrictiveProfessionalOffice at 3810 SouthMedford Drive asrequestedby Dr. RichardGallas and MarianJoanGallas.

City ManagerMaclin statedthat this requesthad beenunanimouslyrecommended

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by the Planningand Zoning Commission.

Edith Carlton, 514 Card Drive, appearedin oppositionto the RestrictiveProfessionalOffice Ordinance.

City Planner StephenAbraham stated that Dr. Gallas had appearedbefore thePlanning & Zoning Commissionto requesta ZoneChangefrom ResidentialLargeto Local Business. Dr. Gallas statedthat he would be agreeableto a RPO zoningclassification,however the .570 acretract of land did not meet the minimum lot sizeof one acreand 200 foot minimum streetfrontagerequirementsand an applicationcould not be madeat that time. Dr. Gallas appearedbefore the Zoning Board ofAdjustment & Appeals and receiveda varianceto the one acreminimum lot sizeand 200 foot minimum streetfrontagerequirementsbasedon the fact that no suchregulations existed for non-residentialproperty at the time the property waspurchased,and no contiguousundevelopedproperty was available in order thatthey might comply with thesenew regulations. Mr. Abrahamstatedthat Dr. Gallasis appearingbeforetheCity Commissionto requesta RPO zoningclassification.

Mr. Abrahamstatedthat the RPO zoning classificationis the most restrictivenon-residential zoning classification that complies with the ComprehensivePlansrecommendationthat the long rangeland usagein this areabe ??Commercialfl~ Mr.Abraham state that the RPO district also more closely replicatesthe existing landusagein the vicinity. Mr. Abrahamstatedthat the RPO zoning classification is anattempt to provide the greatestprotectionpossibleto the propertyowners.

In responseto questionby CommissionerSimond,Dr. Gallas statedthat at this pointhe doesnot havea buyer or a developerfor theproperty.

Mr. Abrahamstatedthat the threeprimary usesunder the RPO Ordinanceare: (1)Office, ProfessionalandAdministrative; (2) Clinic, Medical and Dental (No facilitiesfor overnight patients); and, (3) Financial institution without motor bank. Mr.Abraham statedthat under the RPO Ordinance there are five uses that wouldrequire Special Use zoning, and they are (1) Eating establishments(inside serviceonly); (2) Privateclub; (3) Indoor commercialrecreationand entertainment,(4) Daynursery,and (5) Motor bank.

Mayor Bronaugh statedthat there are presently three SpecialUse zones in theimmediateareaof Mrs. Carlton~sresidencethat havebeenvery good neighbors,andhe hopedthat shewould havefaith in the systemthat the RPOwould work aswell.

Motion was madeby CommissionerBob Bowman and secondedby CommissionerPercy Simond that Ordinancebe approved on First Reading as presented.Aunanimousaffirmative vote wasrecorded.

11. ORDINANCE - APPROVED - FIRST READING - D & H CONTRACTINGCOMPANY - WALTER TURNER - SPECIAL USE PERMIT - LIGHTMANUFACTURING - 1813AND 1905 NORTH RAGUET

,

Mayor Bronaughstatedthat the next item for considerationwasFirst Readingof anOrdinancefor a SpecialUse Permit for a salvageyard within a Light Manufacturingzoningdistrict locatedat 1813 and 1905North Raguet.

City ManagerMaclin statedthat this requesthad beenunanimouslyrecommendedby the Planning and Zoning Commissionwith the following conditions: (1) Theoperationof the salvageyard shall not exceedthe arealimitation as shown on theproposedsite plan; (2) All outsideactivity associatedwith the salvageyard shall beconductedonly betweenthe hours of 7:00 a.m.and 10:00 p.m.; and, (3) A solid sightbearingfence shall be erectedto a minimum height of six (6) feet as shown on theproposedsiteplan.

Motion was madeby CommissionerJack Gordenand secondedby Commissioner

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Don Boyd that Ordinancebe approvedon First Readinga presented.A unanimousaffirmative vote wasrecorded.

12. ORDINANCE - TABLED - FIRST READING - ZONE CHANGE

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RESIDENTIAL LARGE TO COMMERCIAL - VIRGINIA HAYS NELSON - FEAGINDRIVE (BETWEEN 1603 AND 1615

)

Mayor Bronaughstatedthat the next item for considerationwas First Readingof anOrdinance for a changeof zoning from Residential Large to Commercial, onapproximately12.56 acresof land locatedon the eastside of FeaginDrive between1603 and 1615 FeaginDrive, asrequestedby Virginia HaysNelson.

City ManagerMaclin statedthat this item had been tabled by the Planning andZoning Commissionuntil September14, 1992 in order that the requestmay beamendedto provide for less intensiveuseof the property andsite planapproval.

Motion was madeby CommissionerPercy Simondand secondedby CommissionerLarry Kegler that Ordinancebe tabled until next meetingof the Commission. Aunanimousaffirmation vote was recorded.

13. AMENDMENT - APPROVED - COMPREHENSIVE ZONING ORDINANCE(ORDINANCE NO. 1146) - OFF-STREET PARKING - CENTRAL BUSINESSZONING DISTRICT

Mayor Bronaughstatedthat the next item for considerationwas an Amendmenttothe ComprehensiveZoning Ordinance(OrdinanceNo. 1146) relating to off-streetparking requirementsin the Central Businesszoning district.

City Planner Abraham stated that basically the Ordinanceconsidersall existingparking arrangementsacceptable,but requiresnew structuresto provide adequateoff-street parking in the ratio currently required. The Ordinancewill only affectstructuresin the CentralBusinessZoning Districts.

Motion was madeby CommissionerBob Bowman and secondedby CommissionerJack Gorden that Amendment to ComprehensiveZoning Ordinance(OrdinanceNo. 1146)be approvedaspresented.A unanimousaffirmative vote wasrecorded.

14. AMENDMENT - APPROVED - COMPREHENSIVE ZONING ORDINANCE

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ORDINANCE NO. 1146 - TEMPORARY USES

Mayor Bronaughstatedthat the next item for consideration wasan Amendmenttothe ComprehensiveZoning Ordinance(OrdinanceNo. 1146) relating to temporaryuses.

City PlannerAbrahamstatedthat the purposeof this Ordinanceis to clarify the rulesunderwhich a “Temporary Use” is allowed. Mr. Abrahamstatedthat the proposedOrdinance places temporary uses that last no more than 10 days under the“ResidentialLarge” zoningdistrict but at the discretionof the Planningand ZoningCommission,and usesthat last more than 10 days would require appropriatezoning.

Motion was madeby CommissionerBob Bowman and secondedby CommissionerJack Gordenthat Amendmentto the ComprehensiveZoning Ordinance(OrdinanceNo. 1146)be approvedaspresented.A unanimousaffirmative vote wasrecorded.

15. AMENDMENT - APPROVED - COMPREHENSIVE ZONING ORDINANCE

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ORDINANCE NO. 1146- “DEVELOPMENT” DEFINED

Mayor Bronaughstatedthat the next item for considerationwas an Amendmenttothe ComprehensiveZoning Ordinance (Ordinance No. 1146) relating to thedefinition of “Development”.

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City Planner Abraham statedthat the purposeof this Ordinanceis to provide amechanismfor the enforcement of the Restrictive Professional Office ZoningDistrict. Mr. Abraham stated that the RPO states that prior to beginning any“development” on a building site, a comprehensivesite plan must be approved.Mr. Abrahamstatedthat currently the ComprehensiveZoning Ordinancedoesnotdefine what constitutesdevelopment.

Mr. Abraham stated that this Ordinance makes clear the intent that noimprovementsof any naturewill be allowed on propertyzonedRPO prior to siteplan approvaland bolstersthe ability to enforceany violation. Mr. Abrahamstatedthat the generalapplicability of this Ordinanceis limited to the RPO district at thistime.

Woody Gann,local developer,waspresentand requestedclarification on the phrase‘‘repealing all ordinancesin conflict herewithand establishingan effective date’’ inthe captionof the proposedOrdinance.

Commissioner Bowman requested that staff underline future changes inOrdinancesto more clearly reflect where the changesare. Mr. Abrahamstatedthathe would makeevery effort to comply with this request.

Motion wasmadeby CommissionerBob Bowman and secondedby CommissionerJack Gorden that Amendment to the ComprehensiveZoning Ordinance(OrdinanceNo. 1146) be approvedaspresented.A unanimousaffirmative vote wasrecorded.

16. RESOLUTION - APPROVED - CONDEMNATION PROCEDURES

Mayor Bronaugh stated that the next item for consideration was Resolutionauthorizing Johnny Frank Medford to make a final offer to land owners onChestnutStreet, and to proceedwith condemnationin the event an equitableresolutioncannotbe reached.

Motion was madeby CommissionerPercy Simondand secondedby CommissionerLarry Kegler that Resolutionbe approvedas presented. A unanimousaffirmativevote wasrecorded.

17. RESOLUTION - APPROVED - TEXAS DEPARTMENT OFTRANSPORTATION - STEP GRANT - 75/25MATCH

Mayor Bronaughstatedthat the next item for considerationwas a Resolutionforcontinuanceof the STEPgrantwith a 75/25%match.

City Manager Maclin statedthat the 25% match by the City may be an in-kindcontribution from existingbudgetedexpenses.

Motion was madeby CommissionerBob Bowman and secondedby CommissionerJack Gordenthat Resolutionbe approvedas presented. A unanimousaffirmativevote wasrecorded.

18. RESOLUTION - APPROVED - HOME APPLICATION - TEXAS DEPARTMENTOF HOUSING AND COMMUNITY AFFAIRS

Mayor Bronaugh stated that the next item for considerationwas a Resolutionauthorizing the submissionof a HOME application to the Texas DepartmentofHousingand Community Affairs.

Code EnforcementOffice KennethWilliams statedthat he will be presentingnine(9) homes for approval at the next Commissionmeetingas recommendedby theNeighborhoodImprovementCommittee. City Manager Maclin stated that this

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grantis for a much larger targetareathanthe previousgrantfor North Lufkin.

In responseto questionby CommissionerGorden,City ManagerMaclin statedthatthe $60,000 cash contribution by the City will not come out of this fiscal year’sbudget.

Motion was made by Commissioner Don Boyd and secondedby CommissionerLarry Kegler that Resolutionbe approvedas presented. A unanimousaffirmativevotewasrecorded.

19a. BID - APPROVED - VIDEO TAPES - POLICE DEPARTMENT - WAL-MART

Mayor Bronaughstatedthat the next item for considerationwas a bid for video tapesto be usedin thePolice Department.

City Manager Maclin statedthat staff recommendationis to award the low bid ofWal-Mart in the amountof $11,340. Chief Collins statedthat the tapeswere beingpaidfor with forfeited and donatedmonies.

Motion wasmadeby CommissionerBob Bowman and secondedby CommissionerJackGordenthat bid of Wal-Mart in the amountof $11,340be acceptedassubmitted.A unanimousaffirmative vote wasrecorded.

19b. BID - APPROVED - CIVIC CENTER - PANEL WALL REPAIR - DIXIE DOOR

Mayor Bronaughstatedthat the next item for considerationwasbid for the repair ofthe panelwall at the Civic Center.

City Manager Maclin statedthat staff recommendationis to award the low bid ofDixie Door in the amountof $18,900.

Motion wasmadeby CommissionerBob Bowman and secondedby CommissionerLarry Kegler that bid of Dixie Door in the amount of $18,900 be acceptedassubmitted. A unanimousaffirmative vote wasrecorded.

19c. BID - APPROVED - WATER POLLUTION CONTROL DEPARTMENT - OFF-ET1 w99 442 m540 442 lSBTSETDISC - JASPEREQUIPMENT CO

.

Mayor Bronaughstatedthat the next item for considerationwasbids for an off-setdisc to be usedin the Water Pollution Control Department.

City Manager Maclin statedthat staff recommendationis to award the low bid ofJasperEquipmentCo. in the amountof $4,545.

Motion was made by Commissioner Don Boyd and secondedby CommissionerPercySimond that bid of JasperEquipmentCo. in the amountof $4,545 be acceptedas submitted. A unanimousaffirmative vote wasrecorded.

19d. BID - APPROVED - WATER & SEWER DEPARTMENT - PIPE ANDMATERIALS - INTERNATIONAL SUPPLY - BELL OAKS SUBDIVISION/FARMROAD 58 PROIECTS

Mayor Bronaughstatedthat the next item for considerationwasbids for pipe andmaterialsfor the Bell OaksSubdivisionandFarm Road 58 projects.

City Manager Maclin stated that staff recommendationis to award the bid ofInternational Supply in the amount of $19,753.81. (The low bid did not includeeverythingthat the specificationsrequired.)

Motion was madeby CommissionerBob Bowman and secondedby CommissionerPercy Simond that bid of International Supply in the amount of $19,753.81be

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acceptedassubmitted. A unanimousaffirmative vote wasrecorded.

19e. BID - APPROVED - STREET DEPARTMENT - CORRUGATED METAL PIPE -

TEXAS STEEL CULVERT COMPANY. INC. - CENTRAILIA AVENUE

Mayor Bronaughstatedthat the next item for considerationwasbids for corrugatedmetal pipe to be usedin theStreetDepartment.

City ManagerMaclin statedthat staff recommendationis to award the low bid ofTexasSteelCulvert Company,Inc. in the amountof $7,814.10.

Motion was made by CommissionerDon Boyd and secondedby CommissionerTucker Weems that bid of Texas Steel Culvert Company, Inc. in the amount of$7,814.10beacceptedassubmitted. A unanimousaffirmative vote was recorded.

20. EXECUTIVE SESSION

Mayor Bronaugh recessedregular sessionat 6:20 p.m. to enter into ExecutiveSession. Regularsessionwas reconvenedat 6:43 p.m. Mayor Bronaughstatedthatthe Commissionhad discussedattorney-clientmattersand real estate.

21. COMMENTS

CommissionerBowman statedthat he was impressedwith the article in SundaysLufkin Daily News regardingthe ConcernedBlack Men of Lufkin, which featuredCity employees:AssistantCity Manager/FinanceDarryl Mayfield, CodeEnforcementOfficer KennethWillliams, and Police OfficersRalph Beanand Mickey Hadnot.

CommissionerGordenstatedthat he would like to commendCity ManagerMaclinand Parks & RecreationDirector Don Hannabasfor their work on the ParksGrantApplication which was awardedfirst placein the State. Mayor Bronaughstatedthathe appreciatedCommissionersKegler andGordentaking the time out of their busyschedulesto attendthis awardsmeetingin Austin with membersof the staff.

City Manager Maclin reminded Commissionersof the First Friday luncheon,September4th at Crown Colony.

22. There being no further businessfor consideration,meeting adjournedat 6:46p.m.

~~ugh-MayLouis A. B

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