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HomeMy WebLinkAboutMIN FEB 01 2000 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE,MAYOR Guy N.Goodson,Mayor Pro Tem Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J.Patterson February 1,2000 Audwin Samuel Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont,Texas,met in a regular session on February 1,2000,at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition- * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Moore called the meeting to order at 1:35 p.m. The Reverend Fred Chambers,Parkdale Assembly of God, gave the invocation. City Manager Stephen J. Bonczek led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson. Also present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions - No presentations were made. *Public Comment: Persons may speak on scheduled agenda items. Citizen comment was invited on the Consent Agenda and Regular Agenda Item 7. Mr. Greg Shepherd, 7880 Stone Circle, Customer Services Manager for Entergy, addressed Council to comment on changes Entergy is making due to passage of Senate Bill 7. Mr. Shepherd stated that Senate Bill 7 brings about deregulation of the electric utility industry. In January Entergy filed a business separation case, and on March 31, there will be rate cases filed. He pointed out that this will not be a traditional rate case. There are issues involving stranded costs and stranded investments; they have not determined what these will be,but they will be relatively small when compared to other Texas utility companies. He stated that Entergy will be broken into four different companies: a retail company; a distribution company; a transmission company; and a generation company,and explained the functions of each. Mr. Shepherd asked Council to urge the attorneys to look at this differently than rate cases of the past. * Consent Agenda Mayor Moore requested that Item C be pulled from the Consent Agenda and voted upon separately. * Approval of the minutes of the regular meeting held January 25, 2000. * Confirmation of committee appointments: No committee appointments. A) Approve a resolution supporting the Life Resource organization and its efforts to apply for, and secure,HOME funds from the Texas Department of Housing and Community Affairs and to concur that their proposed Tenant Based Rental Assistance (TBRA) Program is consistent with the City's Consolidated Plan- Resolution 00-33 B) Approve the acquisition of property for the Concord Road Improvement Project (Parcel 106, 0.035 acre, A. William Survey (2215 Delaware Street), from Elijah W. Bluitt, in the amount of$3,024)- Resolution 00-34 D) Authorize the City Attorney or his designee to file and prosecute a lawsuit (Tim Albanese and Tim Albanese dba Glassworks, Inc.) - Resolution 00-35 Councilmember moved Cokinos to approve the Consent Agenda with the exception of Item C. Mayor Pro Tem Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None C) Approve the acquisition of property in the Joachimi Addition and authorizing the City Manager to execute a deed conveying the property to Statewide Consolidated Community Development Corporation,Inc.for the Neighborhood Revitalization Project(Lot 10,Blk 7,Joachimi Addition(1545 Avenue G) from Gerald Ulmer, in the amount of$2,500) -Resolution 00-36 Mayor Pro Tem Goodson moved to approve Item C of the Consent Agenda. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Abstention: Mayor Moore GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) and a specific use permit to allow an expansion of Life Resource Community Mental Health Center at 2750 S. Eighth Street at Roberts Avenue Councilmember Cokinos moved to approve Ordinance No. 00-11 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 CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED AS RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2750 S. EIGHTH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY and Minutes; February 1,2000;Page 2 Ordinance No. 00-12 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EXPANSION TO A MENTAL HEALTH CENTER LOCATED AT 2750 S. EIGHT STREET, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS Councilmember Ames seconded the motion. MOTION PASSED Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) to A-R (Agricultural-Residential)District for 9,802 acres at 9955 Old Voth Road Councilmember Smith moved to approve Ordinance No. 00-13 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 OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO A-R(AGRICULTURAL-RESIDENTIAL) DISTRICT LOCATED AT 9955 OLD VOTH ROAD IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider a request for a zone change from A-R (Agricultural-Residential) to GC-MD (General Commercial-Multiple Family Dwelling)District for two tracts containing 107 acres along the west side of IH-10 at Brooks Road Mayor Pro Tern Goodson moved to approve Ordinance No.-14 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 OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL RESIDENTIAL)DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT, LOCATED ALONG THE WEST SIDE OF IH-10 AT BROOKS ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider a request for a specific use permit to allow an addition to existing rental warehouses in a GC- MD (General Commercial-Multiple Family Dwelling)District located next to 8161 Eastex Freeway Minutes;February 1,2000;Page 3 Councilmember Smith moved to approve Ordinance No. 00-15 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN ADDITION TO EXISTING RENTAL WAREHOUSES IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED NEXT TO 8161 EASTEX FREEWAY, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider a request for a specific use permit to allow a physician's office in an RCR (Residential Conservation and Revitalization) District at 2343 McFaddin Councilmember Smith moved to approve Ordinance No.00-16 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PHYSICIAN'S OFFICE IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 2343 MCFADDIN,BEAUMONT,TEXAS.Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider a request for a specific use permit to allow professional and business offices in an RCR (Residential Conservation and Revitalization)District at 2165 North Street Councilmember Cokinos moved to approve Ordinance No. 00-17 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PROFESSIONAL AND BUSINESS OFFICES IN AN AREA ZONED RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 2165 NORTH STREET,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 7. Consider a resolution authorizing the intervention of the City of Beaumont in various rate and fuel cases filed and to be filed by Entergy/Gulf States with the Public Utilities Commission of Texas City Attorney Lane Nichols voiced agreement with Mr. Shepherd that this case should be looked at differently. He said that in the past we have been adversarial,but we have been able to negotiate and settle cases. Mr.Nichols reported he told Mr. Shepherd that if he feels the coalition of cities appears to be approaching an issue in an adversarial manner, that he would be glad to visit with him as co- chairman of the steering committee. He stated that this may be the last series of rate cases in which the city will play a major role. Only the wire company that distributes electricity to homes will be regulated in the future. Mr. Nichols recommended we continue to intervene in the rate cases. Minutes;February 1,2000;Page 4 In response to Councilmember Cokinos' query,Mr.Nichols stated that Barbara Day will continue to represent the coalition of cities in the rate cases, and explained that the chief partner of the firm Don Butler retired and two other members have relocated to Austin. He stated that Ms. Day has the experience and background in the Entergy/Gulf States matters for the last seven or eight years and has done an excellent job for the coalition of cities. Councilmember Smith moved to approve Resolution No. 00-37 Authorizing the intervention of the City of Beaumont in cases filed and to be filed by Entergy/Gulf States in the Public Utilities Commission of Texas relating to Senate Bill No. 7 . Councilmember Samuel, seconded the motion. MOTION PASSED. Ayes: Mayor Moore,Councilmembers Smith,Cokinos,Ames,Samuel,and Patterson Noes: None Abstention: Mayor Pro Tern Goodson COMMENTS * Councilmembers comment on various subjects Councilmember Goodson congratulated Life Resource and the Beaumont State Center for their consolidation of services, working through the process with their Transition Implementation Committee,their advisory boards and Don Kelly of Southeast Texas Regional Planning Commission in expediting the merger. Councilmember Goodson explained that his abstention on Item 7 was due to the fact that his law firm is considering a merger with another firm that has worked with Entergy/Gulf States in the past. He said he does not believe they are involved with Item 7,but thought it appropriate to abstain from the vote. Councilmember Patterson announced that the Tyrrell Park Neighborhood Association will hold their meeting next Monday at 7 p.m. at the old Tyrrell Park Elementary School and reminded everyone of the Beaumont Independent School District's Urban Summit that will be held Saturday, February 5. Registration starts at 9:00 a.m., but parents are urged to register before Saturday. The Summit will be held at Central High School, and anyone needing additional information may call the Administration Office at 899-9972. Councilmember Samuel announced that the Charlton Pollard Neighborhood Association meeting will be held Tuesday evening, February 8, and welcomed all to attend. Mayor Moore highlighted events of a very busy week at the annual Conference for Mayors in Washington,D.C. He served as Chair of the Health and Human Services Committee,and their major topic was mental health and mental illness. He reported that there was an extensive presentation, that there is a lot to learn about the topic, and is something the City should perhaps review more extensively. He reported that a significant item discussed at the conference was summer job opportunities for youth as well as after school programs. Mayor Moore highlighted a program to bring dollars into a food bank in which he wants everyone to become involved. We have an opportunity with an outside agency to formulate a statement regarding hunger that would require signing a petition by citizens before the census count commences. If done in a timely manner,independent sources are willing to give a monetary gift to the City to be utilized in a food bank. Mayor Moore said he will Minutes;February 1,2000;Page 5 bring information forward for Council to introduce the opportunity to neighborhood associations. Support will be solicited from schools and possibly have an official petition to sign in the City Clerk's office. He reported that he read to pre-kindergarten students this morning at Our Mother of Mercy School, and the were alert, attentive, and interacting children, and commented that they do "ask the darndest questions," even more challenging than members of the media! Mayor Moore said it was a good day to be with young people. * City Manager's Report-Port Interchange Yard Relocation Study, Status of EMS System,Economic Development,Financial Improvement Team(FIT)Meeting,Commission-Term Limits,and Council Strategic Action Plan 2000 The City Manager reported meeting with Port officials on the Port Interchange Study, stated that according to the study,it is feasible to consider relocating the interchange yard,and there is a potential site owned by Union Pacific. The Port will also need to acquire a rail line from Kansas City Southern. The Port has met with Charlton Pollard residents. Mr. Bonczek said he plans to present a formal interim report on EMS at the work session on February 8, and a more detailed report at the March 21 work session. He stated there is an arrangement with private ambulance companies to provide a fifth unit. January response time results will be available for the February 8 work session; the February results will be available for the March 21 work session, and administration is working on two alternatives to add a fifth City unit. Mr. Bonczek reported attending meetings with the Chamber of Commerce to explore different alternatives for a 5013c Non-Profit Beaumont Development Corporation and commented about the need for City financial support for this endeavor. The first meeting of the Financial Improvement Team (FIT) was held with 10 of 14 members in attendance to discuss restructuring fees and fire service fees,and he will present a proposal to Council next week. He commented on six year term limit for members of the Planning Commission,Historic Landmark Commission,and the Zoning Board of Appeals and stated that these individuals are trained, experienced and operating at effective levels. He said the six year term limit costs the City valuable resources, said there is a lack of interested citizens to serve on these boards, and requested Council reconsider the six year limitation. The City Manager stated that the Council Strategic Action Plan 2000 is based on areas of particular interest to Councilmembers and will help administration to prioritize key issues and ensure achievement of desired objectives and reported receipt of the City Manager Assessment program from Georgia State University. * Public Comment(Persons are limited to three (3) minutes) Mr.Jude Paredez,920 Wisteria,addressed Council to request changes in the Police Department. Mr. Paredez asked to submit fragments of an explosive device he said was left on his lawn by the Police SWAT team that detonated under his lawn mower. He stated that a count of all explosives should be made before and after each excursion. Mr.Paredez also spoke in support of a Police Civilian Review Board that would act in cases involving a fatal shooting by a police officer and enacted at this time on an emergency basis. Mayor Moore directed Mr. Paredez to give the fragment to the City Clerk. Ms.Kathryn Lee with Life Resource addressed Council in appreciation for passage of the ordinances requesting a zone change and specific use permit to allow expansion of the Life Resource Community Mental Health Center. Minutes; February 1,2000;Page 6 Mr.Benny Mendoza,5655 South Kenneth,addressed Council to announce an Avenues Neighborhood Association on February 21"to elect officials that reside in the neighborhood. Ms. Toni Prados, 1090 Avenue H, addressed Council to state that incumbent officers live in various communities of the city and one in Nederland. Ms.Prados said a change is needed to take back their community, everyone in the Avenues area may participate in the neighborhood association, and if anyone has questions, they may call her. Mr. Greg Shepherd, 7880 Stone Circle, addressed Council to extend an invitation for everyone to attend the Classic Film Festival at the Jefferson Theater Friday and Saturday that will be sponsored by Main Street. There will be pre-movie activities on Friday evening, said there will be classic films for adults and one especially for children on Saturday. Mr.Adolph Granato addressed Council to state that he does live in Nederland,but owns property and has family that lives in Beaumont, and he was duly elected president of the Avenues Neighborhood Association by their current constitution and by-laws,and he and the other board members will stand by that. Mr.Granato enumerated the types of volunteer efforts that he and other officers are fulfilling for the Avenues neighborhood. The Reverend J.D. Gregory,former pastor the Oak Baptist Church and presently pastoring in another city, addressed Council in support of the Police Department and made statements about officers putting their lives on the line, said an officer should have the right to protect and defend himself and expressed personal views about capital punishment. Mayor Moore stated that all member of Council feel for members of families and the police officer, said there is a procedure in place to give the proper level of assistance for the officer,and the City has a standard operating practice for the protection of everyone. The development of this situation will be monitored. There being no other business, the meeting adjourned at 2:29 p.m. David Moore, Mayor Barbara Liming, City Cler Minutes;February 1,2000;Page 7