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HomeMy WebLinkAboutMIN DEC 07 1999 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Andrew P. Cokinos Guy N. Goodson CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson December 7, 1999 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 December 7, 1999, 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 1:32 p.m. The Reverend Howard Cameron, pastor of Trinity Church, gave the invocation. Senator David Bernsen led the pledge of allegiance. Present at the meeting were: Mayor Moore, Councilmembers Smith, Goodson, 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 proclamations were issued. Mr. David Hitt and Mr. Ben Woodhead, on behalf of Hibernia Bank Trust Department presented a proposal to donate an additional $800,000 from the Miller Trust to build and furnish an additional 2,000 square feet to the R. C. Miller Library. In addition to the construction donation, they presented a check in the amount of$140,236.27 to be used for operating expenses at the library. Library Director, Ms. Maurine Gray expressed appreciation for the donation and said the expansion would allow additional space for the reference collection and new computers and said there will be two tutoring rooms for the literary program. She stated that the Miller Branch Library is the most heavily used library and this addition will increase the total size to about 17,000 square feet. Mrs. Dora Nisby, President of the Library Commission, also thanked Hibernia Bank, said this is a very exciting time, and she is most grateful to the Trust and the Miller Family for their generosity. Mayor Moore expressed gratitude for this extraordinary gift, said he is hopeful use of this library will continue to grow and that use of all other libraries will be accelerated. Councilmembers added appreciative remarks about the Miller Branch Library being a centerpiece of the community, the foresight of Mr. and Mrs. Rudolph C. Miller in building the library, and the Trust Department at Hibernia Bank managing the operating funds. Mayor Moore welcomed Councilmember Samuel to his first meeting as the new representative for Ward III and invited him to comment. Councilmember Samuel stated that a lot has changed since his last term, but a lot of the changes have been for betterment, and said he is pleased to be a part of this Council team. *Public Comment: Persons may speak on scheduled agenda items. Citizen comment was invited on the Consent Agenda and Regular Agenda Items 9-11. State Senator David Bernsen addressed Council in support of Agenda Item No. 9 funding a feasilibility study relating to the navigability of the Sabine Neches Waterway. Mr. Allen Lee, 5095 Maddox, welcomed Councilmember Samuel to Council, commented about Item G adopting a travel policy and Item E approving purchase of a diesel powered truck cab and chassis being items passed without discussion, and questioned benefit of Agenda No. 9 to the average taxpayer. * Consent Agenda Councilmember Goodson questioned if a warranty is included for Agenda Item E, and Public Works Director Tom Warner volunteered to gather the information. Councilmember Goodson requested that the item be pulled from the Consent Agenda and voted upon separately. * Approval of the minutes of the regular meeting held November 23, 1999. * Confirmation of committee appointments - No appointments made A) Approve the nomination of Interim Services, Inc., as an Enterprise Project Pursuant to the Texas Enterprise Zone Act. - Resolution 99-356 B) Accept improvements constructed in Christina Court Subdivision, Phase 1 for City Maintenance - Resolution 99-357 C) Approve the acquisition of properties for the Concord Road Improvement Project(Parcel 67: 3545 and 3555 Concord Road (0.065 of an acre), from Joe Herrera, Jr. and Antonia Martha Herrera, in the amount of$10,200); (Parcel 80: 3680 Concord Road (0.067 of an acre), from Richard Hegele, in the amount of $2,000); (Parcel 85: 3690 Concord Road (0.021 of an acre), from Robert L. and Glenda F. Smith, in the amount of$900) - Resolution 99-358 D) Approve a grant application to the Texas Department of Health to provide Internet connectivity to the Beaumont Public Health Department. (in the amount of $60,000) - Resolution 99-359 F) Approve an annual contract for the purchase of automotive batteries for use by the Fleet Management Division (with Nationwide Batteries of Beaumont, estimated total of$26,620) - Resolution 99-360 G) Approve a travel policy which is applicable to all employees including the City Council for the payment of travel expenses incurred in the performance of their duties outside of Beaumont. - Resolution 99-361 Minutes;December 7,1999;Page 2 Councilmember Smith moved to approve the Consent Agenda with the exception of Item E. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family dwelling) to C-M (Commercial-Manufacturing) for property located at 1550 Langham Road Councilmember Smith moved to approve Ordinance No. 99-91 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 C-M (COMMERCIAL-MANUFACTURING) DISTRICT LOCATED AT 1550 LANGHAM ROAD IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) and RM- H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial Multiple Family Dwelling) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property at the northeast corner of Delaware and the 3000 block of North Dowlen Road Councilmember Cokinos moved to approve Ordinance No. 99-92 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 AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AND GC-MD-2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF DELAWARE AND THE 3000 BLOCK OF N. DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District for property located in the 4200 block of South Major Drive Minutes;December 7, 1999;Page 3 Councilmember Smith moved to approve Ordinance No. 99-93 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING), LOCATED IN THE 4200 BLOCK OF SOUTH MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District or a more restrictive district for property located at 9025-9041 College Street Councilmember Cokinos moved to approve Ordinance No. 99-94 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 9025-9041 COLLEGE STREET (U.S. HWY. 90), BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District or a more restrictive district for property located at 3190 South Eleventh Street An ordinance 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 3190 SOUTH ELEVENTH STREET, BEAUMONT, JEFFERSON COUNTY,TEXAS was introduced. Councilmember Patterson recommended denial of the zone change because the Pearl Orchard Neighborhood Association and Task Force want the area to remain zoned GC-MD and because LI is not in line with the Comprehensive Plan approved for that area. She also stated that citizens in the area object to the change. A lengthy Council discussion included reasons for the change, ability to apply for a specific use permit, the property remaining vacant and not useful, buffer zones, other designations, the 12-month rule for reapplication, types of uses, and the ability of the owner to reapply for another designation. Minutes;December 7, 1999;Page 4 Councilmember Patterson moved to deny the ordinance. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider a request for a specific use permit to allow a wholesale trade non-durable goods business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 850 McFaddin Councilmember Smith moved to approve Ordinance No. 99-95 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WHOLESALE TRADE NON-DURABLE GOOD BUSINESS IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 850 MCFADDIN, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 7. Consider a request for a specific use permit to allow a mortuary in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3522 Washington Boulevard Councilmember Patterson moved to approve Ordinance No. 99-96 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MORTUARY IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 3522 WASHINGTON BOULEVARD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 8. Consider a request for an HC-L (Historical Cultural-Landmark Preservation) Designation for the house at 1695 Milam Councilmember Smith moved to approve Ordinance No. 99-97 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION DESIGNATION)FOR PROPERTY LOCATED AT 1695 MILAM,BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes;December 7, 1999;Page 5 9. Consider funding for a feasibility study relating to the navigability of the Sabine Neches Waterway Councilmember Patterson expressed concern with the amount being too high for Beaumont's participation, questioned other entities' involvement, and the time frame for a financial commitment. Mr. John Brier with the Chamber of Commerce explained the need to take advantage of federal funding while it is available and before it might be reprogrammed. He spoke of the economic advantage for the entire community, Beaumont being a leader, and the unique opportunity for the area. After a lengthy Council discussion that included expressions of support, the range of $300,000 to $500,000 being requested, a possible deadline, revisiting the issue if a smaller amount is approved, and the benefits to the community, Councilmember Patterson concluded that she could support funding in the amount of$300,000. Councilmember Cokinos moved to amend Resolution 99-362 to approve funding in the amount of$300,000 for a feasibility study relating to the navigability of the Sabine Neches Waterway to be paid in the fourth year. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 10. Consider an annual contract for grounds maintenance and litter removal services Councilmember Patterson moved to approve Resolution 99-363 approving a one year contract with the option to renew for one year with Beaumont Products and Services, Inc., in the amount of $9,310 per month for providing grounds maintenance services and litter removal from City facilities and specified areas within the Central Business District. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 11. Consider a one year renewal contract with Carolyn C. Chaney & Associates, Inc., to act as the City of Beaumont's Washington Assistant Councilmember Cokinos questioned employment of a lobbyist and voiced his opinion that the same services could be received by utilizing the staffs of our elected senators and congressmembers. The City Manager explained the services provided by Ms. Chaney, and Councilmembers quoted the various grants and funding received specifically because of the efforts and expertise of Carolyn Chaney and said she not only helps find, but helps the City save money. Minutes;December 7, 1999;Page 6 Councilmember Smith moved to approve Resolution 99-364 approving a one year renewal contract with Carolyn C. Chaney & Associates, Inc. to act as the City of Beaumont's Washington Assistant. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Ames, Samuel, and Patterson Noes: Councilmember Cokinos Councilmember Goodson thanked Mr. Warner for supplying the warranty information on Consent Agenda Item E and made a motion to approve Resolution 99-365 authorizing the purchase of one diesel powered truck cab and chassis equipped with a 10.5 cubic yard concrete mixer body for use in the Public Works Department from Olympic International Trucks, Inc. in the amount of$50,000. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None COMMENTS * Councilmembers comment on various subjects Mayor Moore congratulated American Cab Company for opening their office in downtown Beaumont and commented on cab drivers being ambassadors for the City. * City Manager's Report The City Manager proposed a Work Session for next Tuesday and asked Council for comments on the strategic issues outlined in the preliminary agenda. Mr. Bonczek reported about attending the Mayor's Committee for the Disabled meeting, outlined the City's preliminary process to comply with ADA requirements, and spoke of Mr. Bill Proctor and another volunteer assisting the City with inspections to insure accessibility to City facilities. Mr. Bonczek explained the purposes for the City Manager Evaluation given to Council, requested an Executive Session for January 5 or January 12 to discuss his interim performance, stated that the administration is looking at the Storm Water and Drainage Utilities Fee, restructuring the Street User Fee to bring about more fairness, commented that fees will continue to be reviewed and he will come back to Council with new approaches that may reduce the impact on residential property owners. In response to Councilmember Samuel's queries regarding compliance with ADA guidelines and the possibility of installing powered doors on City Hall, the City Manager stated that recent inspections were made of main facilities, they will be reinspected with members of the Mayor's Committee to determine any changes regarding accessibility, and said powered doors is a good idea to be investigated. * Public Comment (Persons are limited to 3 minutes) Mr. Allen Lee, 5095 Maddox, commended Councilmember Samuel for his concern for the citizens and commented about being in contact with Senator Hutchinson regarding the L.L. Melton YMCA. Minutes;December 7, 1999;Page 7 Mr. Lee also spoke of filing an injunction regarding funds awarded to the L. L. Melton YMCA, a petition to be submitted to the Justice Department to investigate the Beaumont Police Department and the District Attorney's office, contacting Chief Castille of the Texas Rangers to investigate the City's travel policy, lack of progress on Concord Road, and spoke of being commended by the U.S. Attorneys office for his efforts. Mr. Benny Mendoza, 5655 South Kenneth, addressed Council to congratulate Councilmember Samuel for being selected as the new Ward III Councilmember. Ms. Peggy Pierre, 1220 Avenue F, addressed Council in appreciation for their diligence and to congratulate Councilmember Samuel. Ms. Pierre commented about the need for more updated computer systems in libraries, thanked Council for their unanimous vote on the Historic designation, and announced a Block Grant meeting will be held tomorrow at 6:00 p.m. at Fletcher Elementary. Mr. Bonczek thanked Ms. Pierre for reminding everyone about the Block Grant meeting, and announced that other meetings will be held on Wednesday and Thursday at 6:00 p.m. Mr. Henry Strait, 7570 Forrest Park Drive, addressed Council to thank them for approval of a specific use permit and to compliment Nancy Nicholas and Murray Duren of the Planning Department and Boyd Meyer of Building Codes for their assistance with the process. Councilmember Samuel added comments about the Harold Smith Awards presentation at the Sterling Pruitt Center tomorrow, and said these awards are given to young people participating in the athletic programs in honor of Harold Smith, a promising young athlete, tragically killed in an accident. Mayor Moore commented about cheap shots taken at Council at the microphone, stated that the Council's ultimate responsibility is for the good of citizens and will remain the focus of Council, and expressed hopes that the majority of citizens will focus on what is good for Beaumont and assist Council in making Beaumont better. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Defaulted Small Business Loan - Terry Samuel dba TJC Investments There being no other business, the meeting adjourned at 3:29 p.m. David Moore, Mayor Barbara Liming, City Clerk Minutes;December 7, 1999;Page 8