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HomeMy WebLinkAboutMIN JAN 11 2000 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 January 11,2000 Audwin Samuel Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming,CityClerk The City Council of the City of Beaumont,Texas, met in a regular session on January 11,2000,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 2-4 * Consent Agenda Mayor Moore called the meeting to order at 1:34 p.m. The Reverend Robert Turnage, Victory Temple Assembly of God, gave the invocation. Councilmember Samuel led the pledge of allegiance. Present at the meeting were: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames (arrived at 1:43 p.m.), 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 Items 2 through 4. Ms. Peggy.Pierre, 1220 Avenue F, addressed Council to request clarity regarding Item H ( to provide expanded network and Internet connectivity for the Beaumont Public Library System) on the Consent Agenda. The City Manager explained that this is a grant to expand internet service to libraries that do not now have free internet access to the public and for additional computers. * Consent Agenda * Approval of the minutes of the regular meeting held January 4, 2000. * Confirmation of committee appointments - Eddie Tronser, Beaumont Housing Authority Commission; reappointments - Shirleen Cook, John Goodyear, Marty Roberson, and Lawrence Evans, to the Beaumont Housing Authority Commission, for terms ending February 28, 2001 - Resolution 00-08 A) Approve a contract for the purchase of books, publications, and audio visual materials through the State of Texas Cooperative Purchasing Program for use in Beaumont Public Libraries- Resolution 00-09 B) Authorize the acquisition of property located at the northeast comer of the intersection of Florida and Kenneth Streets for the construction of homes related to the Neighborhood Revitalization Project (Tract 2,Block 25,Iowa Colony Addition,$50,000,from Cardinal Apartments) - Resolution 00-10 C) Approve the purchase of a 21,000 lb. 4-wheel drive articulated loader for use in the Streets and Drainage Division/Public Works (through the H-GAC cooperative program, in the amount of $89,999.89)- Resolution 00-11 D) Approve the purchase of 16 Opticom priority control systems for installation at various intersections (from consolidated Traffic Controls, Inc. in the amount of$19,830)- Resolution 00-12 E) Approve an annual contract for the purchase of air, oil and fuel filters for use by the Fleet Management Division to maintain city-owned vehicles and equipment(with Mott Supply of Kountze, annual expenditure of$18,887.33) - Resolution 00-13 F) Approve the conveyance of properties to Statewide Consolidated Community Development Corporation, Inc., and to Southeast Texas Community Development Corporation, Inc. for the construction of homes related to the Neighborhood Revitalization Project(Lots 7, and 8, Block 10, North Addition(1915 and 1929 Texas Street)to Statewide Consolidated Community Development Corporation, Inc.; and Lot 9, Block 1, D. Carr Addition (1985 Nora Street), to Southeast Texas Community Development Corporation, Inc.)-Resolution 00-14 G) Approve a Surface Use Agreement with Aspect Resources LLC on a portion of the Fourth Street Right of Way(from Cardinal Drive south to the south line of Florida Avenue to access their drilling site, company will pay the City $5,000)- Resolution 00-15 H) Approve a grant application to the Telecommunications Infrastructure Fund Board to provide expanded network and Internet connectivity for the Beaumont Public Library System(in the amount of$140,000)-Resolution 00-16 1) Approve a resolution authorizing the City Manager to execute all documents necessary to apply for continued funding for the Domestic Violence Case Specialist position through the Violence Against Women Act. (approximate total cost$39,000)- Resolution 00-17 CouncilmemberCokinos moved to approve the ConsentAgenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. PUBLIC HEARING: Present the City of Beaumont's Risk Management Plan in compliance with Section 112(r) of the Clean Air Act as administered by the United States Environmental Protection Agency. The City Manager asked for the City Council's approval to conduct a public hearing today on the City's Risk Management Plan, a requirement by the Clean Air Act, administered by the Minutes;January 11,2000;Page 2 Environmental Protection Agency (EPA). Mr. Bonczek explained that water utilities that store at least 2500 pounds of chlorine must prepare these plans and present them to the public for comment, listed the three locations that the City uses to store this substance, commented that the City's consultants Freese and Nichols,assisted by Public Works Director Tom Warner, and Water Division Manager Joe Majdalani will facilitate the hearing, and when the meeting is completed, the Federal Bureau of Investigation will be informed of these locations. Councilmember Smith made a motion to conduct a public meeting to discuss the City of Beaumont's Risk Management Plan. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None The public hearing was opened at 1:42 p.m for comments regarding the City of Beaumont's Risk Management Plan in compliance with Section 112(r)of the Clean Act as administered by the United States Protection Agency. No one from the audience wished to speak. Public Works Director Tom Warner confirmed that the hearing is being held in compliance with EPA regulations and that the purpose is to provide citizens of B eaumont an opportunity to speak and offer any comments they may have. With no one desiring to speak,the public hearing closed at 1:44 p.m. 2. Consider approving a contract for the construction of Beaumont Municipal Transit Dannenbaum Station. Councilmember Smith moved to approve Resolution No. 00-18 authorizing a contract with Neild Construction and Development in the amount of $669,700 for construction of the Dannenbaum Station. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None Public Works Director Tom Warner clarified that each year a DBE percentage is set by Beaumont Municipal Transit and the Federal Transit Authority. Purchases through subcontractors for fuel and parts are applied to that percentage. The percentage of DBE participation in this project will be applied to the total percentage yearly requirement. 3. Consider an amendment to Article H (Solid Waste Disposal), Section 28-23.1 of the Code of Ordinances to delete 28-23.1(b)which reads:Only waste produced and collected within the city limits of the City of Beaumont may be disposed of in the City landfill Councilmember Cokinos moved to approve Ordinance No. 00-06 ENTITLED AN ORDINANCE AMENDING CHAPTER 28,ARTICLE II,SECTION 28-23.1 OF THE CODE OF ORDINANCES OF THE CITY OF Minutes;January 11,2000;Page 3 BEAUMONT TO AMEND THE DISPOSAL OF WASTE;PROVIDING FOR SEVERABILI TY;PROVIDING FOR REPEAL;PROVIDING FOR AN EFFECTIVE DATE;AND PROVIDING FOR A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider amending the last sentence of Article II(Solid Waste Disposal),Section 28-21.4 of the Code of Ordinances to read: During weeks containing observed holidays, collections shall be moved back one day after the holiday necessitating Friday collection Councilmember Goodsonmoved to approve Ordinance 00-07 ENTITLEDAN ORDINANCE AMENDING CHAPTER 28,ARTICLE II,SECTION 28-21.4 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE SOLID WASTE HOLIDAY COLLECTION SCHEDULE,PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY.Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, Samuel, and Patterson Noes: None OTHER BUSINESS: * Presentation and discussion of proposed amendments to the Sexually Oriented Business Ordinance The City Manager introduced a Sexually Oriented Business Ordinance amendment prepared by the Police Chief and staff and the Legal Department staff to address concerns that have been raised by Council and members of the community. He said Council would be asked for their thoughts on the proposed changes, stated the goal is to present an ordinance for final approval within the next two weeks,and said Mr.Nichols will provide a summary of the changes and other administrative staff are available to answer questions. City Attorney Lane Nichols stated that Council had been given a proposed Sexually Oriented Business ordinance to meet Council's request that the existing SOB regulations be reviewed. He has worked with the Police Department to bring into compliance some of the complaints that have been heard after discovery that the original ordinance was tainted by bribes. He thanked Police Legal Advisor Dean Johnson, who worked very closely with Detective Sergeant Ellison, Lieutenant Singletary and Chief Scofield to make the recommended changes and commented that he has provided Council with a highlighted overview of the ordinance changes, shown in Exhibit"A." Mr. Nichols reviewed highlighted amendments that included: Definitions; The Application Process for the Business License; Denial of a License; Fees; Suspension of License; Revocation; Interior Design; Patrons under Eighteen; Spacing Between Entertainers and Patrons; Hours of Operation; Penalty; Notices; Employee Business Records; Signage; and Hearing. After highlighting the amendments, the City Attorney stated that the Chief of Police and staff and Police Legal Advisor Dean Johnson are available to answer any specific questions. In response to Councilmember Cokinos' query regarding cubicles, Mr. Nichols stated that the problem with cubicles has been solved,when defined as a closed-in space that can't be seen. There Minutes;January 11,2000;Page 4 are minimum lighting requirements and a requirement that any area in these facilities in which a patron has a right to be, must be seen from a manager's station. This eliminates any closed off area in which activities may take place that would fall in the realm of what is illegal. Mr. Nichols said there may be three-sided facilities where patrons may go, but each of those facilities may be viewed from some location in the business. In response to Councilmember Samuel's question regarding revocation and the court being referenced, Mr. Nichols replied that this would be the court of competent jurisdiction,which would be in Jefferson County, probably in District Court where they would be obtaining an mandamus to have a license issued or to keep a license. He explained an additional necessary step would be to request a hearing before the hearings examiner officer, which is designated by the City. After that they would have to file in the appropriate court. Councilmember Goodson voiced concerns he has discussed with Mr.Nichols regarding the definition of signs to include considering regulating remote signs, mobile signs and billboards, as well as on- premise signs. He addressed recent signage under discussion and existing signs to be modified and perhaps moved and amortized over a period of years as movement is made on both ordinances. He spoke of grandfathering provisions for non-compliant signs and inquired about the application of the law to this particular ordinance under definitions of the sexually oriented businesses. He questioned if this ordinance will be limited to the interior of the business or if it will include activities that take place in their parking lots and related exterior buildings. He also expressed belief that prominent posting should be stated as thoroughfare, street, roadway, or access road that provides primary entrance and at a place closest to the thoroughfare as possible,not in a far away,unnoticeable place. Councilmember Goodson also spoke about multiple manager's stations being manned continuously by separate managers. Councilmember Patterson commented that Council has been criticized greatly about the ordinance and with respect to the SOB ordinance, and for the record,stated that this is the first SOB-Sexually Oriented Business ordinance that has been put in place. Councilmember Patterson stated that she was the Councilmember that raised the issue initially, after listening to the concerns of the South Park neighbors. All this occurred long before the County enacted their ordinance. The County and the City, according to the City Attorney, had started out working together to put an ordinance in place, but progress ceased somewhere along the line. Talk of another sexually oriented business in the South Park area prompted her to question the City Attorney about the status of the ordinance. At that time, no action was being taken. Shortly thereafter,the County came forth with an ordinance and the City was criticized by several people in reference to not having an SOB ordinance. Council asked the City Attorney to review and research ordinances from other cities that had the same situations in their cities. She spoke of the City Attorney being trained for formulation of an ordinance. Shortly after that, Councilmember Patterson said she met with Mr. Singletary and Mr. Nichols in her office in reference to the ordinance, and her concern was that they take their time and put this ordinance together without violating anyone's constitutional rights,looking at the primary and secondary effects, making sure that whatever ordinance was put in place would hold up in court if it was contested,and make sure it was a good strong ordinance. Contrary to complaints received in recent weeks that the ordinance was rushed, Councilmember Patterson said these were the same people who complained that Council was taking too long with the ordinance. Councilmember Patterson said she believes Council took their time, did a lot of research and study, many discussions were held for several months, and our City Attorney and his staff came up with a good ordinance. She stated that when any ordinance is put in place for the first time, it may need to be refined and revised. Councilmember Patterson stated that SOBS were predominant in the Ward IV area,but Bare Elegance has closed,Hall of Fame applied for a license but never opened,Boudreaux's was closed and torn down,Foxy Lady Minutes;January 11,2000;Page 5 and Peepers are now closed. She said the current ordinance has helped and understands there are portions of the ordinance that needed to be revised. These have been addressed and the revised ordinance has been toughened and enables enforcement of some of the areas better. Councilmember Patterson said the few problems that arose was something that just happened. She thanked the City Attorney and his star and the Police Department for the job they have done. Councilmember Patterson expressed expectations that this ordinance will alleviate some SOB's from coming into the area. She stated they cannot be stopped completely, but it will be more difficult. Councilmember Patterson said she desired to make these statements because she feels Council has been criticized unfairly. The City Attorney stated that Councilmember Goodson made some good suggestions with reference to making sure we're covering ancillary areas near the business that might come as a violation and the idea of off-premises signs will be investigated. He stated there doesn't seem to be any reason why this couldn't be regulated and the notification provision can be implemented quite easily. Mr. Nichols said he thinks that there would be some suggestions from business owners with specific concerns that they might have about provisions of this ordinance that will effect their business more significantly than it needs to solve our problems. He said this ordinance is not cast in stone, it can be fine tuned,and recommended that the Council allow a week to transpire so that persons may digest the ordinance from their point of view and contact his office or a Councilmember. He suggested that perhaps another work session be held and indicated he would like to make a presentation to Council to set the stage for a lawful document and present evidence that shows necessity for such regulations. In response to Mayor Moore's queries regarding the presence of all of the different classifications of business within the City, Chief Scofield reported that we have no adult motels, no nude modeling studios, and no sexual encounter centers. Chief Scofield commended Lane Nichols and Dean Johnson for their work on this ordinance. He said the results of last year caused them to look at what needed to be changed, enhanced, and hopefully, offset any potential problem that may arise. He reviewed the time spent studying the ordinance page by page and spoke of the semi-nude distance regulations being three feet. Chief Scofield said there must be a regulated distance and that it is paramount to have no touching or physical contact. Without a distance rule, it would be up to the police to prove that there is no touching. He emphasized for the record the need for a distance regulation in the ordinance to enable the Police Department to enforce the no-touching rule in the semi-nude cabarets. Chief Scofield a six foot distance for the totally nude is adequate. In response to Councilmember Ames' question regarding the police department being satisfied with the enforceability of the three foot distance demarcation in the semi-nude businesses,Chief Scofield replied that initial discussion included that six-foot should be the distance for nude and semi-nude businesses. He said he feels that three-feet is fair, the main point is that there must be a prescribed distance in order to enforce the no-touching rule. Councilmember Samuel commented that the original ordinance Council adopted "was not a trashy ordinance," but there were concerns that had to be met, and he commended the Police Department and City Staff for coming back with a very strong ordinance. Councilmember Samuel said this ordinance is much stronger than the County's ordinance and all concerns have been addressed. The major concern from police officers was an ordinance that would enable them to enforce the law. Councilmember Samuel commended Councilmember Goodson for doing his homework and finding the areas of concerns that he expressed. Minutes;January 11,2000;Page 6 Mayor Moore questioned Police Department personnel's comfort level with the adequacy of the information in the draft ordinance being enough for them to do their job and asked if there are any other things that Council should be made aware of before discussing this ordinance. Chief Scofield stated that the cubicles are technically still in the ordinance, the barriers such as doors have been removed. He stated that Mr.Johnson believes that total removal of cubicles is not legally enforceable. Chief Scofield said he would like to see cubicles eliminated completely. Open viewing still leaves the door open for future problems. Councilmember Samuel received confirmation that a cubicle in this ordinance is referred to as a three- walled area open to one or more stations, and the previous problem is that partitions were allowed to block viewing into the cubicle. Chief Scofield expressed concern with the vigilance of individuals at the manager's station in monitoring activity in the cubicles. He said an open view will make it easier for the Police Department to see what is going on upon inspection. Chief Scofield stated that eliminating cubicles eliminates potential problems. A cubicles provides potential for illegal or illicit activity to occur. At Councilmember Samuel's continued concern about the definition of cubicle and its place in the new ordinance, the City Attorney stated that cubicle does not exist within the new ordinance. Mr. Nichols said one of the major problems in the current ordinance is that there were areas that could be closed off from view from anyone. It would be like a closet, and that is the kind of cubicle eliminated and does exist in the new proposed ordinance. It is required that any area be visible from a manager's station and, there are regulations regarding the side partitions. Councilmember Samuel told Chief Scofield that he understands that the Police Department's desire to have something that can be enforced and will not lead to potential problems and that the fact that walls can lead to conceivable problems. Councilmember Samuel reiterated his desire to clarify that cubicle as people perceive it does not exist. He wants wants to make sure the language is clear,and that cubicles do not exist in this ordinance. In response to Councilmember Samuel's question to Mr. Nichols why a no-wall policy would be infringing upon a person's rights, the City Attorney stated that he heard that claim today for the first time. He said he has not discussed this matter with Mr. Johnson and is not aware of a case that involves that information. He stated in redrafting this ordinance they dealt with precisely the issue outline by Councilmember Samuel. Mr. Nichols said he would be glad to meet with Dean Johnson to see what cases there are and draft an ordinance that does away with partitions between patron spaces, or something similar. If it is not plausible, Mr. Nichols said he would inform Council. Mayor Moore commented about the challenges this ordinance presents, spoke of the Chief s participation, complete clarification of what is being proposed, an understand of enforcement, and the final outcome to be a lawful and enforceable ordinance. Chief Scofield added that if we do away with what he considers to be cubicles, then the odds of having sexual encounter centers and nude modeling centers,and some of the other classifications not currently found in Beaumont, is decreased, and we would have established a community standard. Councilmember Cokinos'questioned the Chiefof Police's satisfaction with the opening of a partition, screen walls, or anything that separates viewing areas as stated in the ordinance. Chief Scofield commented that he is satisfied,said his main concern is maintaining a space designated by ordinance, and if we could eliminate the semi-private walls or partitions completely, that would be excellent. Chief Scofield said he feels that everything else in the ordinance will give them the tool to do their job. Minutes;January 11,2000;Page 7 Mayor Moore asked Chief Scofield to expound on the term community standards that he referenced in earlier comments. Chief Scofield stated that based on the feedback received throughout the length of the investigation with Boudreaux's and the ordeal with Peepers, the citizens of Beaumont do not want those types of operations within our city. He said. he is not referring to everything in this ordinance, but the types of places that have partitioned off private things and the types of activities that occur in these places are unwanted by the citizens of Beaumont. Phone calls, private conversations, and letters indicate support of the actions taken by the Police Department and this is his feeling and opinion of what the community wants the policing agency to do. In response to Mayor Moore's question regarding a set of community standards, the City Attorney stated that there is a debate regarding this issue. The earliest definitions of obscenity in the Supreme Court made reference to contemporary community standards, which meant that it recognized that some things were more likely to be acceptable in some areas than in other others. However, the statutory definition in the State Penal Code does not make reference to contemporary community standards. So,there is a debate as to exactly how this is handled. In the old days a video would be shown to a jury and then citizens would come in and testify that this is beyond the contemporary standards of the community. It is a little different now, and Mr.Nichols said he is not sure it is used much anymore. Councilmember Samuel questioned if Beaumont being looked at as the "Bible Belt" would be significant when defining the contemporary community standards. Mr. Nichols replied that this is "kind of the way it shakes out." Respective members of the community would view what is going on and testify one way or another regarding acceptability in this community and recognizing that regions are different. Mr.Nichols stated that the problem is that this could indicated that the United States Constitution meant one thing in one community and another thing in another community. Councilmember Samuel commented that this would be a very subjective stance, and Mr. Nichols pointed out that it would also be a changing target and effective for a period of time. Mayor Moore commented on the importance of vague statements being clarified thoroughly today. Further discussion included the possibility of another public hearing,and Mr.Nichols stated that the staff would like to make a presentation to the Council as was done previously concerning the negative secondary effects, property values and like information from our city and other cities. Mr. Nichols told Council he will transfer almost verbatim all information he receives to them. Lieutenant Singletary told Council that the last time he addressed them regarding this topic, he was not prepared. He was concerned about the language that would have to be used, and it was embarrassing to speak to them on this topic. He said that this time he is prepared and requested that if Council has any questions to please ask them. He said that last time there were some unanswered questions and this is the time to insure all questions are answered. Mayor Moore commended Lieutenant Singletary and Sergeant Ellison for the amount of time spent, and asked the City Attorney for a time frame to bring the item back to Council. Mr.Nichols affirmed that he could be ready to place the time on the agenda for January 18. * Progress Report related to the HUD Consolidated Grant Program Minutes;January 11,2000;Page 8 (Mayor Moore, Councilmembers Goodson and Samuel left the Chamber during set up of the presentation at 2:46 p.m. Councilmember Samuel returned at 2:47 p.m.; Councilmember Goodson returned at 2:48 p.m. prior to the presentation.) City Manager Stephen J. Bonczek introduced the HUD Consolidated Grant Program and solicited Council direction and discussion of the process. He said the process has been citizen driven. There have been four neighborhood meetings throughout the community. A needs assessment has been performed by the citizens to improve the quality of life in their neighborhood. He spoke about the role of the Community Development Advisory Committee to present the recommendations. (Mayor Moore returned at 2: 50 p.m.) Grants Administrator Johnny Beatty, with the assistance of his staff, displayed several graphs of information. Mr. Beatty reviewed the posters and information(Exhibit"B") presented to Council. During the previous five years Mr. Beatty said approximately $17 1/s million has been spent on projects that benefited low to moderate income citizens,developers,contractors,bankers,and lending institution. At this point,Mr.Beatty asked Council to allow the CDAC to recommend public service allocation line item dollars and solicited direction on the schedule of events submitted in Exhibit B so the plan may be submitted by March. Councilmember Goodson questioned the amount to be considered, and Mr. Beatty said the amount under consideration for Council approval is$100,000. Further Council discussion included working with bricks and mortary, limiting public service to$100,000,parameters on the applications,uses of the funds, streamlining the process, and leveraging dollars. COM ANTS * Councilmembers comment on various subjects Councilmember Goodson thanked all the members of the Spindletop 2001 celebration for their hard work in publicizing the event. He said we should continue to explore every possibility of media coverage. He said the activities will be numerous and will require a lot of community participation and financial support. Councilmember Goodson applauded the committee for all the hard work they've done. Councilmember Samuel reported a nice 50th wedding anniversary celebration was held for Mr. and Mrs. Benny Mendoza at the Harvest Club and said everyone had a good time. Councilmember Samuel spoke in support of an automated door at City Hall for easy access for those in wheel chairs, spoke of complaints received about the video quality of Council meeting, and about concerns of members of the Lucas Gardens Neighborhood Association to cross to Lucas. Mr.Warnervolunteered to provide an update of the traffic concerns at that area to Council. Councilmember Samuel thanked the City Manager and staff for the quick response he has received regarding questions and concerns. Councilmember Patterson announced that the Pear Orchard Neighborhood Association will meet Tuesday, January 18, at our Mother of Mercy Catholic Church. She also announced that the MLK Parade will be held this Saturday and invited citizens,clubs,groups and churches to participate. The parade will start at the Stadium Center, proceed down Lavaca to the Montagne Center. The speaker will be Congressman Jesse Jackson, Jr. Minutes;January 11,2000;Page 9 Councilmember Samuel added that the Charlton Pollard Neighborhood Association meeting will be held tonight, the Heart of the City Neighborhood Association meeting will meet at McCabe Church, 6:30 p.m. next Tuesday, and the Grand Pine Court Association will meet January 13 at 1:30 p.m. * City Manager's Report-Major/Dowlen/Gladys/HWY. 105 Sign Overlay District, Texas Veterans Homes, and Classification/Compensation Plan i Mr. Bonczek reviewed a meeting with the Planning Commission regarding Sign Overlay District, monument signs, amortization of signs,future billboards, boundaries of the district, possibly a city- wide ordinance and reinstatement of the development review committee. Mr. Bonczek also commented about the City's classification and compensation study,and listed potential members for his Financial Improvement Team. * Public Comment(Persons are limited to three(3)minutes) Mr. Kerwin Stone, 390 Park, addressed Council and a representative for four adult cabaret club owners to complain of overreaction in the proposed amended ordinance. He complained that the changes sweep with too broad a brush and the cabarets should not be with the other sexually oriented businesses. Mr. Stone requested an opportunity for dialogue in a more fair and just ordinance and as least restrictive as possible to achieve the goals the City desires. Mr. Stone cited th e payroll they contribute to the community, the number of employees,and taxes they pay. In the present amended form, Mr. Stone said the ordinance will economically devastate these businesses and requested to be able to submit revisions for consideration. Mr.Mark Williford, 6395 Westgate,addressed Council in opposition to sexually oriented businesses. Mr. Williford cited crime incidents he feels have occurred because of their presence in Beaumont, spoke in behalf of a stronger ordinance, and spoke against Ordinance No. 98-8 and closed cubicles. He also addressed County officials support of a stronger ordinance,past bribes tainting the ordinance, higher fees and renewals, public record of SOB employees, and a stronger ordinance. Ms.Peggy Pierre, 1220 Avenue F, spoke in support of automated doors at all City facilities, said the MLK Parade route take in only about a fourth of MLK,thanked Pam,Randy,and Allen at Lamar for assting students working with the Internet, thanked Johnny Beatty, Richard Chappell, and Linda Semien for their work in the Housing Division. Ms. Pierre requested a definition of CDAC, announced a neighborhood meeting will be held Thursday at Central Emanuel Baptist Church at 7:00 p.m.regarding their neighborhood taking charge and invited Council attendance.Ms.Pierre said they have several SOB's on their streets that are not being addressed. Lieutenant Singletary responded to Mr. Stone that the Police Department does not they feel they are overreacting with a broad stroke. He commented they have had a problem specifically with one business and they are not lumping everybody together,but taking advantage of the review. Areas of the ordinance are being improved upon. Lieutenant Singletary commented that they do not want Council to be blinded by the impressive payroll figures and feel their contribution to the economy entitles them to any greater exemption than any other business or enterprise. He said they are open to conversations,but their investigations at the cabaret industry have found significant violations. He said while they are revisiting the ordinance, they want to improve those areas. Minutes;January 11,2000;Page 10 Mr. Donnie Flippo, pastor of Harvest Time Ministries,4699 Calder,addressed Council to restate crime statistics related to Sexually Oriented Business. He compared Council helping abused women through various programs and taking stands on initial issues protecting women. Mr.Flippo read other statistics about pornography and child molestation,and encouraged looking at the effects upon people not upon economics. Councilmember Patterson stated that in the past several weeks, two or three Councilmembers have made statements about no one from the County or District Attorney's office contacting them,and she was unaware of the reason for their comments. Now,she said she understands that Judge Griffith and Judge Maness were supposed to have had conversations with Council. Councilmember Patterson said she has never received a call from Judge Carl Griffith or anyone from the County regarding the Sexually Oriented Business ordinance. She never received a call from Judge Maness,but was in the room when Mayor Moore received a call and heard a part of the conversation. Regarding the statement,Judge Maness made on television,Councilmember Patterson said she did not hear any of those comments. For the record,Councilmember Patterson said she personally did not receive a call or speak to anyone in reference to the ordinance while it was being drafted or to date. The City Manager announced that Mayor Moore was in New York and on television this morning with investment bankers and Wall Street people opening up the New York Stock Exchange this morning. He said it was exciting to see the Mayor with Wall Street businessmen talking about the City of Beaumont and our 2001 celebration. Mr. Bonczek complimented the Mayor for the national exposure. Mayor Moore thanked everybody for their efforts and work on the project and said we have 364 days to put together one of the greatest years in the city, if it is done well. He said it will take everybody to make this as successful as possible. He spoke about capturing the flavor and true hospitality of Southeast Texas when dignitaries come to our city in the near future. He said the event was exciting, and he had an opportunity to talk about Southeast Texas that maybe he will never have again. He was there with Mr.Ray Seeggmiller,CEO of Cabot Oil&Gas,and Mr. Lanier Yeates, Chairman of the Spindletop Commission. Mayor Moore said the celebration will not be a success unless the citizens of Beaumont and Southeast Texas get behind it. The City's commission met today with a lot of excitement,and encouraged everyone to embrace celebrating the good in our city. There being no other business,the meeting adjourned at 3:35 p.m. David Moore,Mayor Barbara Liming,City Clerk Minutes:January 11.2000.Pape 11 January 06, 2000 Highlights of Changes in Proposed Draft of Sexually Oriented Business Regulations Attached is a draft of a new ordinance regulating sexually oriented businesses. This memorandum will highlight some of the differences between this ordinance and the previous ordinance regulating such businesses. 1. Definitions. A few new definitions have been added when necessary because of amended .regulations and some of the definitions have been added such as a new definition of"sign" because signing regulations have been included within the new ordinance. A new definition for"adult mini-theater"which is a new classification of sexually oriented business in the new ordinance. 2. The application process for the business license. We have expanded the proof required for the certifications on the application related to the type of business organization which will own and operate the sexually oriented business. We are requiring that a separate license be issued for each type of business desired to be operated and that a separate license fee be paid for each designation. We have included distance requirements which are greater than those found in the zoning ordinance which will limit the clustering of sexually oriented businesses and place them further away from schools, dwellings, hospitals, public buildings or parks. 3. Denial of a license. Time limits have been added requiring the city to issue or deny a business license within thirty (30) days of the application and issue or deny the employee license within ten (10) days of the application. 4. Fees. The business license has beE;n incT eased from Two Hundred Fifty Dollars ($250) to Five Hundred ($500) Dollars and a renewal has been increased from One Hundred Fifty Dollars ($150) to Three Hundred Dollars ($300). The fee for an employee license has not been changed. G:%CAROL%NICWMS%MSCULA%SOAOIDCH. l EXHIBIT"A" January 06, 2000 Highlights of Changes in Proposed Draft of Sexually Oriented Business Regulations 5. Suspension of License. The procedure for suspension has been streamlined such that the City Manager's decision upon the recommendation of the City Attorney and the Chief of Police will be effective unless the affected license holder appeals to a hearing officer. We have added a grounds for suspension if the business closes for thirty(30) days. 6. Revocation. The revocation procedure has been amended to remove the City Council from the process. If the city manager determines that revocation is appropriate, the holder of the revoked license may appeal that decision to a hearing officer appointed by the City Manager. The decision of the hearing officer may be appealed to court. 7. Interior Design. Amends the previous ordinance to assure that any area to which a patron might have access will have an unobstructed view from a manager's station and the manager's station must be occupied when the business is open. Requires removal of doors or other coverings from cubicles. 8. Patrons under Eighteen. Strengthens the requirement that the manager is presumed to have allowed patrons under eighteen (18) in the facility unless he asks for identification. 9. Spacing Between Entertainers and Patrons. - Requires a six (6)-foot space between entertainers who are nude and the patrons and perform on a stage that is-a minimum of eighteen (18) inches high. The six (6) foot zone must be marked on the floor around the stage. Additionally, the ordinance makes it clear that such entertainers and patrons shall not touch one another. Once again, it is clarified that there can be no closed areas that are not viewable from a manager's station. c:%CAROLNNICHOLS"SCEUA%.SOIOROCN. 2 January 06, 2000 Highlights of Changes in Proposed Draft of Sexually Oriented Business Regulations 10. Hours of Operation. The ordinance requires that the facilities be closed between 2:00 AM and 8:00 AM on weekdays and Saturdays and between 2:00 AM and Noon on Sundays. The current ordinance allows twenty-four (24) hour operation of adult bookstores. 11. Penalty. In accordance with state law, a violation of this ordinance is made a Class "A" misdemeanor. 12. Notices. Notices are presumed delivered three (3) days after mailing to the address given by the applicant for the license. Notices may also be posted at the entrance of the business. 13. Employee Business Records. The ordinance details more specifically what records must be kept by the business. The city is to provide a form for such records. 14. Signage. The ordinance contains new sign regulations. 15. Hearing. The ordinance allows interested individuals to request a public hearing before a hearing officer concerning the issuance, suspension, or denial of a license for a sexually oriented business. G:\CAROLWICHOLS\HSCELLA\SOSORDCH. 3 CM OF BEAUMONT ECONOMIC DEVELOPMENT CIE"-I I J!_161 INTEROFFICE MEMORANDUM January 6, 2000 TO: Stephen J. Bonczek, City Manager Vz� g FROM: Johnny L.Beatty, Grants Administrator SUBJECT: Five Year Consolidated Plan COMMENTS In accordance with the U.S. Department of Housing and Urban Development's(HUD's) Statutory Requirements,the City of Beaumont must develop a Five Year Consolidated Plan that embraces the concepts of providing decent housing, suitable living environments and expanded economic opportunities for low/moderate income persons. The Consolidated Plan, a bottom-up planning strategy, is driven by a citizen participation plan that ensures that citizens are involved in each stage of the planning process. Citizens must also be afforded the opportunity to comment on and respond to recommendations and issues concerning the Consolidated Plan. To date,the Planning Division has held four public meetings in strategic locations in the City, in order to secure the needs assessments from various neighborhood associations, interested citizens, non-profit organizations,homeless providers, public health care providers, local businesses and the Beaumont Housing Authority. Prior to the budget recommendations, the Planning Division Staff is requesting Council direction regarding the proposed schedule of events, application deadlinetselection criteria and the responsibility of the Community Development Advisory Committee(CDAC). During the City Council meeting on January 18, 2000, the Planning Division Staff will present a preliminary Five Year Consolidated Plan Summary and a One Year Action plan for approval, after which citizens will have 30 days to comment on the Consolidated Plan. EXHIBIT"B" ACTIVITIES ELIGIBLE FOR HUD FUNDS Acquisition Disposition Public Facilities and Improvements Privately-Owned utilities Clearance Public Services Interim Assistance Relocation Loss of Rental Income Removal of Architectural Barriers Housing Rehabilitation New Housing Construction Code Enforcement Historic Preservation Commercial or Industrial Rehabilitation Special Economic Development Special Activities by Subrecipients Planning and Capacity Building Program Administration Costs Other Activities Lour/ od Strateg rea 1 .02 , �a 2 • O• s East Lucas Map Layers Water Area ! s® Block Group r =Census Tract [Census Place 5eaum nt 1 - 10, , f County (High Res) 2 6 µS, Highway 14 Highway Type College s F 17 —I 21 20 S W"hhiybo .B �1 U , 22 • 2.3 24 25 • Other ` 0 1 2 3 �m 26 Miles PROPOSED SCHEDULE FOR ADOPTING THE 2000 HUD CONSOLIDATED GRANT PROGRAM Tuesday, January 11. . . . . . . . . . . . . . . . . . . . . Public Hearing/Council Workshgp_nn the 2000 HUD Consolidated Program;discuss proposed schedule,citizen participation, application deadline,criteria and CDAC role. Tuesday,January 18. . . . . . . . . . . . . . . . . . . . . Public Hearing/Council Workshop to discuss preliminary budget for the 2000 HUD Consolidated Program. Friday,January 21 . . . . . . . . . . . . . . . . . . . . . . Publish a summary of the proposed Consolidated Plan for a 30 day comment period. Tuesday,February 8. . . . . . . . . . . . . . . . . . . . . Public Hearing/Workshop-Council Chambers (Presided by Council); citizen comment on the proposed plan. Thursday,February 10 . . . . . . . . . . . . . . . . . . . Applications for the 2000 Public Service Grants are due by 5:00 p.m. Friday,February 18. . . . . . . . . . . . . . . . . . . . . Submit Public Service Grant applications to Council for review. Tuesday, February 29 . . . . . . . . . . . . . . . . . . . Council workshop on Consolidated Grant Program;consider Public Service Applications. Tuesday,March 7 . . . . . . . . . . . . . . . . . . . . . . Council issues a resolution adopting the 2000 HUD Consolidated Grant Program. Consolidated Grant Prc-gr&m Five Year History 1995 3.684,668 1996 3,463,823 1997 3.512,585 1998 3.439,899 1999 3.435.000 1 Consolidated Grant Program Five Year History 3 O �.1 2 y� ' 1 1'i K�. 1 a 1995 1996 1997 1998 1999 1995 Consolidated Grant Program ESG -HOME - CUBG Housing Activities 1,372.700 37.3°, Historic Preservation 11,000 0.30 Clearance 3 Demolition 151,097 4.1=z Public Facilities& Improvement: 1,196,095 32.5=0 Public Services 67,211 1.8"0, Economic Development 397,565 10.6-0 Emergency Shelter 89,000 2.4''.a Administration 400.000 10.9`0 3.684.668 100.G` 1995 Consolidated Grant Program ESG-HOME-CDSG .7.�'�NCIS�;•�ACU��ties 0.3%Historic Preservatior, 4.1'.'°Clearance R Dernolrtion •` 10.9°c Admrns!r2tirn 325'.. Public FaCOi!195&lrnprovemCrts 2.4%E!nergenC) 5he1!er 1.9 �PuWiC Seri•.:: 1C ci°:Economic Development 1996 Consolidated Grant Program ESG -HOME- CDBG Housing Activities 1•t 2".. Clearance 3 Demolition 81.79; 2 Ii- Public Facilities & ImprovementE 1.194,775 :31.5`.: Public Services 144,432 4.2 Historic Preservation 77.343 2.2°: Economic Development 347,480 10.0' Emergency Shelter 60,000 Administration 375 000 10.6°-3.63,823 100.0 . 1996 Consolidated Grant Program ESG - HOME - CDBG p D,mo!tvor1 34 2-,�HoLmrig Activities 2� . C�r�rar�_a _ . 34 5%Put)ifC-'Ctlitle3 is Ifni ,vac °f:ES f Erlergency SNP`,e, td ON Fcoromic Deve;nr G 21i:Pt1t i;C SEIVa:er; 2.2 1e t!is.Gr;c Preservation 1997 Consoiiciated Grant Program ESG - HOME - CDBG Housing Activities I,IB0.00C 33606 Clearance E. Demolition 300,000 8.5.6 Public Facilities R Imoroverner. 834,775 23.8% Public Services 82,029 2.30:, Historic Preservation 116.008 30 Economic Development 564,577 1`.1°; Emergency Shelter 60.000 1.7 Administration 375.196 10.7% 3.512 585 100.011. 1997 Consolidated Grant Program ESG-HOME -CDBG 33 5%Hnusing Amv?las 8 i'•�CL;arance 6 Damolilice 2;i�°: Pt:n�ic Fa.s`ities?tmprc.e^lants `? 1.7",Emergency Sheitei 3' '3Jfi S'fV'fE P ssPPWRAtion 16 '='o Economic De,,eI•o,.�ment 1999 Consolidated Grant Program ESG -HOME -CDBG Housing Acuvities 1,394.000 40.5913 Clearance& Demolition 425.000 12.4% Public Facilities&Improvemen 259.000 7.50,. Public Services 188.000 5.50•1- Historic Preservation 65,322 1.9% Economic Development 643.577 18.70; Emergency Shelter 87.000 2.51% Administration 378,000 11.0=•0 3,439,899 100.0°:: 1998 Consolidated Grant Program ESG -NOME -CDBG 40 5'°Housing Activities 2.4%Clearance&Demoi tion 5%Paolic Fectit ies& lmproveair.-n!s � 1'.4°•_?idR n+5lr•llfU" 5.5%PtIOIC Serve-:-s 2.5%_. 2.5%Emergency !5.7 t Economic Deveiopmerd 1999 Consolidated Grant Program ESG-HOh{E -CDBG Housing Activities t.736,000 50.5% Clearance& Demolition 280.000 E.2',_ Public Facilities& Impiovemen 67B4O00 ;9.7": Public Services 72,000 t": Historic Preservation. 20.000 0.6 Economic Development 185.000 5406 Emergency Shelter 82,000 2 4°, Administration 3B2.G:;0 1 1.1 3.4"15.0C+) 10 0.0 1999 Consolidated Grant Program ESG-HOME-CDBG 50.5"-,Housing Alivities 2.2",Clearance&Oerro!ition +?.t Administration +y. 2 4°,Emergency Shelter 5.4=: Econom+c Ueve!opnent G.6'o H,s'or c n,,servatuor.