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Home My WebLink AboutMIN OCT 23 2001 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson October 23,2001 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 October 23, 2001, 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 Pro Tern Goodson called the meeting to order at 1:31 p.m. Sister Rita Slattery of Christus Saint Elizabeth Hospital gave the invocation. Lt. Commander Kirkman and Cadet Lt. Tompkins, Central High School ROTC students, led the pledge of allegiance. Present at the meeting were: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Samuel, and Patterson. (Mayor Moore and Councilmember Ames were absent.) Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Presentations and Recognitions Four Proclamations were issued: "Pastoral Care Week," October 21-28, 2001; 'Red Ribbon Week," October 23-31, 2001; "Chamber of Commerce Week," October 22-26, 2001; and "Make a Difference Day in Beaumont," October 27, 2001. In addition to the "Make a Difference Day" clean up project co-sponsored by the Clean Community Department, Mayor Pro Tern Goodson announced that Clean Community Coordinator Mack Mitchell has arranged for"Adopt a Street Program"agreements to be signed. Group representatives from six organization and Council signed the contracts. Ward I participants accepting responsibility to keep streets clean are: Wesley United Methodist Church, Folsom Drive from Dowlen to Major Drive, and Central High NJROTC, Calder Street from 111' Street to 7 1 Street. Ward III participants are: J. R. Automotive, Franklin from Blanchette to Park Street, Neches from Park to Blanchette, Blanchette from Franklin to Neches, and Park Street from Franklin to Neches; and the YWCA, Calder Street from Willow to Main Street. Ward IV participants are: Jefferson County Restitution Center,Washington Boulevard from 23rd Street to Lindberg; and the Knights of Columbus Council 5035, Woodrow from Avenue A to Chaison, and Virginia Street from Avenue A to Chaison. Mr.Tracy Richardson, III,(Gulf Coast Living History Association)announced that Freedom Fest 2001 has been scheduled for November 11, 2001 beginning at Noon with a parade and including many musical performances at various downtown locations. Mr. Richardson asked for Council endorsement and sponsorship. He said the purpose of the event is to pay tribute to yesterday's veterans and today's heroes,and to raise funds for local disaster relief and for victims of the September 11th tragedy. All proceeds will be donated to our local Red Cross. Mr. Richardson introduced C. C. McGinnis with Clear Channel Media and Christina Delgado with Procter Street Entertainment, who are assisting in promotion of the celebration. Mayor Pro Tern Goodson remarked that calls are being received relating to issues addressed in the national and local news and announced that Mayor Moore and Fire Chief Bertrand are in Washington D.C. attending the United States Conference of Mayor's Safety and Security Summit. Participation will include mayors, representatives from police, fire, and emergency response community, federal officials, and national experts in the field of domestic preparedness. He assured citizens that Council is making every effort to meet their expectations of safety and security in the community. Public Comment: Persons may speak on scheduled agenda items 8-11 Mr. Gary Hidalgo, 1025 Pineneedle, Sour Lake, and Chief Operating Officer for the Spindletop MHMR Services, addressed Council in opposition of Ordinance No. 01-076 that is considered for amendment in Agenda Item No. 8. Mr. Hidalgo objected to not being consulted regarding changes in transit fees, spoke of the budgetary impact on his organization,and challenged interpretation of the guidelines. He read page 5-7of the ADA Para-Transit Handbook: "You also can develop full cost rates or other rates of reimbursement for transporting Human Service Agency clients that are higher than complimentary para-transit service fares...Informal referrals by Human Service Agency staff should not, however, be treated the same as contract services. For example, a request for service might be made by an agency on behalf of an eligible rider with a cognitive or communication disability. In this case,the complimentary para-transit service fare must be used."Mr. Hidalgo stated his contention is that they make informal contracts, and that individuals directly contact the Special Transit, and he suggested the City Attorney review the ordinance along with Mr. Brian Cruz, MHMR's consulting attorney. Consent Agenda Approval of minutes - October 16, 2001 Confirmation of committee appointments-Appointments: John Weitzel, Small Business Loan Fund Advisory Committee, term ending October 22, 2003-Resolution No. 01-248 A) Accept a payment (in the amount of$1,251.85 from Chester D. Isom, Jr.) and authorize a release of weed and litter liens against property described as Lots 165 and 166, Block 16, Herring Addition - Resolution No. 01-249 B) Approve a contract(with Janco Construction for an estimated expenditure of$22,800)for a horizontal directional bore of approximately 400 feet in length- Resolution No. 01-250 Minutes October 23,2001 Page 2 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson ,Councilmembers Smith,Cokinos, Samuel and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density)to GC-MD(General Commercial-Multiple Family Dwelling)District forthe property at 4345 Crow Road Councilmember Smith moved to approve Ordinance No. 01-082 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 4345 CROW ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 2. Consider a request for a specific use permit to allow two guest quarters in an RS (Residential Single Family Dwelling) District at No. 6 Estates of Montclaire Councilmember Smith moved to approve Ordinance No. 01-083 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TWO GUEST QUARTERS IN AN RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT LOCATED AT#6 ESTATES OF MONTCLAIRE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 3. Consider a request for a specific use permit to allow a home decor shop and a restaurant in a PUD (Planned Unit Development) District at 3350 Dowlen Road Councilmember Cokinos moved to approve Ordinance No. 01-084 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME DECOR SHOP AND A RESTAURANT IN A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT LOCATED AT 3350 DOWLEN Minutes October 23,2001 Page 3 ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 4. Consider a request for a specific use permit to allow a print shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2755 Washington Boulevard Councilmember Samuel moved to approve Ordinance No. 01-085 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRINT SHOP IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT, LOCATED AT 2755 WASHINGTON BOULEVARD, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 5. Consider a request for a specific use permit to allow a climate controlled storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District at 10255 Eastex Freeway Councilmember Smith to approve Ordinance No. 01-086 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CLIMATE CONTROLLED STORAGE FACILITY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 10255 EASTEX FREEWAY IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Cokinos seconded the motion with conditions placed by the Planning and Zoning Division. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 6. Consider a request for a specific use permit to allow an art gallery in an RCR (Residential Conservation and Revitalization) District at 581 N. 91h Street Councilmember Cokinos moved to approve with conditions Ordinance No. 01-087 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ART GALLERY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT, LOCATED AT 581 N. 9T" STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None Minutes October 23,2001 Page 4 7. Consider a request for an (HC-L) Historic Cultural Landmark Preservation Designation for the building at 461-469 Bowie Councilmember Smith moved to approve Ordinance No.01-088 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 THE BUILDING LOCATED AT 461-469 BOWIE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 8. Consider amending Ordinance 01-076 to allow Special Transit Service monthly passes for social service agency clients Mayor Pro Tern Goodson expressed appreciation to Mr. Hidalgo for his comments and requested staff consult with representatives from Spindletop MHMR regarding statutes. Councilmember Patterson moved to approve Ordinance No. 01-089 ENTITLED AN ORDINANCE AMENDING ORDINANCE 01-076, TO ALLOW SPECIAL TRANSIT SERVICE MONTHLY PASSES FOR SOCIAL SERVICE CLIENTS IN SECTION 28-6(c)(1) OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, and Patterson Noes: None 9. Consider approving two resolutions supporting passage of Constitutional Amendment Propositions 15 and 2 on the November 6, 2001 ballot Public Works Director Tom Warner explained that the portion of Proposition 15 called creation of the Texas Mobility Fund would allow issuance of bonds for construction of roadway projects and implementation of the Toll Equity Act would allow the Toll Road Authority to accelerate construction of projects and said Proposition 2 primarily deals with border counties and allows for issuance of bonds. In response to Councilmember Cokinos' query, Mr. Warner confirmed that Proposition 15 is currently a "pay as you go" process, and this proposition would allow the issuance of bonds and pay with future revenues, free up monies for local projects, as well as state. Councilmember Cokinos moved to approve Resolution No. 01-251 supporting passage of Constitutional Amendment Proposition Number 15 allowing the creation of the Texas Mobility Fund and implementation of the Toll Equity Act. Council member Smith seconded the motion. MOTION PASSED. Minutes October 23,2001 Page 5 Ayes: Mayor Pro Tem Goodson,Councilmembers Smith, Cokinos,Samuel, and Patterson Noes: None Councilmember Cokinos moved to approve Resolution No. 01-252 supporting passage of Constitutional Amendment Proposition Number allowing the issuance of bonds forthe building of roads in border colonias. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 10. Consider approving a contract with the Southeast Texas Community Development Corporation, Inc. Councilmember Samuel moved to approve Resolution No. 01-253 authorizing the execution of the contract with the Southeast Texas Community Development Corporation, Inc. (SETCDC) in the amount of$256,500. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None 11. Consider adopting a resolution supporting the creation of a new and improved Jefferson County Waterway and Navigation District Councilmember Cokinos moved to approve Resolution No. 01-254 supporting the creation of a new and improved Jefferson County Waterway and Navigation District. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson,Councilmembers Smith,Cokinos,Samuel, and Patterson Noes: None COMMENTS Councilmembers comment on various matters Mayor Pro Tem Goodson announced that early voting for the November 6"constitutional amendment election has begun. He extended appreciation to the Southeast Texas Regional Planning Commission and the Deep East Texas Council of Government for their joint sponsorship of the recent Summit on Regionalism which covered topics about transportation, schools, crime, economic development, and health. Mayor Pro Tem Goodson said this was an opportunity to learn, interact, and share information between Minutes October 23,2001 Page 6 13 counties in East Texas, and acknowledged the efforts of Mr. (Walter G.) Diggles, Deep East Texas Council of Government, and Mr. Chester Jourdan, Jr., Southeast Texas Regional Planning Commission, and their staffs. Also, he encouraged support from neighborhood associations with the "Make A Difference" street cleanup and the "Red Ribbon Rally" and parade on Saturday afternoon. Councilmember Patterson re-emphasized the importance of voting and reported that early voting will continue through November 2 for the November 6 election. She announced that the South Park Neighborhood Association will meet Thursday, October 25 at the South Park Baptist Church with Officer Roger Trahan as speaker. Also, Councilmember Patterson agreed with Mayor Pro Tern Goodson that the Summit on Regionalism was outstanding, informative, and well attended. Councilmember Samuel concurred that it is crucial to exercise our right to vote, extended kudos to Public Works Director Tom Warner for Bigner Road construction repairs, and announced that the Ward III Advisory Council will meet Thursday, October 25 at 6:30 p.m. at the Elmo Willard Library. He, also, commended Mr. Chester D. Isom Jr. for his efforts in purchasing unkempt property and working in the Charlton-Pollard neighborhood to beautify the area. Councilmember Smith commented that everyone she spoke with was impressed with how well the Summit on Regionalism was coordinated, the quality of speakers and the programs. She said the event was very impressive and thinks it should be an annual affair. City Manager Report - Sales Tax Update, Offender Program, Texas Downtown Association, Landfill Disposal Revenue, Public Fleet Auction and UPARR Grant City Manager Bonczek reported the Texas Downtown Association has designated the Lamb's Building as a finalist for 2001 Potential Awards Program in the Best Adaptive Reuse category with winners to be announced November 9. He extended appreciation to Clean Community DirectorJohn Labrie for being successful in generating revenues and marketing landfill space and reported receiving notification that Jefferson County inmates will no longer be available for maintenance of the M. L. King Parkway. Councilmember Samuel interjected a suggestion to explore use of manpower from the Restitution Center. Mr. Bonczek reported the Fleet Auction held Saturday profited an estimated $240,000, reviewed the Urban Parks and Recreation Recovery (UPARR) grant, and said proposed improvements at McLean and Roberts will include playground equipment, surfacing, drainage, sidewalks, and that Roberts Park will receive a water playground. Mr. Bonczek expressed excitement with the proposed veteran's event and said details will be presented at the next Council meeting. Public Comment (Persons are limited to three (3) minutes). No one wished to speak. EXECUTIVE SESSION Minutes October 23,2001 Page 7 * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Patrick Cody Schroeder v. Lamar Institute of Technology There be4na no further business, the meeting adjourned at 2:51 p.m. yc"�OLq Guy N. Goodson, Mayor Pro Tern Barbara Liming, City Clerk Minutes October 23,2001 Page 8