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HomeMy WebLinkAboutMIN JUNE 11 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 11 , 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 11 th day of June, 1996, with the following present: HONORABLE: David W. Moore Mayor Andrew P. Cokinos Mayor Pro Tern Councilman-At Large Becky Ames Councilman-At-Large Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Mark Viator, Friendship Baptist Church. The Pledge of Allegiance was led by Mr. David Bauerlein, staff writer for the Beaumont Enterprise. -000- One Proclamation was issued: "Life Insurance Week," June 16-22, 1996. -000- Mayor Moore announced that an executive session will be held in accordance with Section 551.074 of the Government Code to consider appointment or employment of a public officer or employee: specifically the City Clerk, and in accordance with Section 551.071 to discuss pending or contemplated litigation: Claim of Billy Foutz. 188 June 11, 1996 Citizen comment was invited on the Consent Agenda and Main Agenda Items 2 through 8. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held June 4, 1996; Resolution No. 96-142 reappointing Marie Easley to the Sister City Commission for a term expiring March 22, 1997; reappointing Marie Easley to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for a term expiring November 22, 1997; reappointing Dohn LaBiche for a term expiring January 3, 1998, Bob Harris and Chuck Mason for terms expiring January 17, 1998, and Mary Jowers for a term expiring January 31, 1998, to the Board of Adjustment; Resolution No. 96-143 authorizing purchase of one (1) Polilight, PL-10, forensic light source in the amount of $16,125.00 and one (1) Poliray, portable forensic light source in the amount of$4,818.00 for a total of$20,943.00 from Southwestern Engineering and Equipment Company for use in the Police Department; Resolution No. 96-144 authorizing the Water Utilities Department to apply for and accept a grant from the Texas Parks and Wildlife Department for construction of a pleasure boat wastewater pumpout facility at the Beaumont Yacht Club (75% grant in the amount of $9,139, 25% remainder of$3,046 paid by Beaumont Yacht Club for approximate construction cost of $12,185); and Resolution No. 96-145 authorizing payment in the amount of$17,937.50 to Con-Equip, Inc. for emergency repairs to a 1993 Link Belt excavator used by the Water utilities Department. The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Reconsideration of the special conditions to clarify Ordinance 96-28 approving a Specific Use Permit at 3450 West Cardinal Drive on May 28, 1996, was introduced. Mr. Riley said the four special conditions related to: (1) no construction or cleaning of tanks on the site, (2) no storage of cleaning, hazardous or other materials on site, (3) no access to the property from Warren Street and (4) the installation and maintenance of a 30-foot landscape buffer along the north property line 189 June 11, 1996 and continued existence of the chain link fence located 75 feet south of the north property line. He said considerable discussion relating to the special conditions prompted Councilman Goodson and Mayor Pro Tem Cokinos to request opportunity to verify that what was actually imposed was the intention of Council. ORDINANCE NO. 96-33 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 96-28 TO AMEND EXHIBIT "B" TO SUCH ORDINANCE TO CHANGE THE SPECIAL CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL. Councilman Goodson said he thought the original intent of the application was to seek use of the property with retention of the 75-foot chain link fence and waive requirement for the construction of a new fence and that Planning and Zoning members expressed an interest in putting up the regular 30 foot fence or landscape barrier, and that one, not both of the buffers would be required. Councilman Patterson explained that on May 28th, when Council voted for continuance of the chain link fence to remain, she questioned if the buffer zone or the eight-foot fence ten feet from the north property line should be in addition to that, and understood the answer to be yes; therefore, she suggested the 30-foot landscape buffer, and later, after discussion with Councilmembers and residents found out that was not necessary. She concurred that it does not seem necessary to have both, but agreed to what she thought were the wishes of Council, and her opinion still is that the original application with the 75' fence should remain and that she and the residents of the area think the buffer zone and eight-foot fence can be deleted with the other conditions remaining. Further discussion prompted questions to the property owner and prospective property lessor, explanation by Staff that the original application requested the Specific Use Permit be permitted with a variance of normal landscaping requirements by permitting that 75 feet to remain as a buffer, a legal opinion that the 75 feet in question could be used for GCMD purposes by Ordinance 96-28 and a concern that both residents and prospestive business be satisfied by compromise. Mr. Richardson verified that the Specific Use Permit request was for the entire tract, including the 75 feet up to the northern subdivision, asked for variance of the normal landscaping requirements, and if granted, would leave the 75 feet as a buffer with the chain link fence remaining, and Councilman Patterson said that would be acceptable along with the other conditions for no on site construction or cleaning of tanks, no storage of cleaning, hazardous or other materials on site, and no access to the property from Warren Street. Additional discussion stated concern that the application presented to Planning and Zoning was not what the property owner or user thought and confirmation that the Specific Use Permit means that the .045 of an acre would be unusable for any purpose if designated as a buffer. 190 June 11, 1996 Ordinance No. 96-33 amending Ordinance No. 96-28 to remove the special condition requiring the installation and maintenance of a 30-foot landscape buffer along the north property line was approved on a motion made by Councilman Patterson and seconded by Councilman Davis. Question: Ayes: Mayor Moore Nayes: Mayor Pro Tem Cokinos Councilman Ames Councilman Goodson Councilman Davis Councilman Patterson -000- Resolution No. 96-146 authorizing Change Order No. 2 for a contract adjustment work reduction reducing the contract amount by $6,926.68 and authorizing final payment in the amount of $4,613.65 to Brandon Mechanical & Electrical for Water Service Line Replacement Contract III was approved on a motion made by Councilman Ames and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-147 authorizing an annual contract with DX Industries, Inc. to provide caustic soda for the Water Production Plant in the amount of$253.00 per dry ton for an estimated annual expenditure of $50,600.00 was approved on a motion made by Councilman Goodson and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 96-148 authorizing purchase of computer hardware upgrades for the Police Department's central computer in the amount of$48,808.00 ($36,096--96 megabytes of additional memory; $12,032--disk unit storage expansion; $680--installation services) from IBM Corporation as budgeted and paid for out of the Confiscated Goods Fund was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-149 authorizing a contract with Crain Brothers, Inc. for Sanitary Sewer System Improvements, Contract Number Four, Wastewater Treatment Facility Improvements-Clarifiers/Thickeners in the amount of$1,147,600 with funds available from the $20,000,000 bond sale to the Texas Water Development Board was approved on a motion made 191 June 11, 1996 by Councilman Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-150 authorizing an annual contract with Moore Supply Company for various sized corrugated polyethylene pipe for use by the Street and Drainage Division for approximately $130,763.60 was approved on a motion by Councilman Ames and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-151 authorizing purchase of one (1) 100 foot Pierce Lance Platform Fire Truck through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program in the amount of $592,100.00 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-152 authorizing transfer of unencumbered funds from Commercial Demolition accounts available in prior Community Development Block Grant budget years in the amounts of$54,451.00 from Fiscal Year 1994 and $91,549.00 from Fiscal Year 1995 to an account called the "YMCA Elderly Housing Project" was approved on a motion made by Councilman Davis and seconded by Councilman Ames. Question: Ayes: Mayor Pro Tem Nayes: None Cokinos Councilman Ames Councilman Goodson Councilman Davis Councilman Patterson Abstained: Mayor Moore -000- Councilman Goodson reported a complaint about high grass at the railroad tracks near North and Hazel Streets and asked Staff to investigate the railroad company's responsibility for cutting the grass and said it has been pointed out that the Garden Center does not have a water fountain for citizen use. 192 June 11, 1996 Mayor Pro Tem Cokinos again urged Staff to be persistent in gaining assurance from the railroad company that the tracks on Calder, North, Hazel, McFaddin, Laurel and Fourth Streets will be repaired and inquired again about the dip on Martin Luther King Parkway. Councilman Davis expressed appreciation for the street sweeper visiting areas of Ward III, said the neighborhood looks much better and conveyed thanks on behalf of his constituents, said because there was no opposition at the Planning and Zoning meeting, he was not aware of so many resident questions concerning Agenda Item I and requested that when input regarding zoning matters come in after-the-fact to Staff that he be advised and updated. After receiving ten complaints, Councilman Davis said that perhaps how initial complaints presented to Internal Affairs are handled should be investigated and the Chief of Police made aware so that he made proceed as he sees fit. Councilman Patterson asked Public Works Director Tom Warner about the commencement of the ditching on Harriot and the feasibility of a bench at the bus stop on Brockman and Avenue A. Mr. Warner said he would check on the actual start date of the ditching and reported that since a study showed only six boardings per day for ridership at Brockman and Avenue A, a bench could not be justified. Councilman Patterson expressed adamant opposition to the possibility of construction of a moderate to low income apartment complex at Sarah and Fannett because that site is at the back door of Washington Homes. She said the area already has a high concentration of apartment complexes. She expressed favor for affordable housing, but with less density and more single family residences, similar to what is being done in the Charlton-Pollard area and has been done in Old Town. She asked the City Manager and Staff to conduct a neighborhood study in the Pear Orchard and South Park areas to reevaluate the land zoning in Ward IV. She expressed concern about the number of adult entertainment facilities in that area, the frequency of developers wanting to construct low income housing in certain areas that already have those facilities, and the type of industrial businesses desiring to locate in and around residential areas. Councilman Davis commented that his Ward has locations that might be used for low to moderate income housing. Mayor Moore thanked Fire Chief Bertrand and Mr. Riley for helping escort and entertain Mr. Conte,' the Secretary of Commerce and Foreign International Trade from French Guinea, this past week. He said Chief Bertrand did an excellent job interpreting for Mr. Conte' at events. Mayor Moore reported he and Police Chief Scofield had opportunity to attend a military ceremony honoring Officer(Aaron) Burelson Saturday morning for his role in saving the life of a fellow comrade. He said the Food Fest held Saturday was a success and reported that the Fire and Police Chiefs did a fine job standing in for him in a cooking demonstration and asked to meet with Mr. Warner after the meeting to discuss a resolution to the situation of Mrs. Davis on Simmons Street. Mayor Moore added comments about zoning, business and economic development, the responsibility of balance business and the quality of life for residents, affordable and need for low to moderate income housing and said that until every name has been totally removed from public housing waiting lists 193 June 11, 1996 and until everyone is removed from sub-standard housing, there is a need. He emphasized support of additional housing units, especially those that have the flexibility of some ownership within the development. Mrs. Get Williams, 4495 Fortune Lane, a member and representative of the Pear Orchard Neighborhood Association, addressed Council to strongly oppose multiple family housing complex construction at Sarah and Fannett and said the area is saturated with that kind of housing. Mrs. Williams spoke in favor of single family dwellings, said consideration should be given to those already in the area, and questioned if a permit has been secured for construction of the apartment complex and the avenues of protest available regarding that construction. Mayor Moore advised Mrs. Williams to check with Building Codes or the Community Development Department for information. Mrs. Williams said they want a win/win situation for the homeowners already in the area and asked how to get an item on the agenda. Mayor Moore told Mrs. Williams to meet with her Councilmember who could in turn present the agenda item. Mrs. Marie Easley, Chairman of the Martin Luther King Parkway Project, and Mrs. Beverly Hatcher,. 890 Chatwood, addressed Council to state they received notification that their application for an ISTEA grant was ineligible, that a letter of appeal from the Southeast Texas Planning Commission has been sent in support of their project being an enhancement to the freeway for the Texas Highway Program and asked the Mayor and Council to call Mr. William Burnett in Austin to support their application before the 14-day deadline. Also, Mrs. Hatcher announced that the next meeting of the Martin Luther King Commission will be held June 27 in the second floor conference room and asked the Mayor and Council to attend in an effort to stabilize the meeting and add leadership. Ms. Carla Malone, 3030 French Road, Raintree Towers, addressed Council regarding bus routes and stops. She explained her problem in getting safely to bus stops in her wheel chair, cited incidents of near traffic accidents, inability to afford alternative transportation sources and discussed a need at the apartment complex for winding ramps to be used in the event of a fire. Ms. Malone distributed copies of her concerns to Council and said a petition is also being circulated. Mayor Moore told Ms. Malone that Staff will address whatever concerns they can, but said the issue at the apartment complex needs to be directed to the management. Mrs. Delores Davis, Youth Rescue Mission, 1930 Franklin, addressed Council to announce that Todd Freeland is participating in a Marathon Relay Run with the Silsbee Youth and Family Center and Mark Smith to carry a torch against homelessness, drug and alcohol abuse and gang. violence. She said there will be over 50 participants on Saturday June 15 beginning at 8:00 a.m. and ending at the Youth Rescue Mission about 2:00 p.m. She said Mr. Freeland will represent the disabled and Damian Davis will represent the "I Have A Dream Program" along with a host of others and invited the Mayor and Council to join them to represent the city. Mrs. Martha Clark, 1365 Brockman, addressed Council regarding a bus bench at Brockman and Avenue A, said she is disabled and unable to drive, but pays a street user fee each month and 194 June 11, 1996 thinks that should merit a bus bench. Mrs. Clark also spoke in favor of keeping the swimming pools in operation and said the issue of the Citizen Review Board will remain until something is changed. Mrs. Jane Hebert, 295 Parkway Drive, addressed Council to report the success of the Citizens on Patrol garage sale to purchase equipment for the program. She thanked all the volunteers who helped haul, load, unload, and price the merchandise. She said the companionship was great and they felt "bonded in a common cause," said the sale was well attended and they raised enough money to purchase much needed equipment for those already trained and ready to participate and encouraged other neighborhood associations to become involved in this effort to deter crime. Mrs. Hebert thanked those who planned the event, fed the workers, donated goods and purchased the items. Mr. Robert Cummings, 4535 Bill Street, as president of his neighborhood association addressed Council about affordable housing, invited Council to the next neighborhood association meeting Thursday at 6:30 p.m. at Our Mother of Mercy Hall when a presentation of past successes will be reviewed and future plans and goals will be discussed. Mayor Moore noted that several comments have been made about the review process and asked the City Manager and Police Chief to check out the Internal Affairs process in terms of not making it an intimidating situation where people feel uncomfortable in making a claim and asked that possibly the location where complaints are filed be changed to a more neutral ground. He said the only way to "correct the situation is have a lot of full and honest input into the process, especially for someone who's been treated unfairly." He expressed a desire that the process be one of integrity with a method of checks and balances. Mayor Moore said he has asked the City Attorney to make Council aware of the number of complaints that are received for a 30-day period. He added comments about affordable housing, placement limitations, said that with every challenge, there is an opportunity , said he is very sensitive to all aspects of housing and commented that in visiting Washington Homes, he was very impressed with the level of maintenance upkeep, the cleanliness, security, the modernization in process and said the appearance does not reflect a low income facility and asked that everyone work together for better housing. -000- There being no further business, the meeting was recessed to reconvene in executive session. -000- 1, Barbara Liming, Deputy City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held June 11, 1996. Barbara Liming Deputy City Clerk 195 June 11, 1996