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HomeMy WebLinkAboutMIN AUGUST 6 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 6, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 6th day of August, 1996, with the following present: HONORABLE: David W. Moore Mayor Andrew P. Cokinos Mayor Pro Tern Councilman-At Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Father Jeremiah J. McGraph from St. Anthony Cathedral. The Pledge of Allegiance was led by eight (8) children attending City Council meeting. (including Mayor Moore's sons, Derek and Kenny) -000- Two Proclamations were issued: a Proclamation in recognition of volunteers who make possible a "Free Camp for Sickle Cell Patients," and "Communities in School Week," August 12-18, 1996 (a stay-in-school program, helping kids help themselves.) After presentation of the first proclamation, Anthony Pugh, a teen-age volunteer for Sickle Cell and a victim of Sickle Cell Anemia, asked the Mayor and Council to attend a meeting to establish a Sickle Cell Foundation in Beaumont. -000- Mayor Moore announced that an Executive Session will be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: specifically all 240 August 6, 1996 pending claims and lawsuits following the regular session of City Council. -000- A moment of silence was observed in memory of former Beaumont Police Officer Artist Oscar Wilcox whose funeral services were held this morning. Mayor Moore explained that Officer Wilcox was paralyzed from a gunshot in 1963 while walking his patrol and complimented the Police Department for their support to Officer Wilcox's family and for the honor bestowed upon him by fellow Police Officers at the funeral services. -000- Citizens were invited to comment on the Consent Agenda and Regular Agenda Items 2 through 6. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held July 30, 1996; Resolution No. 96-182 appointing Lettie Lanza for a term expiring January 31, 1998 and Becky Parker for a term expiring July 26, 1997, and reappointing Karen McKinney for a term expiring March 21, 1998 and Dr. Debra Williams for a term expiring October 12, 1996, to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect; Paul Pepper to the Sister City Commission for a term expiring August 5, 1998; reappointing Bruce Johnson for a term expiring November 8, 1997 and Steve Lucas for a term expiring February 1, 1997 to the Small Business Revolving Loan Fund Advisory Committee; and Laure Leister to the Planning Commission for a term expiring July 26, 1998; Resolution No. 96-183 accepting Street and Storm Sewer Improvements: Shadow Lane from existing Shadow Bend Avenue approximately 1,800 feet west to and including the cul-de-sac; and Water and Sanitary Sewer Improvements: Lots 72-76, Block 2; in Bellechase, Section Three, Phase Four, contingent upon filing of the final plat, complete with filings of dedication of all rights- of-way and easements required on the preliminary and final plats; and Resolution No. 96-184 authorizing a Pipeline License Agreement with Concha Chemical Pipeline Company of Houston for installation of a ten (10) inch pipeline for the purpose of transporting chemical grade propylene within the city limits and across several City of Beaumont water and sanitary line easements in the vicinity of West Port Arthur Road. 241 August 6, 1996 Councilman Patterson questioned monitoring usage of the pipeline by Concha Chemical Pipeline Company and interference of the the ten (10) inch pipe with drainage projects. The City Manager explained that this agreement is consistent with other pipeline agreements and the pipeline is standard and will not interfere with drainage projects. 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- An ordinance authorizing a Specific Use Permit for construction of a two-story 17,800 square foot elementary school building in an RS (Residential Single Family Dwelling) District at 6825 Gladys Avenue at the request of St. Jude Thaddeus Catholic Church with recommendations for approval by the Planning Director and the Planning Commission with conditions that 1.) apart from the plan and footprint described on the site plan attached to the specific use permit, no additional school use buildings, including portable structures shall be constructed on the subject site without the owner first applying for an amended Specific Use Permit; 2.) the new classroom building shown on the site plan shall not exceed two stories in height; and, 3.) there will be a maximum capacity of 450 students enrolled at the school; was considered: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ELEMENTARY SCHOOL WITHIN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6825 GLADYS AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Cokinos said the Planning and Zoning Commission unanimously recommended approval of this Specific Use Permit and he always tries to follow their recommendation, and made a motion to approve the ordinance. Councilman Goodson said, "it may have been a 7-0 vote at Planning and Zoning, but there was a lot of contentious discussion at that time concerning the application. The Mayor asked at that time for people to leave and to try to work out a win-win situation where St. Jude's could get a school, and the neighborhood could feel like that they were not being intruded on unnecessarily. We have sat with this project for about two months. We have received reams of letters from everyone. And, to this point, Father, I appreciate your comments in the Invocation, because harmony is what was sought, and it is not what has been achieved. I am sad to say that at this point, we have a very difficult situation. I have spent eleven years rendering payments to raise my 242 August 6, 1996 kids in a Catholic school, and I am happy every day I write those checks. But, I'll tell you also, our job is not an easy one up here because everyone of these people that are your neighbors at that church are represented by me and these Councilmembers, as well, and all we have under our current zoning ordinance, which I'm going to speak to....I'm going back to a statement I have made several times over several Council meetings recently, long before St. Jude's became an issue. We got homesteads on one side, I got children on the other, and I got people that are almost mad at each other over this issue, and I don't see it coming together, and that disappoints me greatly. And, I have said since the beginning that I had problems with the application for a number of reasons, but most of it first goes to our process up here with Council and how we handle applications for zoning changes in these substantially developed neighborhoods. On Dowlen Road and on Delaware, we have recently turned down two applications for zoning changes for the very reason that they were inappropriate to dense uses for adjacent properties. I cannot say this is dissimilar from those, and I have said to the Manager, and I will say again to my Councilmembers, we have to change this so we get more input at the beginning, that we know, because we're saddled today, members of the audience, with taking this application, and taking it on it's face. We don't have a right, once the Planning and Zoning has voted upon it, to change that application. It cannot go back. It has to be voted on yes or no. And, technically, you're able to go forward and be able to resubmit anything for a year if there is a no vote. That can be waived and maybe it would if something came back, if this does not succeed. But whatever happens, if this wins today or loses today, some people have got to get back in harmony...The Church has said in some letters, trust us, we will do the right thing by the neighbors. I asked that to be done 60 days ago so that we could see some things definitive, that neighbors would come back to me and tell me they could support. I haven't gotten that. I'm not saying it's the failing of the Church. I'm not saying it's the failing of the neighbors. But, by the same token, I'll tell the neighbors this, I got a lot of comments negative about what the Church did when they started developing this property before this application came in. This property was grand fathered in under our Zoning Ordinance, and they had every right to use and develop the property as they did. They had the right to cut trees, they had the right to build fences, they had the right to pour concrete parking lots. That was their right under that, under the Zoning Ordinance, and people have been very mad and upset in times gone by, and that I cannot support either. You cannot, as I have told the neighbors on Wellington about a recent zoning application, I'm not telling people that they cannot develop property. I want us to be able as a Council to go forward and see to good appropriate development in the city in every way we can and not be intrusive on existing neighborhoods. And, by the same token, we've got to work in the neighborhoods to make sure--I cannot imagine that anybody sitting in this room is against St. Jude's building a school. What we have to look at St. Jude's building a school under this application as it's designed at this location. My concern, Jerry and different ones who presented, is that I cannot put in my mind reasonable limitations on this application that would allow you to do what you want to do. If I limit it to 350 students, and you have 500 kids who want to come out there for a Catholic education, you're going to be right back down here asking for a change. And I wouldn't blame you, and I wouldn't fault you, but if we limit this, I couldn't tell these neighbors here, see we limited it, we made it something less than what they asked for because it won't necessarily be that way because Specific Use Permits by their very nature are subject to 243 August 6, 1996 being changed. So, what I want to see is us have more input so that we can work with these neighbors earlier in the process, Mayor, so that we don't get to lose-lose situations instead of win- wins." Councilman Davis said making this decision is one of the most difficult he has tried to make, and is still considering factors. He said with neighbors versus the church, as a Christian person, it is most difficult and he is troubled with the lack of discussion between residents of the neighborhood and the Church. He stated that "for Beaumont to be a progressing and growing city, we should communicate better with each other and our neighbors." Councilman Davis said he must ask himself how he would feel if he were living in that neighborhood, the consideration of the neighborhood supersedes all and that everyone must work together and that is not evidences in this situation. Councilman Davis said he supports Catholic education and could support St. Jude's request in a location that"would be conducive for growth and that would not be so offensive to the neighbors." He expressed appreciation to St. Jude's for the letters written, the people to whom he has spoken and their aggressive and professional manner. Councilman Davis said no one will be extremely happy with a decision, told Councilman Goodson he could support reviewing this application again and joined in stating that Council should be given more information and insight about zoning matters prior to this point. Councilman Davis said his decision will not be made on a whim, but with much thought and consideration. Councilman Ames agreed this is a tough decision, said she is saddened with divisiveness, wishes that the majority of the neighbors and Church could come together, and said she cares very much about the children receiving as good an education as possible. Councilman Ames said that Council is charged with weighing all pros and cons and strictly looking at the application as the zoning issue it is, and with that in mind, the appropriateness of the land use and the density that would be put upon that property is immense. She said part of Council consideration is the effect that would be made upon the existing neighborhood, said she tries to be consistent in zoning votes, and thinks that a kindergarten through 8th grade school is larger than the property would permit. Councilman Smith stated that she agrees with comments made by Councilmembers Goodson, Davis and Ames, and said she wants it to be clear that this is a zoning decision, that everyone is interested in education and is vitally concerned about all school, public and private, but cannot visualize this property adequate for a school to accommodate 450 children. She said there is not enough room for a playground to allow children a place to run and play, understands that private school and public school criteria is different and explained that State guidelines would dictate 14.5 acres necessary to construct a school for 450 children. In looking at the physical aspects, Councilman Smith stated that she could not accept a school constructed there, that growth must be considered, once the school is built, certain constraints will be etched in stone, and it seems this would not be a wise expenditure in serving the Parish for the next 15 or 20 years. Also, she said the neighborhood must be considered, and that they have adequate concerns. Councilman Patterson said in looking at all the aspects presented by Council, she concurs that 244 August 6, 1996 there would be no room for future school growth, would be intrusive into the neighborhood and sees divisiveness. From the zoning aspect, Councilman Patterson said she does not see the application as viable, and said more information and time for deliberation on these kinds of issues would be helpful in making decisions. Mayor Moore commented that varied view points have been heard, that discussion is of a building, traffic, proper land uses and not personally directed. He commented that he knows the Church's intent is not to be divisive, and that being on different sides of issues is healthy for growth and that a method of checks and balances is in place and gave opportunity for Mayor Pro Tem Cokinos to restate his motion. Mayor Pro Tem Cokinos spoke of voting against the issue as being against motherhood, education and the children and again made a motion for approval of Specific Use Permit application request by St. Jude Thaddeus Catholic Church for construction o a two-story elementary school. The motion died for lack of a second. The ordinance was denied on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: Mayor Moore Nayes: Mayor Pro Tem Councilman Ames Cokinos Councilman Smith Councilman Goodson Councilman Davis Councilman Patterson -000- Resolution No. 96-185 accepting the Fiscal Year`97 Budget and scheduling a public hearing at 1:30 p.m. on August 20, 1996 in the City Council Chambers on the proposed budged and the Capital Program was approved on a motion made by Councilman Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 96-40 amending Section 21-75 of the Code of Ordinances establishing grades, positions and classification in the Police Department: Grade I (police officers)--173; Grade II (police sergeants)--69; Grade III (police lieutenants)--14; and Grade IV (police captains)--5; reflecting the reduction of two Grade I patrol officer positions and addition of two Grade III police lieutenant positions, was considered: 245 August 6, 1996 ORDINANCE NO. 96-40 ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21- 75 TO AMEND THE GRADES AND POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 96-40 was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-186 authorizing purchase of two (2) 1997 Volvo Model WG64 diesel powered tandem-axle cab and chassis each equipped with a 14 cubic yard dump body in the amount of $152,547.54 from Smart's Truck & Trailer Equipment, Inc. for use by the Public Works Department, Streets and Drainage Division was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 96-187 authorizing a contract with the Houston-Galveston Area Council (H- GAC) Cooperative Purchasing Program in the amount of$171,106.00 for purchase of a Vactor Model 2110-36 truck, equipped with a high pressure water pump and vacuum system for use by the Water Utilities Department, Sewer Maintenance Division to flush out and clean main sanitary sewer lines with warranty services on the vacuum unit provided by Naylor Supply in Pasadena and on the truck by the local authorized Ford dealership was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 96-41 repealing Ordinance No. 86-101 pertaining to the prohibition of business transactions with individuals or entities which have ties to South Africa or Namibia or with firms doing business in those nations was considered: ORDINANCE NO. 96-41 ENTITLED AN ORDINANCE REPEALING ORDINANCE NO. 86-101 THE SAME BEING CHAPTER 2, ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY. 246 August 6, 1996 Ordinance No. 96-41 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Mr. Larry Beaulieu, Chamber of Commerce Chairman, and Co-Chairmen of the Economic Development Division Mrs. Dolly Johnson and Mr. Wilton White presented a report to Council that included a Program of Work Review of Marketing Tools, Communication and Back-office, Workforce Readiness, Industry Visits and Miscellaneous activities. They listed key accomplishments as: visiting the Federal Correctional Complex at Coleman, Florida; developing a brochure for back-office marketing efforts; attending a Telemarketing and Business Telecommunication Trade Show in California; presentations to commissioner's court on tax abatement; establishing home page on the Internet; and currently performing a study of Hispanic labor force in southeast Texas. They summarized their$150,000 Economic Development Budget with $126,700 in Total Funds Received or Committed, In-kind Contributions of $19,175, leaving a balance of $4,125.00. Examples of Value-Added Business Growth and Retail and Services Growth were reviewed and Action Items reported at: holding Federal Bureau of Prisons vendor seminars for membership; scheduling meetings with U. S. Postal Service, Homebuilder's Association and Apartment Association to discuss economic impact of Federal Bureau of Prisons; scheduling visits to Houston, Dallas and Austin to interview potential back-office companies; preparing a directory of manufacturers; scheduling a Texas Manufacturing Assistance Center seminar; developing a list of key contacts by industry for use with prospects; building fact sheets on companies targeted by Industry Visits Committee; and preparing an industry survey. Chamber members thanked Council for their partnership and opportunity to work toward the economic development of the City of Beaumont. -000- Mayor Moore acknowledged former Mayor Bill Neild in the audience, now a member of the Chamber of Commerce Economic Development Division. -000- Mayor Pro Tem Cokinos thanked Public Works Director Tom Warner for a quick response to correcting the big dip on Calder Avenue at Martin Luther King, Jr. Parkway and again inquired about railroad track repair and Mr. Warner reported that when the Liberty-Laurel project is finished, his department will pursue a resolution to repair of railroad tracks. Mayor Pro Tem Cokinos spoke about the drought creating a low water level, inquired about the possibility of another water well at Loeb and requested that the feasibility of drilling a well be researched. The City Manager reported that at this time, there is no demand on the water supply. Mayor Pro Tem 247 August 6, 1996 Cokinos said he thinks Lamar President Rex Cottle should be publicly supported by Council through a resolution or some other means because of a meeting scheduled in Austin to discuss relieving him of his position. Councilman Goodson concurred with Mayor Pro Tem Cokinos' suggestion to publicly support President Cottle to the extent of avoiding the possibility of any negative action to be taken against him and said President Cottle has done a good job for Lamar. He spoke about escorting Texas Transportation Commissioner David Bernsen last night to a joint meeting of Ports of Beaumont, Port Arthur and Orange officials and Mexican port officials to discuss trade, said they are quite anxious to continue to develop business relationships and applauded the efforts of the three ports, SET, Inc., and the Chamber of Commerce in this project. He also commended the efforts of Chamber of Commerce personnel for their work toward improving economic development in other areas. Councilman Smith commented that sometimes the public does not realize that Council is elected to look at all sides of an issue and to represent the whole community, said that Council is asked to make tough decisions, and anyone not able to make these tough decisions should not be on Council, and "to insinuate that a no vote" is "against the church...motherhood and apple pie is ridiculous." She said the issue before Council concerned zoning had nothing to do with education or religion, and for most people, their home is the most important asset during their life and to do something to adversely impact the quality of their life would be a great disservice to them. Councilman Smith said she is not uncomfortable with her vote, nor is she happy that the school construction could not be approved and said that long-range planning should be given to planning a school. Councilman Smith told Public Works Director that residents on Scenic Avenue at the lake are having problems with trash in the area, possibly related to Highway 105 construction, and asked that the problem be investigated. Councilman Patterson said she also supports Lamar University President Rex Cottle, said she thinks he has been an asset to the community as well as Lamar University; extended an invitation to attend "Americas Night Out Against Crime" tonight at the Police Department's South Substation from 6:30 p.m. to 8:30 p.m. Councilman Patterson reported grass growing in the middle of the street on Lavaca, from Highland Avenue to the railroad track, on 4th Street, from Cardinal Drive near the 9th Grade Westbrook campus and at Blanchette Elementary School from 4th to Usan. Councilman Davis also reported high grass in the 1,000 block of Evalon and the 1,000 block of Miller; addressed policy for zoning issues to assist the Planning Department with direction; thanked Mayor Moore for accepting the invitation as guest speaker for his High School Tenth Reunion and for the encouraging words he gave to classmates and telling them how to become involved in community affairs; and thanked Convention and Tourism Director Jef Russell and Parks and Recreation Department Director Luke Jackson for their tremendous help with the reunion. Mayor Moore said the only thanks he needed was the opportunity of seeing Councilman Davis' high school picture! 248 August 6, 1996 Councilman Ames told the audience and Councilman Smith that she totally agreed with Councilman Smith's comments on Agenda Item No. 1 and told Mayor Moore that she appreciates Rex and Carol Cottle's contributions to the community and favors anything Council can do as a body to show support for them. Mayor Moore told Councilman Davis that he really enjoyed the opportunity to address his high school class and see so many successful young people coming back. Mayor Moore reported problems with construction to Public Works Director Tom Warner, said that several residents in South Park have been without telephone service for as long as four days, that cables are all over the ground and said that contractors need to be alerted to clear construction sites and put things back in place at the end of a work day, if possible. He said that for some of the residents, the telephone is their life line. Also, Mayor Moore said the stop sign at Regina and Chevy Chase is down; asked that Mr. Warner meet with him after the meeting to discuss a water line problem; reported water coming up from a manhole at Concord and Trotman; thanked the Texas Association of Peace Officers, who are hosting their 61st State Convention in our community, for the opportunity to greet them yesterday along with Chief Scofield and the mayor of Port Arthur; congratulated Library Director Maurine Gray for conducting an excellent summer reading program and presented a challenge for next year--if involvement exceeds 1,100 next summer, Mayor Moore said he will cut flips for the children on the trampoline in celebration of the program! Lastly, Mayor Moore acknowledged his sons presence and commented on their personal reading activities. -000- Mr. Ivory Pugh, 5750 Stanford, again addressed Council to complain about his son's arrest and about his treatment and showed pictures of his son. Councilman Davis said he has volunteered to speak with Mr. Pugh's son, but Mr. Pugh has disallowed his son to communicate with him, said Nakia Pugh has been arrested on June 11 and on July 1 for outstanding warrants, that every position Mr. Pugh has taken has been investigated, said it is not Mr. Pugh's responsibility to speak for his son. Councilman Davis suggested that Mr. Pugh retain an attorney. Mayor Moore explained that Mr. Pugh's son is an adult and direct conversation with him is needed in order to help him. Mr. Charles Johnson, 5080 Helbig Road, thanked Mayor Moore for time spent with him last Tuesday, said he will leave a video tape for his viewing and questioned procedures to use for someone falsely calling 911, stated problems with Plymouth Village management and restated details of someone trying to set fire to his apartment and spoke about Officer Morris receiving false information. Councilman Davis told Mr. Johnson that he has submitted his name for consideration as a member of the Board of Directors for Plymouth Village so that he can possibly influence and impact positive changes. Mayor Moore asked Mr. Johnson to supply him with documentation that he has requested for a second-level meeting with Mr. Thomas. Mr. Tony Jones, 3715 East Lucas, read portions of a letter that he previously distributed to Council 249 August 6, 1996 concerning his request for a six-month leave of absence from the Transit Advisory Committee because of an opportunity he has to receive Customer Service Representative Skill Training by the Houston Light House for the Blind. Mr. Jones explained that this training will help him to become gainfully employed by being able to handle 800 calls as a reservationist for large hotels or airline companies and expressed a desire to be able to return to Beaumont for employment. -000- There being no further business, the meeting was recessed to conduct an executive session in the third floor conference room. -000- 1, Barbara Liming, Deputy City Clerk for the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held August 6, 1996. Barbara Liming, Deputy City Clerk 250 August 6, 1996