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HomeMy WebLinkAboutMIN SEPTEMBER 10 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 10, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 10th day of September, 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 Absent: Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Patrice Fogarty City Clerk -000- The Invocation was given by City Attorney Lane Nichols. The Pledge of Allegiance was led by Mr. George Hudspeth. -000- Mayor Moore announced an executive session to be held following the regular session of City Council in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Claim of Jimmy Beverly and Claim of Darwin Williams. -000- Citizens were invited to comment on the Consent Agenda and Regular Agenda Items 4-6. No one wished to address these topics. 273 September 10, 1996 The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held September 3, 1996; Resolution No. 96-205 appointing Ann Thacker to the Drug Free Beaumont Commission and Dohn LaBiche to the Planning Commission for terms expiring September 9, 1999; Laurie Leister as Chairman of the Planning Commission for a term expiring September 9, 1997; the Reverend Ronald Bishop to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect, Polly Hathaway to the Keep Beaumont Beautiful Commission and Melissa Doucet to the Senior Citizen Advisory Committee for terms expiring September 9, 1998; and reappointing (correcting expiration dates on R-96-182, R-96-15 and R-96-82 from two-year to three-year terms) Laurie Leister for a term expiring July 26, 1999, Marva Provo for a term expiring June 29, 1998 and Cleveland Nisby for a term expiring September 7, 1998 to the Planning Commission; Resolution No. 96-206 designating Ray A. Riley, Beverly Hodges, Kandy Daniel, Michael Hamilton, Sydney Post, Judy Ventrca, Mary Morris and Diana Rollinson as signatories for the Willis Rollinson Workers Comp Account #05007019284 at Texas Commerce Bank effective September 10, 1996; and Resolution No. 96-207 authorizing execution of a contract with the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program in the amount of$45,382.00 for purchase of a 40-Channel Guardian Communications Recording System as replacement for an existing reel to reel tape recorder at the Police Department. The Consent Agenda was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 96-49 authorizing a Specific Use Permit at the request of Chris Sekaly, President of Post Consumer Recyclables, Inc., to allow reclamation, processing and storage of recyclable goods in a GC-MD (General Commercial-Multiple Family Dwelling) District at 860 and 950 Magnolia Avenue with recommendation for approval by the Planning Commission subject to: 1.) the applicant installing plastic, aluminum or wood slats in the existing 6' tall chainlink fence surrounding the block bound by Harrison, Grand, Magnolia and Long; 2.) The applicant installing an 8' tall screening fence (either a wood privacy fence or chain link with plastic, aluminum or wood slat inserts) surrounding that portion of the property bound by Magnolia, Harrison, Grand and the 20' alley; and 3.) No outdoor storage of recyclable materials including cardboard, was considered: 274 September 10, 1996 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE RECLAMATION, PROCESSING AND STORAGE OF RECYCLABLE GOODS IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AT 860 AND 950 MAGNOLIA AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Cokinos questioned conflict of interest because of his and his brothers' ownership of adjacent property on Hazel Street and was advised by the City Attorney that if he will not be directly affected financially, he may participate on this item. Councilman Davis stated that he has met with the applicant, Mr. Sekaly, and members of the Price family who object to the Specific Use Permit and said he understands both view points. Councilman Davis said he is concerned with the affect of cleanliness in the area and the large truck truck traffic, questioned the suitability of this type of business in this location and if resident opposition is enough to invoke the 20% rule. In response, the City Manager said the flow of truck traffic traveling to the plant site and storage location would not be under any special regulation, and the Planning Department Director told Mr. Davis that the business would be an appropriate use for the location with the conditions in place and that 12% negative responses by residents was not enough to put the 20% rule in place. After a lengthy discussion concerning restrictions, economic development and cleanliness of the neighborhood, Councilman Davis proposed Council consider a compromise for the benefit of the applicant and economic development and allay some of the environment concerns of residents by removing 860 Magnolia as a storage facility and granting a Specific Use Permit for 950 Magnolia only. At the request of Council, Mr. Chris Sekally and Mr. Howell, seller of the property, confirmed their business transaction could proceed with this modification. Ordinance No. 96-49, _modified to grant a Specific Use Permit to allow the reclamation, processing and storage of recyclable goods in a GC-MD (General Commercial-Multiple Family Dwelling) District at 950 Magnolia Avenue, subject to: 1.) The applicant installing plastic, aluminum or wood slats in the existing 6' tall chainlink fence surrounding the block bound by Harrison, Grand, Magnolia and Long and 2.) No outdoor storage of recyclable materials including cardboard, was considered: ORDINANCE NO. 96-49 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE RECLAMATION, PROCESSING AND STORAGAE OF RECYCLABLE GOODS IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT AT 950 MAGNOLIA AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 275 September 10, 1996 Ordinance No. 96-49 was approved as amended on a motion made by Councilman Davis and seconded by Councilman Ames. Question: Ayes: Mayor Moore Nayes: Councilman Smith Councilman Ames Councilman Goodson Councilman Davis Abstained: Mayor Pro Tern Cokinos -000- An Ordinance authorizing a Specific Use Permit to allow operation of a day care center at 2350 Cartwright in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at the request of Lisa Monette with a recommendation for denial by the Planning Commission and the Planning Director because the applicant failed to comply with five of the eight conditions necessary for approval, was considered: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAY CARE CENTER FOR CHILDREN AT 2350 CARTWRIGHT IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY- HIGHEST DENSITY DWELLING) DISTRICT, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. The Ordinance was denied on a motion made by Councilman Mayor Pro Tem Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 96-50 authorizing a Specific Use Permit to allow a church in an RM-H. (Residential Multiple Family Dwelling-Highest Density) District at 2260 Rockwell at the request of Mrs. V. E. Fobbs, pastor, with a recommendation from the Planning Director for denial because the proposed use would not be compatible with the immediate neighborhood and fails to comply with five of the eight conditions necessary, and recommendation for approval from the Planning Commission subject to modification of the landscaping and buffering requirements and to church services ending at 8:00 p.m. on any night they are conducted, was considered: 276 September 10, 1996 ORDINANCE NO. 96-50 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN AREA ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2250 ROCKWELL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Council discussion included suitablity, limiting use of the building as a church for this permit and neighborhood concerns about noise. Planning Department Director Steve Richards said granting this Specific Use Permit would only be for operation of a church and any other use would require application for another permit and Council approval because this is an RM-H District, and the conditions set by the Planning Commission addresses neighborhood concerns. Ordinance No. 96-50 was approved on a motion made by Councilman Ames and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-208 authorizing a contract with Excavators & Constructors, Inc. in the amount of$500,986.18 for the proposed water main to service the Southeast Beaumont Area and the Annexed Area, Phase II to improve the water supply and distribution to the expanding prison complex area with MBE participation estimated at 46% was approved on a motion on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None Councilman Davis expressed commendation for especially good MBE participation in this project. Mayor Moore requested information about the expected construction procedures and the effect on neighborhoods. He voiced concern that citizens are often inconvenienced with dificulty getting to and from their homes during construction phases and experiencing utilities out of service for extended periods of time after a contract is awarded and Council having no recourse or avenue of assistance to the citizenry. The City Attorney explained that to avoid some of these problems, explicit construction expectations should be outlined in bidding specifications at the beginning of a project. Mayor Moore encouraged including details in bid specifications, closer observance of contractor habits during construction and providing Council with progress reports so they may be able to answer questions asked by residents. 277 September 10, 1996 Resolution No. 96-209 authorizing Change Order No. 3 in the amount of$127,822.44 to reflect actual quantities used to the contract with Excavators &Constructors, Inc. for construction of the Liberty/Laurel Phase II Project and final payment in the amount of$267,588.48 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-210 authorizing a contract with Marco Environmental West, Inc. In the amount of $76,016.00 for removal and disposal of asbestos materials from the vacant White House building located at 720 Orleans was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Davis requested that Department Heads be in Council attendance if they have agenda items to be presented for consideration to answer any questions Council might have and asked that we prayerfully remember the Lewis family, said he has visited with the family and they are going through a rough time experiencing the grief in the loss of Lawrence Lewis. Mayor Moore thanked Councilman Davis for the time he has spent with Lewis family and said he also spoke with them last week. Mayor Moore congratulated members of the South Park Neighborhood Association in the dedication of their second beautification project. -000- Mr. Charles Johnson, 5080 Helbig Road, addressed Council to report that the flashing light between Helbig Road and McHale intended to slow traffic for the safety of school children is not functioning, said there is excessive speeding and requested a Police Officer patrol the area, said all his efforts are going to be toward institution of a Police Civilian Review Board and questioned if Councilman Davis' is a member of the Plymouth Village Board of Directors. Councilman Davis answered that he would like to serve on the board, but has not received an offical appointment. Mr. Ivory Pugh, 5750 Stanford, spoke of the recent death of the young man (Lawrence Lewis)whom he said "went down with the Police Officers" and recited his version of the Scripture referencing wicked people sitting on high, continued to speak of wrong doing, claimed no one was doing anything about the matter as with his child, addressed comments made by the mayor in a television interview and asked if he was paid to speak. Mayor Moore informed Mr. Pugh that no one paid him, nor could they pay him to speak his feelings. He told Mr. Pugh there is an investigation in progress concerning Lawrence Lewis and because of Mr. Pugh's pending lawsuit, he cannot discuss the matter of Mr. Pugh's son. Mr. Pugh responded with comments about a warrant and 278 September 10, 1996 challenged an explanation from Mayor Moore, who again reminded Mr. Pugh of the pending litigation. Mr. Allen Lee, 5095 Maddox, said he's heard a lot about taking a village to raise a child and that it also takes a village to protect a child. He charged that neither Councilman Davis or Mayor Moore went to the funeral (Lawrence Lewis) or sent flowers, but claimed that he did. Mr. Lee announced that the Police Department will be picketed on Tuesday, September 17, from 9:00 a.m. to 12:00 p.m. and said Chief Scofield has to go, spoke of going to the head to kill a snake, claimed Chief Scofield dumped 300 pounds of cocaine in the community, said anyone receiving a salary from the City of Beaumont is subject to drug screening, continued to make derogatory remarks about the Black community being scared, being pushed out of jobs and the Police Department killing young people in the streets and a Civilian Review Board. Mr. Lee proceeded with comments about filing against the City in federal court, called Judge Cobb, the Police Department and District Attorney Maness racist, again announced picketing at the Police Station and then attending City Council meeting to express views, said only 10% of citizens voted in the last election, commented that a bridge is named after Maury Meyers, and the only thing that should be named after him is the local sewage treatment plant, made derogatory remarks about Mr. Meyer's being a master and complained that the new library will not be named after Elmo Willard. After Mr. Lee's time to comment expired, he continued to express opinions about Police personnel, the planned picket and was asked to please cease his comments; he left the podium, but continued to speak from the back of the auditorium and charged that Mayor Moore uses cocaine. Mayor Moore rebuffed Mr. Lee's remarks. Councilman Davis interjected that something has to be done about conduct in Council and suggested a workshop session on how to deal with this level of behavior as soon as possible. Mr. Tony Jones, 3715 East Lucas, told Mayor Moore that more than 70% of Beaumont voters, representing a cross section of residents, elected him, said he would like to see a permanent structure at the downtown bus transfer point with proper Henry Dannenbaum signage, spoke of improper access for wheel chairs, suggested curb cuts or removal of the median, said more concrete pads are needed on the Liberty side, and reported that the ditch at 508 Garland is still filled with stagnant water that is breeding insects and asked that the citizen comment portion of Council meetings not be removed. Mr. Lynn DeMary, 430 East Elgie, on behalf of the South Park Neighborhood Association, thanked Mayor Moore for his kind remarks at the beautification dedication about Ruth Naumczik, thanked the At-Large Councilmembers for their attendance and distributed copies of the Citizens On Patrol Summary Reports for the month of August. From the audience, Mr. Charles Johnson solicited attendance at the football games on Saturday at Babe Zaharias Park. 279 September 10, 1996 Mayor Moore said he did not know that former Mayor Meyers was in the audience until the cameraman moved aside and explained that Council tries to temper their tongues and speak as well as possible in communicating feelings. He said that it is very difficult when people publicly stand and blatantly lie, and that he has reached a point of considering personal suits because defamation of character should not have to be tolerated. Mayor Moore said he know drugs kill and can tear up a good mind, but does not know that personally because he is not a drug user and never has been and challenged Mr. Lee to bring forward anybody that could prove that claim. Mayor Moore acknowledged that there is a family in pain, a family that is hurting (Lewis family) and said he sympathises with them, said that he was not in Beaumont at the time of the funeral, but did telephone the family. Mayor Moore reiterated to the City Attorney that he is very serious in consideration of filing a lawsuit, asked for legal counsel regarding his position and whether he should consult a private attorney. Mayor Moore expressed apologies to Mr. Meyers and reflected about his comment regarding sadness at the loss of a young man's life, but said it is good an investigation is taking place and that he hopes the investigation goes to the degree of discovery of where the substance (drugs) was brought into the picture and who was responsible for giving it to the young man and how did they leave him. He said like that young man others will be victimized, and as a community we need to look at what we can do to prevent these kinds of happenings. Mayor Moore said that if one knows of something wrong, remember that silence kills; it is time for everybody to speak up, but speak up correctly and truthfully and let our mission be to eliminate drug traffic in our community and enticement of young people. -000- There being no further business, the meeting was recessed to conduct an executive session. -000- 1, Patrice Fogarty, 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 September 10, 1996. Patrice Fogarty City Clerk 280 September 10, 1996