The URL can be used to link to this page

Home My WebLink AboutMIN NOV 25 1997 M I N U T E S > CITY OF BEAU ONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames,Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis NOVEMBER 25, 1997 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on November 25, 1997, 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 Moore called the meeting to order at 1:37 p.m. The Reverend Ralph Martin, Grace Baptist Church, gave the invocation. Mr. Allen Lee led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson , Cokinos, Davis, and Patterson . Also present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. Presentations and Recognition - No proclamations or presentations were made. *Public Comment: Citizens were invited to comment on the Consent Agenda and Main Agenda Items 8 and 9. No one wished to address these subjects. CONSENT AGENDA The following consent agenda items were considered: * Approval of the minutes of the regular meeting held November 18, 1997; * Confirmation of committee appointments - Resolution No. 97-302 A) Authorize compensation to the City Attorney, City Clerk, and City Manager - Resolution No. 97-303 B) Authorize the execution of a Pipeline Easement (Mobile Oil Corp., 8 in. Pipeline on tract out of the Christian Hillebrandt Survey for $83,004) - Resolution No. 97-304 C) Approve the purchase of a twenty passenger bus for use in the Central Services Department's Community Resource Program (Hemphill Bus Sales, Inc., $61,328) - Resolution No. 97-305 Councilmember Smith moved to approve the Consent Agenda. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a zone change from NC (Neighborhood Commercial) to GC-MD (General Commercial-Multiple Family Dwelling) for property located at 3102 Park Street Addition Councilmember Patterson moved to approve Ordinance No. 97-59 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 NC (NEIGHBORHOOD COMMERCIAL DISTRICT)TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING DISTRICT) FOR PROPERTY LOCATED AT 3102 PARK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 2. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) to NC (Neighborhood Commercial)for property located at the southwest corner of Gladys Avenue and Galway Drive Mr. Riley introduced an ordinance with a recommendation for denial by the Planning and Zoning Commission 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 DISTRICT)TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT)FOR PROPERTY LOCATED AT 8155 GLADYS IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Minutes;11 /25197;Page 2 Councilmember Goodson raised discussion regarding three (3) favorable responses to the zone change, opposition concerns at the public hearing of incompatibility of an all NC district with a residential neighborhood, lack of existing limitations of present zoning classification with provision for either single family or multi-family structures in an RM-H district, commercial permitted uses vs specific use permits, Mr. Streety's (the applicant) request for the change for marketing purposes only, and questioned if denial of this ordinance would negate Mr. Streety's ability to reapply under new proposed classifications or would the 12-month regulation hold firm. Planning Director Steve Richardson reported that an applicant would not be able to reapply within one year for the same request, but could submit a different request. Councilmember Smith moved to deny the ordinance. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Cokinos, Davis, and Patterson Noes: Councilmember Goodson 3. Consider a request for a zone change from HI (Heavy Industrial) to RM-H (Residential Multiple Family Dwelling-Highest Density) for property located south of Fannin between Goliad and the Santa Fe Railroad right-of-way Councilmember Smith moved to adopt Ordinance No. 97-60 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 HI (HEAVY INDUSTRIAL DISTRICT) TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY DISTRICT) FOR PROPERTY LOCATED SOUTH OF FANNIN BETWEEN GOLIAD AND THE SANTA FE RAILROAD RIGHT-OF- WAY, BEAUMONT, JEFFERSON COUNTY, TEXAS, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider a request for a zone change from LI (Light Industrial) to RS (Residential Single Family Dwelling), RCR(Residential Conservation and Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) for various properties located between Calder and Evalon and First and Third, Fourth and Fifth Street Councilmember Smith moved to adopt Ordinance No. 97-61 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR Minutes;11/2%7;Page 3 THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED AS LI (LIGHT INDUSTRIAL DISTRICT) TO RS (RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT), RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) AND GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING DISTRICT)FOR PROPERTY LOCATED GENERALLY BOUNDED BY CALDER ON THE SOUTH, EVALON ON THE NORTH, 1ST STREET ON THE EAST AND 3RD,4TH AND 5TH STREETS ON THE WEST, BEAUMONT, JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. Consider a request for a specific use permit to allow a dog and cat grooming shop in a GC- MD (General Commercial-Multiple Family Dwelling) DISTRICT at 2411 Calder Avenue Councilmember Cokinos moved to approve Ordinance No. 97-62 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DOG AND CAT GROOMING SHOP IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING DISTRICT)LOCATED AT 2411 CALDER AVENUE, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 6. Consider a request for a specific use permit to allow a duplex in an RS (Residential Single Family Dwelling) DISTRICT at 1970 Harrison Councilmember Smith moved to approve Ordinance No. 97-63 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT AT 1970 HARRISON,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 7. Consider a request for a specific use permit to allow a child day care center in an RCR (Residential Conservation and Revitalization) DISTRICT at 860 Live Oak Avenue Minutes;11/25/97;Page 4 Councilmember Cokinos moved to approve Ordinance No. 97-64 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD DAY CARE CENTER FOR 29-35 CHILDREN IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT)LOCATED AT 860 LIVE OAK AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 8. Consider approving the purchase of a sewer cleaning machine for use in the Streets and Drainage Division/Public Works Councilmember Cokinos moved to approve Resolution No. 97-306 authorizing purchase of a Vactor 2110 Combination Catch Basin Sewer Cleaning Machine in the amount of $178,584.48 through the Houston-Galveston Area Council. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 9. Consider authorizing the execution of contracts related to the Rental Housing Rehabilitation Program Councilmember Davis moved to approve Resolution No. 97-307 authorizing execution of contracts for the ten Rental Rehabilitation pending applications. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None OTHER BUSINESS * Report from Lamar University Industrial Technology Department related to its 1997 Photometric Index/Litter Analysis Ray Bragg, Project Manager of the 1997 Photometric Index Project Team from Lamar University, Monty Benningfieid, Jason Guidry, Dean Jones, Homer Lindsay, Trey Rienstra, Tim Storbeck, Marcus Tomlinson and Michael Tran, under the guidance of Professor Gates, performed a study to measure changes in litter accumulation in Beaumont. Results of this Minutes;11/25197;Page 5 project aids the Keep Beaumont Beautiful Commission and the Clean Community Division in educating citizens about litter and providing incentives and solution for litter reduction in the community. This year's report found a 26% increase in litter compared to last year. Streets and vacant lots are cleaner, but there is more trash beside roads, in areas around loading docks and garbage bins and in parking lots. Recommendations from the team include: 1)an ordinance requiring dumpsters to be enclosed by a containment wall; 2) city- sponsored permanently installed trash containers located on major arterial streets; 3) strong enforcement of litter laws; 4) state-sponsored lottery advertising including a strong anti-litter message; 5) continue anti-litter messages to young people in schools; 6) large capacity city-sponsored recycling bins placed in high traffic parking lots; 7) increase awareness through city sponsored public service announcements; 8) keep owners of vacant lots accountable for litter removal in the same manner as they are accountable for mowing; and 9) increase public awareness of the amount of taxpayer dollars spent to keep our community clean. Councilmembers thanked the Lamar students for their report and commented about the positive image of a clean community on visitors and potential relocation and start-up of businesses. Councilmember Davis questioned date of proposed neighborhood cleanup activities and challenged the Clean Community Division to look at our ordinance and formulate an action plan to make our community cleaner. COMMENTS * Councilmembers comment on various matters: Councilmember Davis wished council, staff and citizens a happy and safe Thanksgiving holiday, thanked those who have called, sent faxes and other forms of communication about the library naming situation, and told the City Manager, City Attorney and City Clerk that he hopes they feel things are going in the right direction, feel comfortable with passage of the item on today's agenda and will work to make Beaumont a better place. Councilmember Patterson added wishes to everyone for the Thanksgiving holiday and congratulated entrepreneurs who have recently opened businesses and wished them success in their operations and growth within the city. Councilmember Goodson expressed thanks to the organizers of the Family Celebration held last Saturday, recognized the great value of volunteers and added comments about the number of businesses opened in Beaumont. Councilmember Smith reported that the Family Celebration was very successful with over 2,500 in attendance, said all organizations involved were very pleased and congratulated city employees for a significant contribution to the Rainbow Room last week. Minutes;11 125197;Page 6 Councilmember Smith explained that when the Mayor's secretary, Barbara Otto, was contacted regarding a proclamation for the group, she saw an opportunity for City of Beaumont employees to contribute to children and contacted department heads and employees to begin a drive to help supply needed items for the Rainbow Room. Councilmember Smith explained the work of the Rainbow Room with Child Protective Services and reported that City of Beaumont employees filled six (6) 90-gallon containers with items that included clothing, diapers, formula, shampoo, personal items, socks and undergarments plus a contribution of $500 to assist with other needs and expressed appreciation for this unified effort of giving and leadership. Mayor Moore added that Beverly Hodges assisted Barbara Otto in co-chairing the drive and said there was an overwhelming response by all employees and thanked First Lady Laura Bush for being present to cut the ribbon for opening of the Rainbow Room. Mayor Moore thanked Councilmember Smith and other committee members for success of the Family Celebration, congratulated Texas Commerce and Community Bank for the breakfast held this morning and extended Thanksgiving greetings. The City Manager reported that improvements on Dowlen Road have been completed, the traffic signal at Westridge and Dowlen Road is functioning, the work on FM105 is being finished and all barricades will be removed tomorrow afternoon. * Public Comment (Persons are limited to 3 minutes) Mr. Allen Lee, 5095 Maddox, addressed Council to state that there is a petition for term limits City Council, read a portion that said, "This petition is for establishing a term limitation for mayor and city councilmembers. Article IV of the Charter of the City of Beaumont, Texas, shall be amended in part by adding Section 4a, that no person who has already served three full terms be eligible to file for that same office." Mr. Lee requested that Council take opportunity to discuss and place the item on the ballot before next January. If the item is not placed on the ballot by Council, the petition will be filed. He said there is a lot of public support, is modeled after the one presented by Houston, and said there is a lot of malfeasance in the City of Beaumont. Mr. Lee also said there have been over 650 complaints against the Police Department from 1993 to 1996, spoke of the number of citizens who previous signed a petition for a Civilian Review Board, said Beaumont is the only city of its size in Texas with a decline in population, added remarks about his view of a street user fee for those working in Beaumont and residing outside the city limits, quoted the Ladies Home Joumal as stating that Beaumont is one of the ten worse cities in America in which to live and extended holiday greetings to council and staff. Mr. Robert Preston, 1190 Iowa, addressed Council to complain about the Police Department, spoke of submitted complaints to the City Clerk's office about police personnel and submitted a photograph of a police officer in a previous council meeting for review, said Minutes;11/2597;Page 7 he was informed that criminal statutes, specifically criminal trespass and criminal mischief, passed by the State of Texas are not enforced in Beaumont, requested a written statement from Council that these laws have been repeal in Beaumont and further added comments about legal gambling and prostitution in the past and events of hearings. EXECUTIVE SESSION *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Claim of Carlos Johnson There being no further business, the meeting adjourned at 2:36 p.m. to reconvene in executive session. (a - )X, rR"� L�=f Mayor David W. Moore Patrice Fogarty, C Clerk Minutes;11!25197;Page 8