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HomeMy WebLinkAboutMIN FEBRUARY 18 1997 SIC I N U 7T E S - CITY OIL IBEAUMON T Lulu L.Smith DAVID W. MOORS, MAYOR Andrew P.Cokinos, Mayor Pro Tem Guy N. Goodson CITY COUNCIL MEETING Becky Ames John K. Davis FEBRUARY 18, 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 February 18, 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 Comments: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:40 p.m. The Reverend Larry Selvey, Northside Church of Christ, gave the invocation. Mr. Alex Broussard led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, 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. Mrs. Mable Turner, a representative for The Dow Chemical Company, and Mr. Skylar Thompson, representing Market Basket Stores, joined with the City of Beaumont in presenting trophies to local radio stations for participation in the City's "Talking Trash Campaign." Top awards as "AM Recycler of the Year" went to radio stations KLVI--first place; KGHN--second place; and KOLE-- third place; for efforts to keep greeting cards out of landfills during a two-week collection period following the Christmas holidays. Two proclamations were issued: "National Sales Month," February, 1997; and "National Engineers Week," February 16-27, 1997. • Citizens were invited to comment on the Consent Agenda or Main Agenda Items 1, 1-14. Mr. Buddy Hebert, 295 North Parkway Drive, spoke in support of Agenda Item 14 authorizing construction of a conservatory at the Beaumont Botanical Gardens at Tyrrell Park and complimented members of the Garden Club for their unwavering work in beautifying Tyrrell Park. Because of apparent keen citizen interest, Mayor Moore requested that Agenda Item No. 14 be placed at the beginning of the agenda for consideration. Mr. Randy Hammerling (715 Bancroft), representing the Garden Club, addressed Council in support of Item 14 and explained that the Garden Center's name was changed to the Beaumont Botanical Gardens in 1996, reported visitor attendance figures and other statistical information, named various plants that will be displayed, discussed various levels of financial participation and cost of the conservatory project, celebration of their 25th anniversary, and expected dedication day of September 7, 1997 for the conservatory. Mr. Lynn DeMary, 430 East Elgie, spoke in support of Agenda Item 10 for construction of the 23rd Street Pavement Widening Project, Item No. 13 nominating an area as an Enterprise Zone, and Item 14 authorizing construction of a conservatory at the Botanical Gardens. Mrs. Brenda Spivey, 6010 Chandler, spoke in support of Agenda Item 13 nominating an area as an Enterprise Zone, the possible benefit of additional employment and suggested broadening the zone request, if possible, and spoke in support of Item 14 and the beauty a botanical garden will bring to Tyrrell Park. Mr. Bob Whitman, chairman of the conservatory project, displayed the artist's rendition and land site plan for the Botanical Gardens planned for Tyrrell Park. He spoke of a waterfall, reflecting pool, a prehistoric house and replicas of moving dinosaurs and solicited Council support of the project. The following consent agenda items were considered: Approval of the minutes of the February 11, 1997, meeting; Confirmation of committee appointments - Resolution No. 97-26; A. Approve contracts and change orders 1) Approve annual contracts for the purchase of asphalts, oils and emulsions for the Streets and Drainage Division - Resolution No. 97- 27; 2) Approve an annual contract with Coburn Supply Company for the purchase of manholes, manhole covers and sewer line repair materials for use in the Water Utilities Department - Resolution No. 97-28; Minutes;2/18/97;Page 2 3) Approve Change Order Number One to the contract with Allco, Inc. for furnishing and installing two traveling water screens at the Water Production Plant - Resolution No. 97-29; B. Authorize property acquisitions 1) Authorize the acquisition of property for the FM 364/Major Drive Project - Resolution No. 97-30; 2) Authorize the acquisition of property for a drainage easement - Resolution No. 97-31; 3) Authorize the acceptance of a Street Easement for the Comstock Road right-of-way - Resolution No. 97-32; C. Authorize the execution of various license agreements 1) Authorize the execution of a License to Encroach Agreement with St. Elizabeth Hospital - Resolution No. 97-33; 2) Authorize the execution of a License Agreement with APAC-Texas, Inc. - Resolution No. 97-34; D. Authorize the Police Department to apply for and accept if awarded a grant from the Criminal Justice Division of the Office of the Governor for a case specialist for the Domestic Violence Unit - Resolution No. 97-35; E. Approve the appointment of Bobby Ortego as an Assistant City Attorney - Resolution No. 97-36; Councilmember Smith moved to approve the consent agenda. Mayor Pro Tem Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None City Attorney Lane Nichols introduced and welcomed Mr. Bobby Ortego as the new Assistant City Attorney that will serve as prosecutor for Municipal Court. Mr. Nichols said that Mr. Ortego is a Beaumont native and Lamar University graduate. Mr. Ortego thanked Mr. Nichols for the opportunity to serve the City of Beaumont and said he is thrilled to give service back to the community. Minutes;2/18/97;Page 3 GENERAL BUSINESS (At the request of Mayor Moore Agenda Item No. 14 was considered first.) 14. Consider authorizing the construction of a conservatory at the Beaumont Botanical Gardens located at Tyrrell Park Councilmember Smith moved to adopt Resolution No. 97-37 authorizing the Beaumont Council of Garden Clubs to expand the Beaumont Botanical Gardens (renamed last year from the Garden Center in Tyrrell Park) by constructing the Warren Loose Conservatory near the 11th tee of the Golf Course. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 1. Adopt an ordinance calling the General Municipal Election to be held May 3, 1997, for the purpose of electing councilmembers to Wards I, II, III, and IV Mayor Pro Tem Cokinos moved to adopt Ordinance No. 97-7 , entitled AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 3RD OF MAY, 1997, FOR THE PURPOSE OF ELECTING WARD COUNCILMEMBERS FOR WARDS 1,11, 111,AND IV; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION;DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; ORDERING A RUNOFF ELECTION IF NECESSARY TO BE HELD ON THE 17TH DAY OF MAY, 1997;PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT NAVIGATION DISTRICT;AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 2. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to CM (Commercial Manufacturing (District for property located along the south side of Fannett Road near LaBelle Road Councilmember Smith moved to adopt Ordinance No. 97-8, 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 Minutes;2/18/97;Page 4 CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO CM (COMMERCIAL MANUFACTURING)DISTRICT FOR A TRACT OF LAND ALONG THE SOUTH SIDE OF FANNETT ROAD 450' SOUTHWEST OF LABELLE ROAD, 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 Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 3. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) for property located at 3105 through 3155 Milam Mayor Pro Tem Cokinos made a motion to adopt Ordinance No. 97-9, 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 3105-3155 MILAM, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 4. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located at 1232 Euclid An Ordinance 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 RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) FOR PROPERTY LOCATED AT 1232 EUCLID IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY,was introduced. At the Joint Public Hearing held February 3, 1997, the Planning Commission recommended denial of the zone change. Councilmember Patterson moved to deny the Minutes;2/18/97;Page 5 ordinance. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 5. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located east of Major Drive at the end of Pecan Drive Mayor Pro Tem Cokinos moved to adopt Ordinance No. 97-10; ENTITLED AND 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR A TOWNHOUSE DEVELOPMENT IN BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 6. Consider a request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1685 Park Street Councilmember Smith moved to adopt Ordinance No. 97-11; ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN AREA ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1685 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 7. Consider a request for a specific use permit to allow the expansion of an existing cemetery in an RCR (Residential Conservation and Revitalization) District on Pine Street between Elm and Isla Minutes;2/18/97;Page 6 Mayor Pro Tem Cokinos moved to adopt Ordinance No. 97-12; ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO MAGNOLIA CEMETERY TO ALLOW EXPANSION OF AN EXISTING CEMETERY LOCATED IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT ON PINE STREET BETWEEN ELM AND ISLA STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 8. Consider a request for a specific use permit to allow the operation of a vehicle paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1275 Harrison An Ordinance ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF A VEHICLE PAINT AND BODY SHOP IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 1275 HARRISON, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, was introduced. At a Joint Public Hearing held February 3, 1997, the Planning Commission recommended denial. Councilmember Ames moved to deny the ordinance. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 9. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 6955 College Street An Ordinance ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN AN AREA ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6955 COLLEGE STREET,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS, was introduced. Councilmember Goodson raised questions concerning the Specific Use Permit limiting hours and times of operation, neighborhood concerns, planned sports activity location on property, proximity to apartments, and necessity for action today. Other Council questions included type of buffer zone and fencing and specific type of operation. Minutes;2/18/97;Page 7 To gain additional information to fully answer Council questions and to detail hours and days of operation, Mayor Moore asked that this item be deferred for two weeks. (Councilmember Goodson left the Council Chambers at 2:30 p.m.) 10. Consider authorizing the execution of a contract with Excavators & Constructors, Inc. for the construction of the 23rd Street Pavement Widening Project from Laurel to Calder Mayor Pro Tem Cokinos moved to adopt Resolution No. 97-38 authorizing a contract in the amount of$386,537.08 with Excavators & Constructors, Inc. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None (Councilmember Goodson returned to the Council Chambers at 2:32 p.m.) 11. Consider the purchase of two refuse trucks for use in the Solid Waste Management Department Mayor Pro Tem Cokinos moved to adopt Resolution No. 97-39 authorizing purchase of two rear loading refuse trucks from Lone Star Truck Center in the amount of $97,670. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 12. Consider authorizing the execution of financing agreements for the purchase of six pieces of equipment Councilmember Smith moved to adopt Resolution No. 97-40 authorizing financing agreements provided by Members Bank Leasing of Des Plaines, Illinois, at an interest rate calculated at 100 basis points below the yield of the 5 7/8% Coupon Treasury Note for purchase of three 100 ton air conditioning units, two knuckle boom Minutes;2/18/97;Page 8 loader trash trucks and one cab and chassis equipped with a recycling body. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 13. Consider an ordinance nominating an area as an Enterprise Zone for State designation Mayor Pro Tem Cokinos moved to adopt Ordinance No. 97-13 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 312); AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONE DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None Councilmember Davis said that job training is a critical factor, that Council should assume responsibility for monitoring activities, and that broadening the area should be considered if a better employment climate would subsequently be created. Discussion prompted Mayor Moore to request that reinvestment zone and tax increment zone information be supplied to Council in a workshop session in the near future. COMMENTS * Councilmembers comment on various matters Councilmember Davis told staff members Beverly Hodges, Bob Pearce, and Kyle Hayes that he would be interested in reviewing any reinvestment zone possibilities within the Charlton-Pollard neighborhood or the Magnolia Street area and Minutes;2/18/97;Page 9 commented about information provided to him, as a member of the audit committee, by the CPA, his concern about one item being addressed and requested that the City Manager inform him of any action taken as soon as possible. The City Manager responded that action has already been taken and will be confirmed in writing. Councilmember Goodson apologized for not being in the Council Chambers during action taken on Agenda Item 10 authorizing a contract for construction of the 23rd Street Pavement Widening Project and wanted his vote of approval and support to be public knowledge. Councilmember Goodson reported that he and Mayor Pro Tem Cokinos attended Judge Joe Fisher's First Annual Fiesta breakfast benefiting the Schlesinger Center this morning, said he was unable to attend TCB's Blazing Trails Across Texas, but heard it was a wonderful affair, complimented the Young Audience Chocolate-Fest held at lunch time today and announced that two public hearings will be held regarding the Community Development Block Grant funds on Wednesday and Thursday evenings at 7:00 p.m. at the Civic Center and that the City's liaison, Johnny Beatty, may be contacted at 880-3768 for additional information. Mayor Moore commented that information regarding Community Development Block Grant opportunities is very important and this being a participatory type of government in which Staff interacts with the citizenry. Mayor Moore said the ground breaking for the new Elmo Willard Library was tremendous and thanked Maurine Gray and members of the Library Commission for all the preparation involved in the success of the event. He shared that the ground breaking was a milestone event because of the strategic selection site of the library, for whom it is being named and the broad level of participation. Also, Mayor Moore said there was a very nice reception held last night for Mr. Josh Allen, who served for the last four years on the Board of Criminal Justice. He stated that recognition to Mr. Allen was given by City Council and Commissioner's Court and hosted by Lamar University. Mayor Moore added congratulations to Paradise Missionary Baptist Church for their outstanding Black history program presented last Sunday in which Dr. Carroll Thomas, Dr. Shaw and he participated. He said the young children presented an impressive program. Also, Mayor Moore encouraged everyone to support our two local basketball teams that will be participating in playoffs tonight--the West Brook Bruins and Central High School Jaguars. Councilmember Smith congratulated the Garden Club for their achievement, said the Warren Loose Conservatory will be a fantastic facility, expressed appreciation for their efforts in beautifying the area and said it will become an even greater tourist attraction. * Public Comment (Persons are limited to 3 minutes) Minutes;2/18/97;Page 10 Mrs. Paubla Ydrogo, 1590 Gilbert, thanked Council for assisting the Neighborhood Association of the Avenues, announced that their next project will be a paint-a-thon in cooperation with David Oliver of the Clean Community Division. There being no further business, the meeting adjourned at 2:57 p.m. Cia=yor David W. Moore Patrice Fogarty, Ci,y/Clerk Minutes;2118197;Page 11