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Home My WebLink AboutMIN JUNE 08 2004 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson June 8, 2004 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on June 8,2004, 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 2-6/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor Castile Colbert, Sr. of The Gospel of Jesus Christ Church gave the invocation. Steven Maxwell of Boy Scout Troop 213 led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present atthe meeting were Mayor Lord,Mayor Pro Tem Ames,Councilmembers Smith,Beaulieu, Cokinos, Samuel and Patterson. Also present were Kyle Hayes,City Manager; Lane Nichols, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1. Ivory Williams Day- Proclamation read by Mayor Lord proclaiming May 14, 2004 as "Ivory Williams Day"; accepted by Ivory Williams 2. Black Music Month-Proclamation read by Councilmember Patterson proclaiming the month of June as "Black Music Month"; accepted by representatives from Golden Triangle Mass Choir, The Spiritual Five, Barbara Lynn, Jazz Innovators, The Band, Billy Pollard and the Zydeco and Carl Stewart and Stereo 3. Management Week- Proclamation read by Mayor Pro Tern Ames proclaiming the week of June 6-12 as"Management Week";accepted by Wanda LaFleur, President of the National Management Association Chapter Minutes-June 8,2004 Public Comment: Persons may speak on scheduled agenda items No. 2-6/Consent Agenda. Allen Lee 5095 Maddox Street Beaumont TX Item#6: Stated the terms used in the Guidelines for Decorum should be clearly defined and that the Guidelines are a waste of time Dean Tucker 2570 Laurel Avenue Beaumont TX Item#6: Council should receive respect but stated thatthe guidelines should be more lenient to respect the Right for Freedom of Speech Alice Ramsey 3440 Goliad Street Beaumont TX Item#6:Stated that everybody should have Freedom of Speech and asked thatthis right not be taken away from the people Carla Bassett 4355 Coolidge Street Beaumont TX Item#6: Need to speak out should be honored but it should be done with respect to one's self and to others Mark Williford 6395 Westgate Beaumont TX Item#6: States that the need for these guidelines creates suspicion, restated the need for Ethics Commission and term limits for city officials CONSENT AGENDA Approval of minutes- Minutes of June 1, 2004 Confirmation of committee appointments - None A) Approve an asbestos abatement contract forwork at Police Headquarters-Resolution 04- 125 B) Approve a contract for installing new carpet and vinyl floor tile at Police Headquarters - Resolution 04-126 C) Approve a one (1) year contract for sanitary sewer manhole sealing - Resolution 04-127 D) Authorize a reimbursementto Millennium Pipeline Company, L. P.forthe adjustmentof their facilities on FM364/Major Drive - Resolution 04-128 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. Page 2 of 8 Minutes-June 8,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1) Consider approving a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District at 1901 Park Street Administration recommends denial of the specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization)District at 1901 Park Street. Patty Lee, Executive Director of Watts Home, Inc. requested a specific use permit to allow a residential care facility in an existing structure at 1901 Park. The facility will be used as an extension of their current facility at 695 Irma. That property received a specific use permit in 1997. Watts Home would like to house 18 men that have lived at the Irma facility and have practiced the Watt's Home's"family living style program" but still cannot go home or live by themselves. Ms. Lee states that they will continue to have their tenants practice good life skills. At a Joint Public Hearing held May 17, 2004, the Planning and Zoning Commission voted 5:1 to deny a specific use permit to allow a residential care facility in an RCR District at 1901 Park Street. On May 25, 2004, City Council tabled action on this specific use permit until the meeting of June 8, 2004. Councilmember Samuel moved to DENY GRANTING A SPECIFIC USE PERMITTOALLOW A RESIDENTIAL CARE FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT LOCATED AT 1901 PARK STREET IN THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2) Consider amending Ordinance No. 03-082 relating to the structure located at 2155 Forrest - Ordinance 04 - 040 Page 3 of 8 Minutes-June 8,2004 At the request of the Clean Community Director, John Labrie, Administration recommended that the condemnation order for the structure located at 2155 Forrest be reconsidered by Council to allow a new property owner to rehabilitate it. The structure was brought before City Council on October 28, 2003 with staff's recommendation of a raze or repair order. The property owner was given 120-day work agreement to complete repairs. The property changed ownership on January 10, 2004 to Bobby and Heather Morgan. Because of the ownership change, staff allowed the new property owners to enroll in a work agreement for 60 days to show substantial work or completion. Additional time was requested to allow the owners time to complete the work. Following recommendation from Council, staff will enroll the new owner in a work program and monitorthe progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period,the structure will be demolished without any further notification to property owner or Council action. COuncilmember Smith moved tO ADOPTORDINANCE 04-040 AMENDING ORDINANCE 03- 082 TO REMOVE THE STRUCTURE LOCATED AT 2155 FORREST FROM SECTION 1 AND SECTION 3 AND ORDER THAT THE STRUCTURE AT 2155 FORREST BE DEMOLISHED OR REPAIRED WITHIN 120 DAYS. Councilmember Beaulieu seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider amending Ordinance No.04-030 relating to the structure located at 3491 W. Euclid- Ordinance 04-041 At the request of Councilperson Bobbie Patterson, Administration recommended that the condemnation order for the structure located at 3491 W. Euclid be reconsidered by Council to allow property owner, Morris Jones, Jr., to rehabilitate it. The structure was brought before City Council on May4,2004 with staff's recommendation of a raze order. There has not been anywork conducted on the structure since 2000. On May 24, 2004, Morris Jones called staff and stated that he wanted to rehabilitate the structure. [Agenda Items 3, 4 and 5 were combined as they pertained to the same ordinance,] 4. Consider amending Ordinance No.04-030 relating to the structure located at 2925 Harriot- Ordinance 04-041 At the request of Councilperson Bobbie Patterson, Administration recommended that the condemnation orderforthe structure located at 2925 Harriot be reconsidered by Council to allow property owner, Genevieve Mays Comeaux, to rehabilitate it. Page 4 of 8 Minutes-June 8,2004 The structure was brought before City Council on May 4,2004 with staff's recommendation of a raze order. Executor of Will, Winfred Mays, had previously enrolled in a Work Repair Program in September2003. A permitwas neversecured. There is extensive structural and foundation problems with the structure. 5. Consider amending Ordinance No.04-030 relating to the structure located at4730 Avenue A (Garage Apartment) - Ordinance 04-041 At the request of Councilperson Bobbie Patterson, Administration recommended that the condemnation order for the structure located at 4730 Avenue A (Garage Apartment) be reconsidered by Council to allow son of new property owner, Herman Boles,to rehabilitate it. The structure was brought before City Council on May 4,2004 with staff's recommendation of a raze order. Mr. Herman Boles, son of new property owner, was told by staff on the telephone to bring in the proper paperwork of new ownership and to appear before City Council on May 4, 2004. Mr. Boles was also mailed a certified letter indicating the council meeting date. Neitherthe previous owner,Sam Gibson, nor Mr. Boles appeared before the Council on May 4th. Following recommendation from Council, staff will enroll the owners in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. Councilmember Patterson moved to ADOPTORDINANCE 04-041 AMENDING ORDINANCE 04-030 TO REMOVE THE STRUCTURES LOCATED AT 4730 AVENUE A(GARAGE APARTMENT); 3491 W. EUCLID; AND 2925 HARRIOT FROM SECTION 1 AND SECTION 3 AND ORDER THAT THE STRUCTURES AT 4730 AVENUE A (GARAGE APARTMENT); 3491 W. EUCLID; AND 2925 HARRIOT BE DEMOLISHED OR REPAIRED WITHIN 120 DAYS. Councilmember Smith seconded motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider adopting "Guidelines for Speakers and Others in Meetings of Beaumont City Council and Commission Meetings" - Resolution 04-129 Discussion was held among Councilmembers with recommendations and changes to the Guidelines as submitted. It was the consensus of Council to make these changes and adopt the new Guidelines as modified. Councilmember Beaulieu moved to APPROVE RESOLUTION 04-129 TO ADOPT THE GUIDELINES FOR SPEAKERS AND OTHERS IN MEETINGS OF BEAUMONT CITY COUNCIL AND COMMISSION MEETINGS WITH THE CHANGES AS INDICATED. Councilmember Smith seconded the motion. Page 5 of 8 Minutes-June 8,2004 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORKSESSION 2:45 p.m. - 3:05 p.m. Review Water and Sewer Projects and a proposal forthe issuance of Water Revenue Bonds Tom Warner, Public Works Director,conducted the workshop by presenting a slide showon the Water and Wastewater Capital Improvement Program. This program included water projects from 2000 to the present including progress status,expenditures,funding balances and estimated costs to finish. Capital improvement funding program was presented which included proposed bond sales for the next three years. This would increase the water/wastewater rates for next year by approximately 5% the first year and 4% for the following two years. COUNCILMEMBER COMMENTS COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL- COMMUNITY ANNOUNCEMENT COUNCILMEMBER PATTERSON - CONGRATULATIONS TO IVORY WILLIAMS AND ALSO TO ALL THE HONOREES OF THE BLACK MUSIC MONTH CELEBRATION ; COMMUNITY ANNOUNCEMENTS COUNCILMEMBER SMITH - STRESSED CONCERN FOR THE DISMAL SITUATION WITH OUR INADEQUATE FACILITIES FOR THOSE WITH MENTAL PROBLEMS AS WELL AS THE HOMELESS; FEELS THAT SOME SOLUTION TO THIS PROBLEM NEEDS TO BE CONSIDERED CITY MANAGER HAYES - NONE CITY ATTORNEY NICHOLAS - NONE Page 6 of 8 Minutes-June 8,2004 MAYOR LORD - ASKED THAT THE COUNCILMEMBERS WHEN ATTENDING NATIONAL COMMITTEE MEETINGS,KEEP IN MIND IDEAS TO HELP THE NEEDS OF THOSE WHO HAVE MENTAL PROBLEMS OR ARE HOMELESS; ANNOUNCED THAT THE CITY HAS BEEN NOMINATED TO RECEIVE A STATE LAW ENFORCEMENT TERRORISM PREVENTION SUBGRANT OF $75,126 AS WELL AS A STATE HOMELAND SECURITY PROGRAM SUBGRANT OF$213,009 FOR DOMESTIC PREPAREDNESS COUNCILMEMBER SAMUEL- TOOK THE OPPORTUNITY TO INFORM COUNCIL THAT LAST WEEK AS PART OF THE NATIONAL LEAGUE OF CITIES PUBLIC SAFETY CRIME PREVENTION POLICY STEERING COMMITTEE THAT BEAUMONT MAY BE AFFECTED BY A FEDERAL PROJECT INVOLVING INTERSTATE 10 BEING USED AS A NUCLEAR WASTE ROUTE Public Comments (Persons are limited to three minutes) Allen Lee 5095 Maddox Street Beaumont TX Distributed the Beaumont Community Chronicle and recommend everybody read the article written by Councilmember Samuel;action needs to be taken on the LaFleur incident;concerns with the Police Chief; training for the Police Department Donald LaFleur 1167 Cartwright Street Beaumont TX Voiced his continued concerns with the alleged brutality of the Police Department and the incident with his brother Dean Tucker 2570 Laurel Avenue Beaumont TX Stated his goal was to bring forth ideas to improve quality of life in this area Carla Bassett 4355 Coolidge Street Beaumont TX Expressed opinions about demeanor and respect for council members,concerns aboutthe article in the paper about the rotation of the Mayor Pro Tern position and its affect on the City, her community and her race Frank Kiefer 3190 Willowood Beaumont TX Requested that the Police Department enforce the traffic law which requires drivers to use theirturns signals when changing lanes and making turns, requested that a No U-Turn traffic sign be installed at 11th Street South and Delaware and concerns aboutwater leaks not being repaired Page 7 of 8 Minutes-June 8,2004 Council recessed into Executive Session at 3:30 p.m. There being no action taken in Executive Session, Council adjourned at 4:15 p.m. Audio tapes are available upon request in the City Clerk's Office. 0 Evelyn Lor , Mayor : � �� Ito a,&aaa Rose Ann Jones, City I rk Page 8 of 8 Minutes-June 8,2004