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MIN AUG 11 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 11, 1992 -- 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 11th day of August, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Guy Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Jerry Fleming, Westgate Church of Christ. The Pledge of Allegiance was led by Councilman Samuel. -000- Mayor Lord issued a proclamation recognizing Charlie Pruitt as a "special citizen of Beaumont" for presenting family entertainment in the area of country music, "The Charlie Pruitt Show. " Mayor Lord presented an award she had received from the U.S. Conference of Mayors for the City's recycling program to John Labrie, Director of Solid Waste Management and Carol Williams, Coordinator of the City's Recycling Program. In addition, Mayor Lord presented a plaque to Mr. Bill Blackmon, CEO of Mobil oil Corporation for Mobil 's sponsorship of "Mo-Beau, " a program employing youths for the summer and Rikita Johnson, on behalf of the students participating in the program, presented a plaque to Jeannie Mitchell, Mobil 's coordinator of the program. -166- August 11, 1992 Mr. Jef Russell, Director of Convention and Visitors Department, introduced Charlie Gibbs who told Council of the Junior Olympic Baseball Super Series, a tournament, to be held August 20-28, at Vincent Beck Stadium, national championship teams of 15 and 16 year olds from such areas as Baton Rouge, Lexington, St. Petersburg and Dallas. Mr. Gibbs introduced the Beaumont area team and their coach, Ronnie Anderson. He also made a plea for host families who are asked to house at least two of the out-of-town players and said that several hosts are still needed. Mr. Jim Stokes, Director of the Beaumont Chamber of Commerce, and Mr. Ken Ruddy, SET, Inc. , addressed Council to give an economic development update of activities by the Chamber of Commerce and SET, Inc. and positive results achieved by their efforts. -000- No one wished to address City Council concerning items on either the Consent or Main Agendas. -000- City Manager asked that Consent Agenda item "m" be pulled for separate consideration. The following items of the Consent Agenda were considered: Approval of the Minutes of the regular City Council session held July 28, 1992 ; Resolution No. 92-195 reappointing the Reverend Beauregard Brown and H.B. "Buddy" Arnoult to the Commission for the Prevention of Child Abuse and Neglect, terms to expire June 30, 1994; the Reverend Amos Landry to the Community Development Advisory Committee, term to expire May 31, 1994; W. F. "Bill" Miranda and Nell Phillips to the Parks and Recreation Advisory Committee; terms to expire June 30, 1994; Elbert DuBose, Jr. to the Transit Advisory Committee, term to expire June 30, 1994 and appointing Dr. Kendall Blanchard to the Sister City Commission, term to expire December 31, 1994; Resolution No. 92-196 authorizing purchase of a LeROI Q175DJE portable air compressor to be used by the Public Works Department's Transportation Division for the installation of traffic control devices at intersections from Service Pump and Compressor, Inc. of Beaumont in the amount of $10,900. 00; Resolution No. 92-197 authorizing an annual contract for the maintenance and service of City's telephone system with GTE Customer Networks of Beaumont in the amount of $53 . 00 per hourly rate; -167- August 11, 1992 Resolution No. 92-198 authorizing acceptance of a 20-foot sanitary sewer easement out of Lot 13, Block 7, Fourth Street Addition from C. L. Sherman and Sons Lumber Dealers, Inc. for the relocation of an existing sewer line which bisects the property and hinders development; Resolution No. 92-199 authorizing a License to Encroach agreement to Star Enterprise for them to encroach on a portion of Lot 1, Block 5, Calder Highlands Addition, 4190 Gladys Avenue, the site of Fire Station #4, to install a groundwater monitoring well to track concentrations of various pollutants for a one-time fee of $500.00; Resolution No. 92-200 accepting for City maintenance street and storm sewer improvements made in Shadowbend from Delaware Street approximately 802-feet north, ending in the temporary cul-de-sac and Type III barricade and storm sewer, sanitary sewer and water improvements on Oakleigh Boulevard (a private U-shaped boulevard approximately 1416 feet in length will not be maintained by the City) and water and sanitary sewer improvements in Lots 1 through 19, Oakleigh Subdivision, H. Williams Survey, Abstract 56; Resolution No. 92-201 accepting for City maintenance street and storm sewer improvements made in Seminole Drive from Jefferson County Drainage District #6 Ditch 202-A, approximately 587 feet in a southerly direction to a temporary cul-de-sac and Doral Drive from Seminole Drive approximately 280 feet east to the existing pavement on Doral Drive and water and sanitary sewer improvements made in Lots 10-12, Block 1, Lots 10-13, Block 2 and Lots 1-6, Block 3, Willow Creek Country Club Estates, Phase II, Section III-B; Resolution No. 92-202 authorizing acceptance of the bid submitted by Gulf Coast Electric Company, Inc. , for furnishing and installing one 80kw electric power (generator) system for the Fire Department Headquarter facility located at 400 Walnut Street in the amount of $40, 600. 00 with a two year warranty period on the generator and one year warranty period for the installation work; Resolution No. 92-203 authorizing the purchase of four flail mowers for use by the Parks Maintenance and Water Reclamation Divisions from Oil City Tractors, Inc. of Beaumont in the amount of $2,785. 00 each for a total of $11, 140. 00; Resolution No. 92-204 authorizing purchase of twenty-four hundred (2400) cubic feet of anthracite coal for use in the filtering process for potable water at the City's Water Production Plant from Carbonite Filter Corporation of Delano, Pennsylvania, in the amount of $12,480. 00; and Resolution No. 92-205 authorizing a contract with Dillard's Ticketing Systems of Phoenix, Arizona, for a computerized ticketing and distribution system to be used by the Convention Facilities Division; -168- August 11, 1992 The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-59 abandoning the north 1. 5 feet of a 10-foot-wide street light easement lying between 1405 and 1445 Sheridan Place to clear encroachment of an air conditioner unit was considered: ORDINANCE NO. 92-59 ENTITLED AN ORDINANCE ABANDONING THE NORTH 1.5 FEET OF THE STREET LIGHT EASEMENT BETWEEN LOTS 1 AND 2, SHERIDAN PARK ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-206 authorizing execution of a contract with Excavators & Constructors for construction of the High School Ditch Drainage System Phase I Project at the cost of $1, 115, 073 .20 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-60 amending Chapter 29, Article III, Sections 29-50 and 29-56 of the Code of Ordinances for the City relating to taxicab and taximeter inspection was considered: ORDINANCE NO. 92-60 ENTITLED AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REMOVE THE REQUIREMENTS FOR ANNUAL INSPECTION OF TAXI CABS AND METERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -169- August 11, 1992 Resolution No. 92-207 acknowledging presentation of the proposed FY 1992 City Budget Document and scheduling a public hearing on the budget as presented by the City Manager to the City Council to be held at 1:45 p.m. , August 25, 1992, in the City Council Chambers, City Hall, was approved on a motion made by Councilman Goodson and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 92-208 scheduling a public hearing to be held at the regular meeting of the City Council at 1:30 p.m. , August 25, 1992, in the City Council Chambers, City Hall, for the purpose of hearing public comment concerning the proposal to adopt a tax rate for the City of Beaumont of $0.62 per one hundred dollars valuation was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 92-61 approving a zone change in the 2000 block of West Cardinal Drive, Block 9, Annie T. Warren Addition from General Commercial - Multiple Family Dwelling (GC-MD) to Commercial Manufacturing (CM) was considered: ORDINANCE NO. 92-61 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 FROM GC-MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) TO C-M (COMMERCIAL MANUFACTURING) ON PROPERTY SITUATED ALONG THE 2000 BLOCK OF WEST CARDINAL DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Alter Councilman Cokinos Councilman Samuel Councilman Moore Abstained: Councilman Goodson -170- August 11, 1992 E An ordinance approving a zone change on Lots 5 and 6, Block 64, Cartwright Addition from Residential Multiple Family Dwelling - Highest Density to Residential Conservation and Revitalization (requested by Houng Than to build a new convenience store) was considered: 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 FROM RM-H (RESIDENTIAL MULTIPLE-FAMILY DWELLING - HIGHEST DENSITY) TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) ON LOTS 5 AND 6, BLOCK 64, CARTWRIGHT ADDITION AT 2605 AVENUE A, BEAUMONT, JEFFERSON COUNTY, TEXAS, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was denied -on a motion made by Councilman Samuel and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- (Councilman Samuel left the Council Chambers before consideration of next item. ) An ordinance approving specific use permit for construction of a convenience store at 2605 Avenue A was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A GROCERY STORE ON LOTS 5 AND 6, BLOCK 64, CARTWRIGHT ADDITION AT 2605 AVENUE A, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was denied on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-209 authorizing the purchase of two high service pumping units to be used by the Water Production Plant to regulate the pressure and volume of water pumped into the water distribution system from Patterson Pump Company of Toccoa, Georgia, in the amount of $48, 139. 00 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -171- August 11, 1992 k Resolution No. 92-210 authorizing the purchase of a diesel-powered sewer jet cleaner truck equipped with a 1500-gallon capacity water tank and a high pressure pump and hose assembly to be used by the Water Utilities Sewer Maintenance Division, to unblock and clean out sewer lines from AAA Flexible Pipe Cleaning Corporation of LaPorte, Texas, in the amount of $72,775.00, was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-211 accepting the bid of BRC Painting, Inc. of Beaumont in the amount of $48,763 . 00 for furnishing labor and materials for cleaning and painting the exterior of the Beaumont Public Library was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Alter. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Cokinos Alter Councilman Goodson Councilman Moore -000- (Councilman Samuel returned to the session during discussion of this item. ) Resolution No. 92-212 authorizing execution of a contract with Southeast Texas Food Bank in the amount of $67, 000 (project included in the 1992 Statement of Objectives and Projected Use of Funds for the Community Development Block Grant Program) to provide funding for the rehabilitation of the donated Sunbeam Bread building at 3845 MLR Parkway which will house a food bank which will benefit low income families was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 92-213 authorizing a contract with the Volunteer Services Council for the Beaumont State Center to provide financial assistance in the amount of $100, 000 for construction of a 4, 000 square foot building for First Steps Lab School, for work with developmentally-delayed children was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: Mayor Pro Tem Nayes: None Alter Councilman Cokinos Councilman Goodson Councilman Samuel Councilman Moore Abstained: Mayor Lord -172- August 11, 1992 Resolution No. 92-214 authorizing a contract with the Beaumont Housing Authority in the amount of $125, 000 for repair, correction and modification to the Northridge Manor Housing Complex sewer system was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 92-62 amending the Zoning Ordinance, Chapter 30, Sections 30-4, 30-24B, 30-24E, 30-28F, 30-31B. 1, 30-35 & 30-36, 30-37I, 30-40B, 30-40E, and 30-40F of the Code of Ordinances was considered: Section 30-4: The definition of "kennel" would be changed to conform to the new definition found in Section 5-17, adopted by Council on September 3, 1991 and an inclusion made to address "dog and cat fanciers. " Section 30-24B: The Standard Industrial Classification (SIC) group numbers and use categories would be changed to reflect revisions. This information replaces the 1972 tables. Section 30-24E: Adopts the 1987 manual which reclassifications and added newer land use definitions; deletes the 1972 SIC manual. Section 30-28F: In reference to signs, deleting the word "portable" and adding prohibition of signs with flashing lights or intermittent illumination except those signs not seen from public right-of-way. Also signs shall not rotate or revolve nor resemble an official sign or marker erected by a governmental agency. Section 30-31B.1: Removes reference to the R-3 zone district in Perimeter Landscaping and Screening; district was eliminated from the zoning map by Council action. Section 30-35 & 30-36: For clarification and accuracy, two paragraphs have been reworded addressing when building permits and certificates of occupancy can be issued (compliance with building code, fire code, zoning code, subdivision code and other applicable codes) . Section 30-37I: Due to increases in processing and administrative costs relating to requests requiring public hearings for the Board of Adjustment, the fee schedule would be changed for the notification and hearing process (from $125 to $200) . Section 30-40B: Proposed change deals with Recommendations by the Planning Commission to reflect that an affirmative vote of at least 3/4 of the Council shall be required to overrule a recommendation by the Planning Commission to deny a proposed change to a regulation, district boundary or specific use permit. -173- August 11, 1992 Section 30-40E: Fee schedule change proposed for Changes, Amendments and Specific Use Permits to include an Application Fee. Section 30-40F: Relating to Time for Action, Council would have to act on zone district boundary change requests within sixty days after a public hearing, or the request would be automatically denied. ORDINANCE NO. 92-62 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT THE SAME BEING THE ZONING ORDINANCE TO AMEND DEFINITIONS, THE SIC CODES AND MANUAL, SIGN REGULATIONS, REMOVE REFERENCES TO R-3 ZONES, AMEND REGULATIONS CONCERNING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY, AMEND FEES, CHANGE CERTAIN TIMME LIMITS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Section 8 of the proposed ordinance, Section 30-40 (b) , was removed from the ordinance for separate discussion. Ordinance No. 92-62, excluding Sec. 30-40 (b) , was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None Several Councilmembers expressed their opinions that it was City Council 's right and duty to make final decisions in matters where advisory boards have presented recommendations without hindering themselves with a 3/4 affirmative vote by Council rule to override a recommendation. A study was requested for development of an appeals process for those applicants whose proposals were recommended for denial by the Planning Commission but wished to appeal to City Council. After a brief discussion, Sec. 30-40 (b) , was not adopted on a motion made by Mayor Pro Tem Alter; motion was seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Councilman Goodson told Council of having received two or three complaints about the $500. 00 fee imposed when Licenses to Encroach are granted and asked staff to report on the reason for the amount. -174- August 11, 1992 Councilman Cokinos congratulated Eloise Milam and the Melody Maids on their recent performance at the Julie Rogers Theatre for the Performing Arts. In addition, he expressed his appreciation for the Housing Projects' Softball Tournament held Wednesday, August 5th, the culmination of the Police Department's summer softball program for kids living in the projects, and thanked Detective E. O. " Sonny" Chambers for the Department's work and for the "good hotdogs" as well. Mayor Pro Tem. Alter spoke about the very enjoyable Sunday in the Park held Sunday, August 9th, with the Camp Fire Girls, Boy Scouts and Girl Scouts hosting and the delicious free food, including tubs of Bluebell Icecream. Councilman Samuel questioned the status of the proposed paving for LeBlanc Road. Councilman Moore joined with Councilman Cokinos in thanking the Police Department for their summer softball program. He also asked that the drainage project crossing 11th Street be completed as quickly as possible for the convenience and safety of the traffic in that area. In addition, Councilman Moore expressed the need for 11th Street to be made 4-lane from Washington Boulevard through to Sarah Street. He also expressed his concern for the future proposal to relocate the swimming pool from Alice Keith Park, saying a recent visit there with his family was a very refreshing experience to witness the number of family groups of Blacks, Hispanics and Asians who were enjoying the facility. He also mentioned the need for fill dirt to correct the standing water at the edge of Alice Keith's wading pool. Mayor Lord expressed her concern for vehicles making wide turns on Washington Boulevard towards the Hilton Hotel so that other vehicles were having difficulty avoiding collisions with them and questioned whether different lane markings would help alleviate the problem. In addition, Mayor Lord reminded Council of the Minority Involvement Seminar to be held Saturday, August 15th, from 8: 30 a.m. to help minorities to understand the process for becoming more involved with City government and its Boards and Commissions. (Councilman Lulu L. Smith arrived at the meeting here. ) -000- Mrs. Marilyn Adams, 4695 Dellwood, addressed Council to again express her concerns for the proposal reducing the size and limiting the Community Development Advisory Committee. Mr. Henry Dannenbaum, 1567 Wall, again addressed City Council on various topics. -175- August 11, 1992 There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the minutes of the regular City Council session held August 11, 1992 . Rosemarie Chiappetta City Clerk -176- August 11, 1992