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Home My WebLink AboutMIN JULY 27 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 27, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session the the 27th day of July, 1993, with the following present: HONORABLE: Guy N. Goodson Mayor Pro Tem Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I John R. Davis Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Evelyn M. Lord Mayor Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Edward Simon, East Mount Olive Baptist Church. The Pledge of Allegiance was led by City Manager Ray A. Riley. -000- Mayor Pro Tem Goodson announced that Mayor Lord is out of the city today, but will be returning tomorrow. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 9-11. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held July 13, 1993; Resolution No. 93-166 reappointing Bruce Drury, Scarlett Duplechain and John Raney to the Community Development Advisory Committee for terms expiring May 31, 1995 and appointing Scarlett Duplechain as Chairman and -167- July 27, 1993 John Raney as Vice-Chairman of the Community Development Advisory Committee for terms expiring May 31, 1994 ; Dr. Leldon Sweet to the Airport Advisory Board for a term expiring May 31, 1995 and David Powell as Vice-Chairman of the Airport Advisory Board for a term expiring May 31, 1994 ; Karen McLane, Mary Jon Wells and Linda Clark for terms expiring June 30, 1995 and Sharon McCabe for a term expiring July 31, 1995 to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect and Karen McLane as Chairman and Linda Clark as Vice- Chairman of the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for terms expiring June 30, 1994 ; Rob Clark, Elmer Embs, and Bill Kimbrough to the Planning and Zoning Commission for terms expiring July 31, 1995 and Rob Clark as Chairman and Elmer Embs as Vice Chairman of the Planning and Zoning Commission for terms expiring July 31, 1994; Jeanne Mitchell to the Convention and Tourism Advisory Committee for a term expiring September 30, 1994; and Hal Dawson to the Rehabilitation Board of Adjustments and Appeals for a term expiring May 31, 1994 ; and appointing Stirling Copp to the Airport Advisory Board for a term expiring May 31, 1995; Randy White as Chairman of the Airport Advisory Board for a term expiring May 31, 1994; Judy Trail Byrd to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for a term expiring June 30, 1994 ; John Goodyear to the Parks and Recreation Advisory Committee for a term expiring June 30, 1995; Pat Henderson as Chairman and Clifton Guillory as Vice-Chairman of the Parks and Recreation Advisory Committee for terms expiring June 30, 1994; Sharon Nolan for a term expiring June 30, 1995 and R. C. "Bob" Andrews and Gary Jepson for terms expiring June 30, 1994 to the Mayors Committee for Employment of Disabled Persons and Laura Leister to the Planning and Zoning Commission for a term expiring July 31, 1995; Resolution No. 93-167 authorizing a lease amendment with the Beaumont Municipal Employees, Credit Union for an additional 1,782 square feet to the already leased . 145 acres of land to provide construction of a parking lot extension for ten vehicles; Resolution No. 93-168 authorizing purchase of five (5) Mott Model 74 flail mowers from Oil City Tractors in the amount of $14,435. 00 for use by the Parks Maintenance Division; Resolution No. 93-169 authorizing Change Order No. 1 to the contract with Bellard's Drapery and Carpet, Inc. for carpet and vinyl tile installation at the Best Years Center to replace asbestos floor tile in the Northeast Hallway increasing the contract amount from $15,999. 00 to a total contract price of $18, 344 . 00; Resolution No. 93-170 authorizing acceptance of the bid submitted by Premium Construction for removal of driveway pipe that contains asbestos at a cost of $340. 00 per driveway at 53 locations on Columbia, South Ninth, Ranier and Park Streets for a total of $18, 020. 00; Resolution No. 93-171 authorizing acceptance of Street and Storm Sewer -168- July 27, 1993 Improvements: Inverness Drive from existing pavement on Inverness Drive approximately 96. 38 feet east to its intersection with Willow Bend Drive and Troon from Inverness Drive approximately 246.78 feet northeast to Willow Bend Drive; and Water and Sanitary Sewer Improvements: Lots 20 through 33, Block 11; Lots 10 through 18, Block 11; and Lots 1 through 4, Block 13 ; in Willow Creek Subdivision, Phase II, Section 11C, contingent upon filing of the final plat, complete with proper filings of dedication of all rights-of-way and easements shown required on preliminary and final plats and upon installation of the streetlights; Resolution No. 93-172 authorizing acceptance of Street and Storm Sewer Improvements: Twin Circle Drive from existing pavement on Berry Road approximately 236 feet east to and including the cul-de-sac; and Water and Sanitary Sewer Improvements: Lots 1 through 6; in the Berry Road Park Subdivision contingent upon filing of the final plat, complete with proper filings of dedication of all rights-of-way and easements shown required on preliminary and final plats and installation of streetlights; and Resolution No. 93-173 authorizing a License to Encroach with Ken White for a garage that is encroaching 2 .0 feet for a distance of 22.0 feet and an open porch encroaching 2 .0 feet for a distance of 2 .5 feet into an eight-foot utility easement on Lot 16, Block 2 of Folmer Place Addition (#16 Dowlen Place) for a one-time fee of Five Hundred Dollars ($500. 00) . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: -000- An Ordinance authorizing abandonment of a portion of Texas Avenue extending north from 109 ' north of Wiess Street through the Grand Pine Courts Housing Complex subject to retention of a general utility easement in lieu of the street was considered: ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING TEXAS AVENUE FROM A POINT 109 FEET NORTH OF WIESS STREET NORTH 621 FEET THROUGH THE GRAND PINE COURTS HOUSING COMPLEX, TOLIVAR ADDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. After an introduction of the item by City Manager Riley, Councilman Davis told members of City Council that he had visited with several residents of the Housing Complex as well as others living along Texas Avenue, and that residents of the area don't feel it necessary to close the street. Councilman Cokinos asked if a temporary closing of the -169- July 27, 1993 street could be tried for effectiveness. Mayor Pro Tem Goodson questioned the use of a gate to control traffic in the evening. Councilman Cokinos asked for the item to be deferred until a report could be received from the City Attorney concerning the temporary closing of the street or a gate controlled by the Housing Authority as a safety measure for the residents. Councilman Moore stated people should determine what is good for their neighborhoods, and he said those he talked with do not want Texas Avenue closed. He further said that dead- end streets can cause safety problems, too; and said he was ready to move for denial of the request. After further discussion, it was agreed that the item would be tabled to allow the City Attorney to research the issues of concern and liabilities involved with the closing of Texas Avenue. Mayor Pro Tem Goodson asked that Carolyn Hudler, Director of the Beaumont Housing Authority, be made aware of the concerns of Council and residents of the complex and area and questioned citizen involvement in the request for closure of the street. -000- Ordinance No. 93-37 authorizing a Specific Use Permit to allow the Jehovahls Witnesses Pine Island Congregation to construct a new church on the property located east of North Major Drive north of Bluebonnet Street in an area zoned RM-H (Residential Multiple Family Dwelling- Highest Density District) with a recommendation from the Planning Commission and Staff for approval subject to a modification of the landscaping requirements that will eliminate the required 8 ' fence and 10 ' buffer along the rear side of the church tract was considered: ORDINANCE NO. 93-37 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH EAST OF NORTH MAJOR DRIVE NORTH OF BLUEBONNET STREET IN A RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY DISTRICT ZONE, IN BEAUMONT, JEFFERSON Ordinance No. 93-37 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 93-38 authorizing a zone change by establishing a GC-MD (General Commercial Multiple Family Dwelling District) for property being the west 250 feet of the north 100 feet of Tract or Lot 80, Block 9, French Heights Subdivison and a triangular shaped tract which fronts the Eastex Freeway 73 . 37 feet and known as Tract 5 out of Tract or lot 70, Block 9, French Heights Subdivision, A. William Survey Addition for -170- July 27, 1993 property having frontage along Eastex Freeway to comply with the goals and objectives of the Comprehensive Plan for land situated along an activity corridor was considered: ORDINANCE NO. 93-38 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 ESTABLISHING A GC-MD (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING DISTRICT) FOR 0. 63 ACRES OF LAND MORE OR LESS LOCATED APPROXIMATELY 400 FEET S. E. OF FRENCH ROAD AND 650 FEET N.W. OF ANDERSON STREET, FRENCH HEIGHTS SUBDIVISION, A. WILLIAMS SURVEY ADDITIONS TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 93-38 was approved on a motion made by Councilman Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 93-39 authorizing a Specific Use Permit for approximately 1.99 acres of land located on the north side of the 3500 block of Blackmon Lane to allow construction of professional offices within an area zoned RM-H (Residential Multiple Family Dwelling-Highest Density) was considered: ORDINANCE NO. 93-39 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO EMIL L. WEAVER TO ALLOW THE CONSTRUCTION OF PROFESSIONAL OFFICES WITHIN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) ZONING DISTRICT LOCATED IN THE 3500 BLOCK OF BLACKMON LANE, FRENCH SUBDIVISION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 93-39 was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- -171- July 27, 1993 Ordinance No. 93-40 authorizing a zone change from GC-MD (General Commercial Multiple Family Dwelling District) to RM-H (Residential Multiple Family Dwelling-Highest Density) for 0.591 acres south of Walden Road and east of FM 364 (S. Major Drive) to allow Beaumont Willow Creek, Inc. to include this property with the existing 6. 64 acre area proposed for the residential development as Willow Creek Country Club Estates, Phase II, Section VI, was considered: ORDINANCE NO. 93-40 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 ESTABLISHING AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) FOR 0. 591 ACRES SOUTH OF WALDEN ROAD AND EAST OF FM 364 (S. MAJOR DRIVE) WILLOW CREEK SUBDIVISION, IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 93-40 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 93-41 authorizing a Specific Use Permit for construction of a dental office in the 3500 block of Delaware Street on the south side, 400 feet west of the Eastex Freeway, French Subdivision, in an area zoned RM-H (Residential Multiple Family Dwelling-Highest Density) with a recommendation for approval from the Planning Commission subject to a two-year limitation on compliance with the landscaping requirements on the east side of the property was considered: ORDINANCE NO. 93-41 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A PROPOSED DENTAL OFFICE IN THE 3500 BLOCK OF DELAWARE, SOUTH SIDE, 430 FEET WEST OF EASTEX FREEWAY IN BEAUMONT, JEFFERSON COUNTY, TEXAS. (Mayor Pro Tem Goodson abstained from voting on this item because of law firm involvement. ) Ordinance No. 93-41 was approved on a motion made by Councilman Cokinos -172- July 27, 1993 and seconded by Councilman Alter. Question: Ayes: Councilman Nayes: None Cokinos Councilman Alter Councilman Smith Councilman Davis Councilman Moore Abstained: Mayor Pro Tem Goodson -000- Ordinance No. 93-42 amending Section 30-24 (b) of the Code of Ordinances to include SIC Group 791, dance studios, schools and halls, within the RM-H District (Residential Multiple Family Dwelling-Highest Density) with a Specific Use Permit was considered: ORDINANCE NO. 93-42 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT THE SAME BEING THE ZONING ORDINANCE TO AMEND THE SIC CODES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Ordinance No. 93-42 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 93-43 authorizing amendment of the Specific Use Permit for Beaumont Gymnastics Academy located at 7821 Gladys Avenue to allow expansion of the existing parking lot and building with a recommendation for approval by the Planning Commission subject to installation of Phase II parking within one year, was considered: ORDINANCE NO. 93-43 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A EXISTING PARKING LOT AND BUILDING LOCATED AT 7821 GLADYS, DOWLEN WEST ADDITION TO THE CITY OF BEAUMONT, UNIT XXIII, JEFFERSON COUNTY, TEXAS. Ordinance No. 93-43 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -173- July 27, 1993 Resolution No. 93-174 authorizing purchase of a 24-channel digital logger from Dictaphone Corporation in the amount of $27,475. 00 for use by the Fire Alarm Office to record communication channels and 9-1-1 calls was approved on a motion made by Councilman Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 93-175 authorizing annual contracts for slag base materials with International Mill Service furnished from the plant site at $6. 00/ton for 2-1/2 1lx8" size, $9.00/ton for 0 11x1-1/2" size, and $8.00/ton for 1-1/2 1lx3" size and Ted Schreck Trucking for furnishing material to the jobsite at $9.20/ton for 2-1/2 1lx8" size, $12.20/ton for 0 11x1-1/2" size, and $11.20/ton for 1-1/2 1lx3" size for use by the Solid Waste/Landfill, Street and Drainage, Parks and Recreation and Water and Sewer Divisions was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 93-176 designating and authorizing the City Manager to execute a contract with the firm of Cook Shaver Parker & Williams, Certified Public Accountants as independent auditors for the City of Beaumont for the fiscal period ending September 30, 1993 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mayor Pro Tem. Goodson announced that an Executive Session will be held following the Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation and 2 (g) to discuss appointment, employment, evaluation, reassignment, duties, disciple or dismissal of a public officer or employee: Jeff Patrick vs. City of Beaumont, Kelly Danna vs. City of Beaumont, Dave Shows vs. City of Beaumont, Billy Ray Jennings vs. City of Beaumont, and Mary Fredrika Adams vs. City of Beaumont. -000- Councilmembers Smith, Davis and Moore reported attending a good, informative meeting in Plano with the Association of Mayors, Council and Commissioners. Councilman Davis added that in attending the Plano conference he had opportunity to converse with Councilman Smith for a period of time and learn of her political philosophy and gain insight of her intelligence. He said "Ward I is in good hands. " Councilman Moore said he had opportunity to compare Beaumont's Community Policing Program and was surprised at the lack of attention given to this neighborhood -174- July 27, 1993 and law enforcement opportunity by some cities. He also commented that he learned health costs in Southeast Texas are much higher than in other areas of Texas, and that we need to keep this issue high on our agenda and continue to focus on health care issues. Councilman Smith announced that the Oaks Neighborhood Association will meet at 6: 00 p.m. Thursday in the Council Chambers and Councilman Moore announced a Neighborhood Association meeting at Our Mother of Mercy Catholic Church at 7:00 p.m. tonight and South Park Neighborhood Association will meet at 7: 00 p.m. Thursday. Councilman Cokinos congratulated Councilman Davis for conducting a good neighborhood meeting at Mount Calvary Baptist Church last night and said it was informative, well attended and productive. Mayor Pro Tem. Goodson concurred that the sessions at the AMCC meeting in Plano were very productive and said that in the Mayor's absence, he attended the Department of Emergency Management meeting at the Airport, comprised of County and City officials, the Department of Public Safety, and the Emergency Management Coordinator for the area and State who requested consideration for conducting informational Town Hall and public meetings regarding emergency preparedness. He said it was an informative meeting matching basic area resources and discussing anticipated needs in natural calamities and said he was impressed with the level of work already begun by the County and State. Councilman Moore thanked Staff for a report of the MBE program, expressed satisfaction with the overall 12% participation, but highlighted a couple of projects that did not meet requirements and expressed a desire this would not be repeated. -000- Mrs. Sue Hamilton, 7980 Jackson, addressed Council to complain of flooding conditions on her street which she said are caused by inadequate culverts, reviewed her contact with the Public Works Department, and asked for Council help. Public Works Director Tom Warner reported that several driveway pipes need to be replaced, an additional problem has been created by someone clearing property at the end of Jackson and discarding tree limbs and debris into the ditch, said that the work has been scheduled and he will have to verify the date with Staff. Mr. Warner was asked to meet with residents on Jackson Street after Council to explain the work schedule. The Reverend E. Simon, 2432 Park Street, addressed Council to complain about dirt on Park Street caused by the construction of M. L. King Parkway, said he had not observed contractors using minorities on these projects, and said sidewalks have not yet been replaced when removed for a drainage project. Public Works Director Tom Warner explained that the M. K. King Parkway improvement is a State project, but he will make -175- July 27, 1993 contact with them regarding cleanup and said that the Cartwright Drainage Project will be finalized about November and after the streets are complete, sidewalks that were removed will be replaced. Mr. F. F. "Ted" Posey, 1379 Cable, addressed Council to thank City Staff for direction in solving a problem with high weeds. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in 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 July 27, 1993 . Rosemarie Chiappetta City Clerk -176- July 27, 1993