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Home My WebLink AboutMIN JUL 11 2000 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N.Goodson,Mayor Pro Tem Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J.Patterson July 11,2000 Audwin Samuel Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont,Texas,met in a regular session on July 11,2000,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 1:33 p.m. The Reverend Airon Reynolds,Borden Chapel Baptist Church, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Samuel(arrived at 1:47 p.m.),and Patterson. Councilmember Ames was absent. Also present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions Mr.Charlie Gibbs,representative for the American Fastpitch Association(AFA)announced there will be three major tournaments in Beaumont during July. The Texas AFA State Championships begin this weekend,the Pre-National Qualifying Tournament will be held July 22 and 23, and the North American Fastpitch Championship will be held July 23 through July 30. There will have more than 128 teams competing from all over the country. These tournaments have the potential of booking over 8,000 hotel rooms. Mr.Gibbs thanked the City of Beaumont,Mayor Moore,the Councilmembers,and the City Manager for their help in bringing these organizations to Beaumont. Mr. Gibbs presented the council with hats and badges for entrance into the tournament. He announced that on Sunday,July 30, Exxon-Mobil and KFDM TV Channel Six will be sponsoring "Kids in the Park Day." Mr. Gibbs stated that the AFA is very proud to be in Beaumont and appreciates the support of the City of Beaumont. He encouraged Beaumont hospitality in making visitors feel welcome. Mayor Moore commented about the economic impact for hotels,restaurants,and merchants and thanked EMS, public safety teams, and Beaumont Bone and Joint for providing extra services for the event . Mr. Gibbs related that this is the third time for the City of Beaumont to host the AFA, and said he hopes to continue to their return. Mr. Gibbs also expressed thanks to Luke Jackson and Lou Cappi of the Parks and Recreation Department who worked tirelessly to attract these tournaments and improve the ball fields and park facilities. *Public Comment: Persons may speak on items listed on the Consent Agenda and Items 1. The Reverend Charles Johnson,5735 Derby,representing New Life Tabernacle,addressed Council regarding Agenda Item No. 1 to question amendments to the sign ordinance and to discuss the grandfather status of their church sign on Highway 105 and its value to the community. The Reverend Johnson requested their existing church sign be exempted from a 50 percent damage repair requirement in the grandfather clause to a true grandfather clause that would allow them to professionally replace and maintain the sign at their discretion, should an accident or act of God cause damage to the sign. (Councilmember Samuel arrived at 1:47 p.m.) Mayor Moore acknowledged former Mayor Evelyn M. Lord as a member of the audience. * Consent Agenda * Approval of the minutes of the regular meeting held June 27, 2000 * Confirmation of committee appointments: No appointments made. A) Approve an annual contract for Security Guard and Event Staff services for the Convention Facilities Division (with Delta Security Inc. for an estimated cost of$242,362.50) - Resolution No. 00-160 B) Approve a contract for the purchase and installation of carpet flooring at the Beaumont Civic Center (with Orange County Building Materials in the amount of$35,800) - Resolution No. 00-161 C) Approve an annual contract for the purchase of work uniforms for various City departments (with Cintas, Inc. in an estimated amount of$32,816) - Resolution No. 00-162 D) Authorize eminent domain proceedings to acquire Parcels 83 and 84 for the Concord Road Project (.094 acre out of Lots 1 and 2, Block 2, Minglewood Addition, 3920 Concord Road, Marscha Eva Griffin, owner, for appraised value of$6,050) Resolution No. 00-163 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Samuel and Patterson Noes: None GENERAL BUSINESS 1. Consider a request to add Section 30.23.1 and amend Section 30-28 of the Zoning Ordinance to create regulations for the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District that would govern signage in the area of west Beaumont. Minutes;July 11,2000;Page 2 Ordinance No.00-58 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 TO ADD A NEW SECTION 30- 23.1 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO CREATE REGULATIONS FOR THE MAJOR/DOWLEN/GLADYS/HWY. 105 SIGN OVERLAY DISTRICT AND TO AMEND SECTION 30-28 TO PROVIDE FOR THE SECURING OF A BUILDING PERMIT PRIOR TO INSTALLING OR MAINTAINING SIGNS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY was introduced. Mr. Bonczek detailed revisions to the original ordinance being presented for Council consideration today that addresses: real estate signs,banners allowed and regulated via a permitting process, sight obstruction and distance that includes driveways,and variances. The Zoning Board of Adjustment will consider variances to sign area and height. The Municipal Board on Sign Control, appointed by Council,will determine the cost of reconstruction or repair of grandfathered nonconforming signs that fall into disrepair or damage beyond 50 percent of their replacement cost. Mayor Moore invited Planning and Zoning Commission Chairman Lori Leister an opportunity to make additional comments. Ms.Leister explained justification for the committee's decision of grandfathering signs such as the one at New Life Tabernacle Church. She stated that grandfathering is a difficult issue, especially for churches, because everyone appreciates the messages they display and understanding what's happening in the churches. She said the line had to be drawn somewhere, and in reviewing this ordinance and this proposal with other ordinances from Galveston, Lake Jackson, and other larger cities, Ms. Leister said this ordinance is very open in comparison to those of other cities comparable in size to Beaumont. In those cities,she said that when ownership in a business is changed,signs must be brought into conformity with the ordinance. This ordinance is much more open and business oriented. She said the Commission desires to be pro-business and tried to make the ordinance work in the best way. She said that Beaumont needs this ordinance to keep up with other cities in our economic development. She stated that the way a city looks is important to attracting businesses and relocation of individuals and reiterated her belief that it is time for Beaumont to enact sign regulations. Councilmember Cokinos expressed concerns about signage and banners,and stated that local churches advertise upcoming events. He questioned the effect on political signs, voiced support of New Life Tabernacle's stand, and extended his concerns to prohibited signs. Mayor Pro Tem Goodson thanked Ms. Leister and the Planning Commission for taking on a difficult assignment to regulate signs,beautify a growing area, and manage that growth in an esthetic manner. He spoke of supported compromises, growing with the process, some businesses being at risk, and fairness of the ordinance. Mayor Pro Tem Goodson explained that the size of political signs in commercial areas is not being changed,but said this ordinance clarifies that they have to conform in the same manner as other signs in this new district. He addressed banner requirements, and said it is important to define seasonal,national,state and religious signs erected without advertising as not being subject to the banner permitting provision. Mayor Pro Tem Goodson stated that this has been a hard worked compromise and supports the ordinance with the changes made by staff. Councilmember Samuel expressed appreciation and respect for individual citizens serving on committees. He supported removal of signs that have deteriorated to more than 50 percent from the grandfather clause and requiring them to come into compliance, but questioned acts of God, hurricanes,windstorms, and accidents being in that same category. Councilmember Samuel said he considered that to be an exception because there is no neglect by the businessman. Minutes;July 11,2000;Page 3 Councilmember Smith conveyed her feelings that work on this ordinance has been for more than two years, a lot of compromises have been made,there have been a lot of meetings, and it is time to vote. She stated that if there is something fatally flawed, that item may be addressed again. In response to Councilmember Samuel's query, Ms. Leister responded that consideration of acts of God was not addressed in ordinances of other cities that the Planning Commission reviewed. Based on her real estate background,she said a sign does not deteriorate very quickly and feels the clause is very workable. She said even an eighteen-wheeler running into a pole sign might not deteriorate it fifty percent,and that a hurricane or wind storm strong enough to cause that amount of damage would affect many signs and put everybody on an even field to come into conformity with the existing sign ordinance. Ms. Leister stated this is not an issue she feels need change, and said the problem with grandfathering is everyone being on an equal playing field. Further lengthy discussion included Councilmember Cokinos reemphasizing his desire to amend the fifty percent grandfather clause, difference between deterioration and an accident destroying a sign, intent of the ordinance to bring uniformity of monument signs, the replacement value factoring in inflation, selection of a major development area as the first site for sign regulation,possible deferral, and clarification that owners will have options to select who will make repairs to signs. Councilmember Smith moved to approve Ordinance No.00-58 as revised. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore,Mayor Pro Tern Goodson,Councilmembers Smith,Samuel,and Patterson Noes: Councilmember Cokinos OTHER BUSINESS * Presentation from Beaumont Community Players City Manager, Stephen J. Bonczek, introduced the discussion of a proposal from the Beaumont Community Players to use City owned property at College and Orleans Streets(the former site of the LaSalle King Edward Hotel) to construct a new $1.5 million community theater. This project will enhance the City's commitment to revitalize the downtown area and provide cultural and family entertainment for the community. He stated that the Beaumont Community Players would pay for the new construction by conducting fund raising efforts. The City would contribute the property for the project. Mr. Bonczek introduced Beaumont Community Players Co-Chairs Beverly Hickman and Jerry McMillan to present this project to the City Council. Ms. Beverly Hickman announced that the Beaumont Community Players has a seventy-five-year history of providing quality theatrical services to the community. During this period,the organization has been nomadic. Ms. Hickman gave a history of the Beaumont Community Players. Beginning in 1925, the group presented their productions in the Grand Ball Room of the Frank Keith home on Calder Avenue. In 1927, with twelve thousand dollars, ground was broken at Fair Park for a permanent home on land donated by the City. By the 1980's, the building in Fair Park was in bad shape, and likewise, the Jefferson Theater was in need of repair. According to estimates given, the cost of repairing the Minutes;July 11,2000;Page 4 Jefferson Theater would be more than a million dollars. Community Services Director John Gorman developed a plan for the City, Beaumont Community Players, and the Jefferson Theater to form a partnership. The Beaumont Community Players would be the prime tenants to use the Jefferson Theater on a regular basis to keep the building from falling into further disuse. A ten-year contract was signed and the Community Players became the resident company. In 1995,the City of Beaumont relinquished operations back to Jefferson Theater Preservation Society. Escalating costs forced the Preservation Society to raise the rates for the use of the Jefferson Theater. This affected the players by placing a financial burden on their productions. Therefore,the Beaumont Community Players were in need of a new home. Ms.Hickman further stated that negotiations began with BISD and the Beaumont Community Players to allow leasing the building formerly known as the Tyrrell Park Elementary School. After four years at the Tyrrell Park Playhouse, the time has come for the Community Players to plan for the future. They have found that their patrons to be unhappy with the present location due to distance and traveling on Interstatel0 at night. Ms.Hickman stated that with the beginning of the new millennium and the revitalization of downtown Beaumont, the Beaumont Community Players would like to add to the excitement of the City's downtown landscape by providing a permanent theatrical home. Adding a community theater will provide entertainment activities and attract tourists and citizens,fortify the downtown area as a central theater district and offer quality theater experiences for the youth and adults of Southeast Texas. The Beaumont Community Players is seeking donation of City property located at College and Orleans, and hopes City Council will realize the potential of such a gift. Mr. Jerry McMillan acknowledged that what we do today will change the face of community theaters in Beaumont, Texas forever. Downtown is becoming the cultural center of Jefferson County. The Beaumont Community Players want to be the south gateway to the entertainment district. Mr. McMillan presented engineering site plans to the council and audience as shown in Exhibit"A." Mr.McMillan proposed the question that we already have the Julie Rogers Theatre and the Jefferson Theatre,why would we want another theater? He said the answer is that the current theaters are not right for the Beaumont Community Players. Their typical audience averages 250-300 people. The Beaumont Community Players have made a commitment to the Jefferson Theater Preservation Society that they will still be a partner in the Jefferson Theatre. At Mr. McMillan's request approximately 30 people stood in support of the request, and Ms.Paula Bothe, Mr. Stephen Mayfield, Main Street Director Carolyn Howard, and former Mayor Evelyn M. Lord spoke in support of the requested donation. Each cited experiences or reasons for their support. Council questions included the time frame for fund raising and construction and if the Beaumont Community Players would remain at Tyrrell Park until the proposed completion date. Mayor Moore and Councilmembers each expressed support of the new Community Theater project as a tremendous and wonderful addition to downtown. The City Manager clarified that property ownership would be retained by the City and leased to Beaumont Community Players, and stated he will begin procedures to present the item for official Council consideration. Minutes;July 11,2000;Page 5 COMMENTS * Councilmembers comment on various subjects Mayor Pro Tern Goodson thanked those who worked to bring the Broadway Entertainment Series to the Julie Roger's Theatre, and said almost 700 tickets have been sold for each of the performances in slightly more than a week. He said the first performance will be the music of Andrew Lloyd Webber on Thursday, September 14, and another performance in October, 2000, and January, 2001. Mayor Pro Tern Goodson reported that he attended the performance of The Ark by the Community Players recently at the Jefferson Theatre, and said it was a fabulous presentation. Councilmember Samuel said he missed the Fourth of July celebration this year for the first time in several years, but is anxious to hear a report. Councilmember Patterson announced that the Pear Orchard Neighborhood Association will conduct a meeting July 18 at 7:00 p.m. at Our Mother of Mercy Catholic Church. Mayor Moore reported that the Fourth of July celebration was absolutely fantastic and was the best attended to date. He commented about the number of boats on the Neches River invigorating his vision to develop the property commercially, as well as, recreational. Mayor Moore said people had a great time enjoying the music directed by Dr.Jimmy Simmons,the 1471 Fighter Division airplanes flying over the area during the rendition of the National Anthem,and thanked attendees,sponsors,and City staff members who labored many hours to finalize the celebration for the regional community. Also, Mayor Moore announced that zydeco music was enjoyed at Fair Park last week and congratulated Mr.Dan Hallmark who was sworn in as a Regent for the Texas State University System at Lamar University today. * Public Comment (Persons are limited to three (3) minutes) Ms. Melinda Benson, 2370 Laurel, addressed Council regarding public transportation needs for physically challenged citizens and placement of bus stops near apartment complexes that accept Section 8 funding for residents. She addressed bus routes and stated that a good transfer point would be Raintree Towers. Mr. Orlanda Cantu, 3915 Park, addressed Council regarding an affidavit submitted to various Councilmembers and staff and reviewed an incident that he said occurred on June 23,2000 about 4:00 p.m. Mr. Cantu complained about the conduct of the bus driver and her friends toward him. He claimed that he was humiliated when they mocked and laughed at him and had to receive treatment at a hospital emergency room as a result of the trauma he experienced. He continued to speak about bus driver sensitivity to ridership, expanded bus service to midnight and on Sunday, all buses being wheel chair accessible, in support of New Life Tabernacle's sign exemption request and violation of constitutional rights. Mayor Moore asked the City Manager to follow up on Mr. Cantu's complaint. Minutes;July 11,2000;Page 6 Mr. Chris Cullather, 1230 Shakespeare, addressed Council to request installation of a running and walking trail at Wuthering Heights Park on Delaware similar to the outdoor trail at Northway Park in Orange. Mr. Cullather was advised of Parks and Recreation Advisory Commission meetings and possible dedication clauses regarding a passive park. Mayor Moore asked the City Manager to pass the request and information to Parks and Recreation staff and board. Mr. Leroy Lewis,I1I, 1201 Euclid,addressed Council to complain that buses are being driven too fast, drivers have bad attitudes,spoke of unreturned calls from the Executive Office,and placement of HUD homes. Mr. Frank Kiefer, 3190 Willowood, addressed Council to compliment the Fourth of July celebration and suggest that next year the event be called the Beaumont Pops and efforts be made to televise the celebration. He also addressed extending due dates for water bills for the elderly, and stated that he has not received answers to his previous inquiries about completion of a water and sewer program, who will be hired, and if contractors will use local or out of city labor? Ms. Esterline Graham, 7975 Helbig, addressed Council to complain about standing water at the Meintzen Relief Ditch site on the west side of Helbig Road. She said water will not drain on the west side and is a health hazard and a breeding ground for mosquitoes. Ms. Graham reviewed her efforts to resolve the problem with DD6. She was informed by Mr. Broussard and Ms. Dawn Pritchard, an engineer for DD6,that there is a 16 inch water main transit pipe under the road causing the west side of Helbig Road to be lower than the ditch under the road. They told Ms. Graham that the Water Department refused to remove the pipe, DD6 had no recourse, and that is the reason for the standing water. Ms. Graham claimed a concrete pipe was installed in 1957. She also complained about a fire hydrant leaking north of the drainage ditch on Helbig Road for about four years and causing additional water to stand. After reporting the leak,Ms. Graham said the Water Department stated they could not repair the hydrant. It had to be replaced, and there was no funding available for replacement. She added comments about children playing in stagnant water and high, uncut grass adding to unhealthy conditions. 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