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HomeMy WebLinkAboutMIN APR 25 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 April 25,2000 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 April 25,2000,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 Winters gave the invocation. Grant Administrator Johnny Beatty led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem. Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson. Councilmember Samuel was absent. Also present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions-"52nd Neches River Festival,"April 25-May 7,2000;"National Organ and Tissue Donor Awareness Month,"April 2000;and "Beta Sigma Phi Founders Day,"April 26,2000. *Public Comment: Persons may speak on scheduled agenda items. *Citizen comment was invited on the Consent Agenda and Regular Agenda Items 1, and 7-9 Ms. Dora Nisby, 4520 Corley Street, Chairman of the Beaumont Library Commission, Reverend Dwight Benwar, 5875 Falcon Lane, and Mr. Allen Lee, 5095 Maddox, addressed Council in support of naming the new south end library after Judge Theodore Johns. Mr. Kent Johns, son of Judge Theodore Johns, addressed Council to thank them for naming the library after his father. Mr. Anthony Richards, 1440 Brockman, addressed Council in support of naming the new south end library after Judge Theodore Johns, spoke of Pear Orchard community improvements being overlooked and receiving services other areas receive. * Consent Agenda * Approval of the minutes of the regular meeting held April 18, 2000. * Confirmation of committee appointments: Appointments: Sheila Samuel, Beaumont Advisory Commission for Prevention of Child Abuse and Neglect, for a term expiring April 24, 2002; Reappointments:Fatai Oyejobi,Beaumont Advisory Commission for Prevention of Child Abuse and Neglect, for a term expiring October 21, 2001; and Jan Haynes, Drug Free Beaumont Commission, for a term expiring October 21, 2001- Resolution No. 108 A) Authorize an application for and acceptance of a grant through the Texas Automobile Theft Prevention Authority for the Southeast Texas Auto Theft Task Force - Resolution No. 00-109 B) Allocate funds from the Senior Multi-Family Housing Line Item of the 1999 Community Development Block Grant Program to the Salvation Army to be used for code compliance rehabilitation of a two-story structure that will house eight homeless families (in the amount of $50,000)- Resolution No. 00-110 C) Allocate $18,000 from the Senior Multi-Family Housing Line Item of the 1999 Community Development B lock Grant Program for the Exxon/Mobil Green Team Summer Employment Program - Resolution No. 00-111 D) Approve annual contracts for the purchase of manholes,manhole covers and sewer materials for use by the Water Utilities Division(with Golden Triangle Pipe,Coburn Supply and Rural Pipe and Supply in the amount of$35,152.35)- Resolution No. 00-112 E) Authorize the granting of a Pipeline Easement to Helmerich and Payne, Inc. on property in the Christian Hillebrandt League - Resolution No. 00-113 F) Approve the acquisition of properties for the Concord Road Project (Parcel 97: 0.119-acre, A. Williams Survey, 4315 Concord Road, from Beaumont Independent School District, in the amount of$10,005; Parcels 98 and 99: 0.248-acre,A. Williams Survey,4415 and 4523 Concord Road, from Beaumont Independent School District, in the amount of$6,150)) - Resolution No. 00-114 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None GENERAL BUSINESS 1. Consider naming the south end branch library the Theodore R. Johns Branch Library Councilmember Cokinos moved to approve Resolution No.00-115 authorizing naming the south end branch library the Theodore R. Johns, Sr. Branch Library. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None Minutes;April 25,2000;Page 2 (Councilmember Patterson left the Council Chamber at 1:57 p.m. and not present to vote on Item No. 2.) 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) for four lots located on the north side of the 500 block of Euclid at Highland Avenue Councilmember Smith moved to approve Ordinance Number 00-34 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 TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED ON THE NORHTSIDE OF THE 500 BLOCK OF EUCLID AT HIGHLAND AVENUE, 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 Goodson, Councilmembers Smith, Cokinos, and Ames Noes: None (Councilmember Patterson returned to the Council Chamber at 1:59 p.m.) 3. Consider a request for zone changes from GC-MD(General Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling),LI(Light Industrial)to GC-MD(General Commercial- Multiple Family Dwelling) and GC-MD (General Commercial-Multiple Family Dwelling)to CBD (Central Business District) in the Dick Dowling Neighborhood Councilmember Smith moved to approve Ordinance Number 00-35 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)TO RS (RESIDENTIAL SINGLE FAMILY DWELLING); LI (LIGHT INDUSTRIAL)TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AND GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)TO CBD(CENTRAL BUSINESS DISTRICT) LOCATED IN THE DICK DOWLING NEIGHBORHOOD, 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 Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None 4. Consider a request for a specific use permit to allow an office for a community housing development organization(CHDO) in an RM-H(Residential Multiple Family Dwelling-Highest density) District at 1109 Sherman Councilmember Ames moved to approve Ordinance Number 00-36 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE FOR A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION(CHDO)IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING- Minutes;April 25,2000;Page 3 HIGH DENSITY) DISTRICT LOCATED AT 1109 SHERMAN, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Mayor Pro Tem Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None 5. Consider a request for a specific use permit to allow a church in existing structures in an RCR (Residential Conservation and Revitalization)District at 1710 North Street Councilmember Cokinos moved to approve Ordinance Number 00-37 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN EXISTING STRUCTURES IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT,LOCATED AT 1710 NORTH STREET, BETWEEN 1ST AND 2ND STREETS,BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None 6. Consider a request for a specific use permit to allow a two-chair beauty/barbershop on the second floor of an existing structure at 2190 Broadway in an RCR(Residential Conservation and Revitalization) District Councilmember Smith moved to approve Ordinance Number 00-38 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TWO (2) CHAIR BEAUTY/BARBERSHOP ON THE SECOND FLOOR OF AN EXISTING STRUCTURE AT 2190 BROADWAY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None 7. Consider a request to abandon a portion of Highland Avenue north of Euclid Avenue to the dead-end of M.L.K., Jr. Parkway Councilmember Patterson moved to approve Ordinance Number 00-39 ENTITLED AN ORDINANCE ABANDONING A PORTION OF HIGHLAND AVENUE NORTH OF EUCLID AVENUE TO THE DEAD-END OF M.L.K.,JR.PARKWAY,BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None Minutes;April 25,2000;Page 4 8. Consider acceptance of the Walden Road Pavement Widening Project, approving Change Order No. 4 and authorizing a final payment Councilmember Ames moved to approve Resolution Number 00-116 Accepting the Walden Road Pavement Widening Project, approving Change Order No. 4 and authorizing final payment in the amount of$308,826.35. Councilmember Patterson seconded the motion. MOTION PASSED. Council discussion included Council being made aware of change orders decreasing contract MBE participation,the percentage of decrease on this project, clarification that Change Order No.4 adjusts the contract amount for actual work done, and clarification regarding public comments during the Council meeting. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None 9. Consider approving an agreement with Theatre League of Louisiana to partner with the City for the presentation of a three-show theatrical series Councilmember Smith moved to approve Resolution Number 00-117 authorizing the City Manager to execute an agreement with Theatre League of Louisiana(TLL) to collaborate with the City for a three-show Broadway Theatrical Series at the Julie Rogers Theatre for the 2000/2001 season. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, and Patterson Noes: None COMMENTS * Councilmembers comment on various subjects Councilmember Smith expressed pleasure that more entertainment opportunities are being made available and commented that Council packets list the purpose for each change order on Item Eight. Councilmember Ames explained that the agenda is available to the public in the City Clerk's Office. Mayor Pro Tem Goodson voiced pleasure with the attempt to make wholesome family use of the Julie Rogers Theatre,thanked everyone who came forward in support of naming the new south end library for Judge Theodore Johns, Sr., and commented about the importance of library utilization. Councilmember Ames conveyed her desire that the shows planned for the Julie Rogers Theatre will be well attended, and congratulated Judge Theodore Johns, Sr. and his family. Councilmember Patterson announced that the South Park Neighborhood Association will meet April 27, at the South Park Baptist Church at 6:30 p.m., the Tyrrell Park Neighborhood Association will Minutes;April 25,2000;Page 5 meet May 1, at the old Tyrrell Park Elementary School at 7:00 p.m., Neighbors in the Park will be held April 30,at 3:00-5:00 p.m.at Sprott Park;and the Cathedral Community Discount Store will hold its grand opening at 3210 Elmira Street at 10:00 a.m., April 29, 2000. She stated that Early Voting ends May 2, urged everyone to vote, commended Pear Orchard Neighborhood Association for their newsletter, thanked Mr. Duplanter for removing debris on 4th Street in an effort to keep the neighborhood beautiful, thanked the family of Theodore Johns, Sr. and those who came forward to request that the new southend library be named for Judge Theodore Johns, Sr., and reiterated the importance of utilization of the library. * City Manager's Report- Complete Census Count Committee Activities, Texas Book Festival Grant and Residential Demolition Program The City Manager reported that a very extensive effort of meetings,promotions, and advertisements have taken place to further promote the Census,and the results are increased from 1990. Mr.Bonczek stated that in the last two years, 700 homes have been tagged for demolition, 542 homes have been torn down, more than $250,000 has been spent, and stated plans for the future of the Residential Demolition Program. He stated periodic updates will be presented regarding potential tax credits,and stated there is major advertising to promote the"Concerts in the Park." The City Manager reported that the Youth Rescue Mission is in compliance with the exception of shrubs planted along the south and east sides of the property and assurance has been given this will be completed this weekend. The Planning Director has approved modification to the fencing,and the Youth Rescue Mission has given a commitment not to extend beyond the existing facility. Mr.Bonczek commended Central Services Director Kirby Richards and Convention Services Manager Claudie Hawkins for their efforts in comprising a successful proposal for the theatrical productions at the Julie Rogers Theatre. * Public Comment (Persons are limited to three (3) minutes) Mr.Anthony Richards, 1440 Brockman,addressed Council to complain about the Pear Orchard area not receiving the similar services as other areas, and expressed his opinion of comments he deemed as derogatory. Mr. Allen Lee, 5095 Maddox, addressed Council in opposition to the three minute time limit, to complain about rehabilitation needs in the Pear Orchard area, in support of a street user fee for nonresident workers, stated his support for the minimum age of Sexually Oriented Business (SOB) employees being changed from 18 to 21,announced that as mayor he would ensure that this is placed on the agenda, and commented on the need for more entertainment activities in the City. Mr.Leroy Lewis, 1201 Euclid Street,addressed Council to complain about loud music and businesses moving from his neighborhood, the need for more police patrols, and mandatory porch lights. Mr.Joseph Sonny Williams,470 Mary,addressed Council on behalf of his parents,Isaac and Joanna Durresau,who reside at 845 Doucette,to complain about a bill they received from City Curb Service for painting their address on the curb without their prior consent, and asked for Council direction in resolving this issue. Minutes;April 25,2000;Page 6 Mr. Williams was directed to ignore the bill and report the company to the Better Business Bureau. Councilmember Ames volunteered to send a copy of the bill to the Better Business Bureau. City Attorney Lane Nichols stated that this is a private matter, the City is not involved in either allowing or permitting this service, and stated that this information will be forwarded to the Better Business Bureau. Mr. Mark Williford, 6395 Westgate, addressed Council in opposition to allowing an 18 year old to dance in a sexually oriented business, presented a letter from Mr. Kent Chambers, attorney for the Coalition of Family Values,cited a case where a city was upheld in their decision to pass an ordinance to prohibit the sale of alcohol where nudity or partial nudity took place, spoke of being assured by TABC Chief Prosecutor Gayle Gordon that regulating the age of dancers where alcohol is sold does not conflict with the TABC Code, and requested that if the city will not raise the age limit, they prohibit the sale of alcohol where nudity or semi-nude dancing occurs. Ms. Krystal Kerr, a Lamar University student, addressed Council in opposition to raising the age of dancers at sexually oriented businesses to age 21 because of their freedom to choose where they work. Mr.Bill Proctor,4340 Westridge,addressed Council to remind everyone about the Wildwood Sports Day from 9:30 a.m. - 5:00 p.m. on May 6, 2000. Marigene McLaughlin, 520 Jeannette, addressed Council in opposition to allowing an 18 year old to dance in a sexually oriented business, commented about the need for updated equipment and books in libraries, and deterioration of the south side of the city. Mayor Moore thanked everyone for their attendance, thanked Hibernia for joining with the City to provide additional cultural enrichment, asked Mr. Richards to meet with him after the meeting, and asked the City Manager to comment on future upgrades to library computer systems. The City Manager stated that the City has received a grant for 20 new computers with internet access, and Exxon/Mobil has contributed $300,000 for new books . There being no other business, the meeting adjourned at 2:47 p.m. David Moore, Mayor Barbara Liming, City Clerk ell Minutes;April 25,2000;Page 7