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HomeMy WebLinkAboutMIN MAR 24 1998 M I N U T E S -, CITY OF BEAU MONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames,Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis MARCH 24, 1998 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on March 24, 1998, 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 1:32 p.m. The Reverend Lowell Whited, Church of Christ Student Center, Lamar University, gave the invocation. Mr. Bill Neild, former mayor of the City of Beaumont, led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson. Also present were Ray A Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Public Comment: Citizens were invited to comment on the Consent and Main Agenda Items 1 and 10. Mr. Bill Neild, former City of Beaumont mayor, 1256 Moore Road, addressed Council in support of the projects that will be funded by the issuance of $15,000,000 in Certificates of Obligation, but said he philosophically objects to Certificates of Obligation because there is no voter approval. Mr. Allen Lee, 5095 Maddox, addressed Council by first questioning the issuance of$15 million in Certificates of Obligation raising property taxes, told Mayor Moore and Mayor Pro Tem Ames they should give back raises given them if taxes are to be increased, again made accusation of travel policy violations, said he has submitted papers to the District Attorney's office and claimed mismanagement by city officials. Mr. Lee said that an increase in sales tax and hotel-motel tax should be considered before an increase in property taxes. He again made claims of misuse of funds and admonished Mayor Moore and Mayor Pro Tem Ames to give back salary increases. He made derogatory remarks about bringing nothing back from trips, and in response to instructions to leave the podium, said he would not remove himself; and if he was removed by directive, he would sue the mayor for violation of his first amendment rights. Mayor Moore instructed Officer Blankenship to escort Mr. Lee from the podium, and then from the chamber, after Mr. Lee made further comments from the rear of the auditorium. Mr. Dennis Gifford, representing the Lumberton Volunteer Fire Department, addressed Council in support of Consent Agenda Item C and reviewed the request for conversion of an existing district into an emergency services district. The following consent agenda items were considered: * Approval of the minutes of the special meeting held March 17, 1998, and the regular meeting held March 17, 1998; * Confirmation of committee appointments - Resolution No. 98-72 A) Consider waiving the rental fees at the Civic Center for an event designed to help veterans and homeless persons living in Southeast Texas (an event hosted by the Task Force for Houston Area Homeless Veterans, VA Outpatient Clinic and other local non-profit organizations on September 25, 1998) - Resolution No. 98-73 B) Approve an annual contract for preventative automotive maintenance (The Lube Shop with estimated annual expenditure of $44,200) - Resolution No. 98-74 C) Approve a resolution giving consent for the conversion of the Hardin County Rural Fire Protection District No. 1 into an "Emergency Services District" (Conversion requested by the Lumberton Fire Department) - Resolution No. 98-75 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None *Presentations and Recognition: Mayor Moore recognized the presence of several military members and invited Lieutenant Colonel Virginia Closs, commander of the 834th Transportation Battalion, Military Traffic Management Command Wester Area, to the podium. Lieutenant Colonel Closs spoke of the long and continuous relationship between the military and the City of Beaumont and extended thanks for the outstanding support received during their tactical exercise. She spoke of the cooperation, partnership and growth. Lieutenant Colonel Closs' appreciation included the Chamber of Commerce for the excellent and information regarding the city, the Fire Department for their assistance with the helicopter air operations, the Police Minutes;3/24196;Page 2 Department as convoy escorts providing safe passage for the military personnel, the local news media for very favorable coverage, and the helpfulness of local businesses. She stated that Beaumont is an extremely patriotic city and complimented the local stevedore labor. She said their presence has been at the Port of Beaumont since 1954 and introduced her superior, Colonel Robert Garcia. Colonel Garcia presented plaques to Mayor Moore for the City of Beaumont; to Chief Scofield for the Police Department; and to Chief Bertrand for the Fire Department. Colonel Garcia expressed appreciation to each recipient for their individual cooperation and support of the military unit at the Port of Beaumont. Lieutenant Colonel Jim Fleming added comments about his participation in bringing 400 soldiers from Virginia to Beaumont as part of about 900 for this exercise, complimented the Invocation and Pledge of Allegiance that began the meeting and the feeling of Americanism that is felt. He said that Beaumont gives soldiers from all over the United States an opportunity they usually don't get, and said they love the weather and the hospitality. Port of Beaumont officials Bill Kimbrough, Terry Jordan and Bill Masters were acknowledged, and Mayor Moore stated that we are proud to have the military in Beaumont and thanked them for protection they offer to our Country. Before commencing regular agenda items, Mayor Moore commented that City Council meetings are normally very open, but said they will be kept orderly. He noted that sometimes prior to elections, certain people position themselves to create a lot of controversy. Mayor Moore said Council is not to be placed in a position of defense, and said statements made earlier were very slanted and tactless. He said it is unfortunate to restrict comments, but as presiding officer, he will keep the meeting civil, orderly and respectful. Also, Mayor Moore commented that Council has worked very openly with the community in an effort to ensure that public trust is in place, to keep promises made in the past, as well as the present. He said that priorities and needs do change, commented about the respect felt for former mayor, Bill Neild, and asked the City Manager to explain differences between Certificates of Obligation and a bond election. GENERAL BUSINESS 1. Consider authorizing the issuance of$15,000,000 of Certificates of Obligation The City Manager explained that issuing Certificates of Obligation is a manner in which to fund many projects, and a bond election addresses specific projects. Mr. Riley said this $15 million applies to many projects and that another $15 million will need to be issued in another year or two to complete Capital Improvement Projects. Minutes;3124M;Page 3 Councilmember Goodson commented that previous Council discussions last year regarding the ultimate need for a tax increase that did not generate much interest, but said now that the time is approaching for this consideration, there has been added interest. Councilmember Cokinos questioned passage of this ordinance and a tax increase; and Mr. Riley responded that an immediate tax increase for this purpose will not be necessary, but will be needed by 2000. Mr. Riley further addressed financing procedures and said that projections made at the time bonds are issued are likely to be inadequate because general estimates of a project are flawed because of price increases at the time of actual construction and completion dates. He stated that Certificates are more likely to project accurate costs if they are reviewed annually. Councilmember Cokinos stated that he wanted to be on record in opposition to an increase in the property tax rate. Councilmember Davis added comments supporting the growth of our city, costs related to growth, obligation to fulfill past, present and future promises in a fair and equitable manner, and the assurance that circumstances will be scrutinized before any tax increase. Mr. Frank Ildebrando of Dain Rauscher Incorporated, the City's Financial Advisor, addressed Council and stated that issuing Certificates of Obligation is not a circumventure of voters. They will have the right to come before Council before the C.O.'s are issued, and said another advantage of issuance of Certificates of Obligation is the approximate cost savings of $40,000 in not conducting a bond election. Results of bids received at noon today by underwriters were reported by Mr. Ildebrando. William R. Hough & Co. submitted the low bid of a 5.08230 effective interest rate, followed by Dain Rauscher, Inc. submitting a 5.1055 effective interest rate and Southwest Securities, a 5.1261 effective interest rate bid. Councilmember Smith moved to approve the 5.0823 effective interest rate bid of William R. Hough & Co. and to adopt Ordinance No. 98-19 entitled an ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $15,000,000 THE CITY OF BEAUMONT, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,SERIES 1998; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AND CONTAINING OTHER MATTERS RELATED THERETO. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None Minutes;3/24198;Page 4 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) to GC- MD-2 (General Commercial-Multiple Family Dwelling-2,) for property located at the northeast corner of Phelan Boulevard and Shakespeare Mayor Pro Tem Ames moved to adopt Ordinance No. 98-20 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)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHAKESPEARE AT PHELAN BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider a request for a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 1625 Franklin Street Councilmember Davis moved to adopt Ordinance No. 98-21 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN NC(NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 1625 FRANKLIN STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider a request for a specific use permit to allow a one story office building on a lot zoned RM-H (Residential Multiple Family Dwelling-Highest Density) at 2085 Dowlen Road Councilmember Cokinos moved to adopt Ordinance No. 98-22 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ONE-STORY OFFICE BUILDING ON A LOT ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 2085 DOWLEN ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Minutes;312498;Page 5 5. Consider a request for a speck use permit to allow a funeral home and mortuary in a GC- MD (General Commercial-Multiple Family Dwelling District at 2797 Magnolia Councilmember Davis moved to adopt Ordinance No. 98-23 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME AND MORTUARY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 2795-2797 MAGNOLIA, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 6. Consider a request for a specific use permit to allow the construction and operation of a wholesale and retail paint business in a GC-MD (General Commercial-Multiple Family Dwelling) District on the north side of College Street located 127 feet east of Dixie Drive Councilmember Cokinos moved to adopt Ordinance No. 98-24 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A WHOLESALE AND RETAIL PAINT BUSINESS IN A GC-MD (GENERAL COMMERCIAL-BUSINESS IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT ON THE NORTH SIDE OF COLLEGE STREET (U.S. 90), LYING 127' EAST OF DIXIE DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS with the stipulation that the site plan be revised by shifting everything six feet north as recommended by the Planning Commission. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Cokinos, and Davis Noes: Councilmembers Goodson and Patterson 7. Consider a request for a specific use permit to allow the administrative office of a home health sitter service in an RCR (Residential Conservation and Revitalization District at 2325 Liberty Avenue Councilmember Smith moved to adopt Ordinance No. 98-25 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE ADMINISTRATIVE OFFICE OF A HOME HEALTH SITTER SERVICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2325-2335 LIBERTY AVENUE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS with the stipulation that parking be prohibited in the driveway on the east side of the property as recommended by the Planning Minutes;WNW;Page 6 Commission and that parking in the front yard be prohibited. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 8. Consider a request for a specific use permit for a wholesale durable goods business in a GC-MD (General Commercial-Multiple Family Dwelling) District in an existing building at 10255 Eastex Freeway Councilmember Cokinos moved to adopt Ordinance No. 98-26 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF A WHOLESALE DURABLE GOODS BUSINESS INVOLVED IN THE WASTEWATER DISPOSAL INDUSTRY IN AN EXISTING BUILDING IN A GC- MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 10255 EASTEX FREEWAY, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 9. Consider amending Section 30-21.2 of the Zoning Ordinance relating to historic district regulations involving paint colors and facade materials Councilmember Cokinos moved to adopt Ordinance No. 98-27 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-21.1(g) (1)h, COLOR AND SECTION 30-21.2 (g) (1) j, FACADE MATERIALS OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT THE SAME BEING THE ZONING ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 10. Consider authorizing the acquisition of property for the FM 364/Major Drive Project Councilmember Goodson questioned TXDot's commitment to Phase II of the project from Humble Road to Interstate Highway 10. City Engineer J. P. Colbert reported that the Texas Department of Transportation is committed funding Phase II of the project. Councilmember Goodson expressed concern about purchasing property without assurance that TXDot Minutes;3/24198;Page 7 would ultimately fund the project, and said that before going beyond this acquisition, he would like a better assurance of State support and information about sub-phases of the funding process. Councilmember Smith moved to approve Resolution No. 98-76 authorizing purchase of Parcel 22: 0.099 acre out of Lot 1, Block 2 of Willow Creek One Subdivision, 8395 Willow Bend Drive, for the final negotiated value of $136,225 from Harry D. Phelan. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters: Councilmember Davis related that Council receives a weekly list of building permits issued within the city and are able to track growth with that information and congratulated Councilmember Patterson as recipient of the "Woman of the Year" award from the National Association of University Women. Mayor Pro Tem Ames referred to earlier comments made by Mr. Lee and said his facts are not straight or true. Also, Mayor Pro Tem Ames reiterated that voting in support of the Certificates of Obligation today did not mean a vote for a tax increase. Councilmember Cokinos thanked Mr. Bill Kimbrough for the excellent exercises at the Port of Beaumont and the 834th Transportation Batallion and the 101 st Airborne Division. He said he was very impressed with the USN Bella Trex. Councilmember Cokinos said the ship was 946 feet long, almost the size of an airplane carrier and the length of three football fields. Councilmember Cokinos thanked Mr. Kimbrough for the tour. Councilmember Goodson added thanks for the tour and to the military staff, City staff, and the Fire and Police Departments. He commended Lieutenant Colonel Virginia Closs' for an excellent job. Councilmember Smith said the tour at the Port of Beaumont was a real treat and spoke of the efficiency in assembling the helicopters for flight. She commented that it doesn't matter if Certificates of Obligation are issued or a bond election held, we still have to pay our debt service, and we have to persevere with projects for continued growth. Councilmember Smith asked Planning Director Steve Richardson to check zoning for the location at Concord Road and Highway 105 Extension because a sign is displayed advertising it as being the home of a future car wash. Minutes;3!24/98;Page 8 Mayor Moore referred to comments about the cooperation and ability of stevedores assisting the military and said it speaks well of our work force. Mayor Moore reported attending a youth basketball tournament in Austin this past weekend and complimented the parents and children. He said the spirit of Beaumont is in place, and that parents, players and coaches represented the city well. *Public Comment (Persons are limited to 3 minutes) Mr. Lafayette Spivey, Jr., 6010 Chandler Drive, announced that a meeting of the Golden Triangle Minority Business Council will be held Wednesday, March 25, at 9:30 a.m. at the John Gray Library at Lamar University. He said they will be visited by the Houston Business Council in an effort to consolidate the groups. Mr. Spivey said they would like to preserve their autonomy and requested representation by Council at the meeting. Mr. Kerry Abney, P.O. Box 176, Nome, TX, addressed Council regarding installation of a new floor at the Harvest Club and forthcoming use regulations. Mr. Abney told of his association with youth groups and their activities and said that not allowing vehicles to be admitted to the Harvest Club after installation of the new floor will impact their programs. He said that Chevrolet dealers have traditionally supported and underwritten YMBL projects at the Fair and may not be able to lend their support if cars are not allowed at the Harvest Club. Mr. Abney said the Harvest Club needs to be open at all times, that Chevy dealers really help kids and spend about $40,000 for children at the auctions and asked for reconsideration of the rule. Mayor Moore said the matter will be investigated. Mr. Richard Parrish, 5460 Beaumont Drive, Kountze, TX, the County Extension Agent for Agriculture in Hardin County, addressed Council to reiterate Mr. Abney's comments and in support of the YMBL Livestock Show and their contribution to young people and the benefits received from the Chevrolet dealers. Ms. Elva Dial, 962 Jap Lane, Vidor, TX, addressed Council to add support to Mr. Abney's request. EXECUTIVE SESSION *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Robert Glenn Perritt v. Stenson E. Terry, Jr. et al City of Beaumont v. Oakmont Development Corporation Linda Frederick v. City of Beaumont Felicia Rene Adams v. City of Beaumont, et al Claims of Doris Livings Minutes;3!24198;Page 9 There being no further business, the meeting recessed at 3:40 p.m. to reconvene in executive session. Mayor David W. Moore Patrice Fogarty, Ci Clerk Minutes;3/24/98;Page 10