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HomeMy WebLinkAboutMIN FEB 03 1998 M I N U T E S ,- CITY OF BEAUMONT Lulu L.smith DAVID W. MOORE, MAYOR Becky Ames,Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K. Davis FEBRUARY 3, 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 February 3, 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 1:35 p.m. The Reverend Winston Hancock, Parkside Christian Church, gave the invocation. Mr. John Naumczik 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. *Presentations and Recognition: A) Public Relations, Marketing and Advertising Agent, Ms. Jessie Haynes, with Haynes and Associates, announced that more than 65,000 holiday greeting cards were collected during the two-week effort of"Keeping Holiday Cards out of the Landfill." Co-sponsors of this project were our Solid Waste Department and Dow Chemical. Local radio stations promoted the endeavor, and Market Basket Stores participated by being available as drop- off locations and providing free donuts for a month for the AM radio station that generated the most cards for recycling. The cards will be delivered to area schools by local Dow retirees to be used in art classes where students will be making new greeting cards, book markers, place mats, decorations, address books, story books and other art projects. Mr. Chuck Barby, Marketing Director for Market Basket , Volunteer Dow retirees--Mrs. Mabel Turner and Mr. and Mrs. Kenneth McCandless,joined Ms. Haynes to present trophies to the radio stations. The AM Radio Station Winners were: 3rd Runner Up, KALO; 2nd Runner Up, KOLE; 1 st Runner Up, KAHN; and the Grand Prize Winner for generating the most greeting cards for collection was KLVI. B) Fifteen students from Mrs. Susan Lampson's class from Oaks Education Center were introduced to Council. Mrs. Lampson said the students were studying all levels of government and were attending Council today for a first-hand experience. C) Mayor Moore called City Clerk Patrice Fogarty forward and congratulated her for receiving the Municipal Clerk of the Year Award from the Golden Triangle Chapter of the Texas Municipal Clerk's Association for her professionalism, outstanding qualities of leadership, exemplary dedication to the growth and progress of the Golden Triangle Chapter, and good government. Council added their congratulations to the City Clerk. *Public Comment: Citizens were invited to comment on the Consent and Main Agenda Items 2 through 6. Mr. Jim Brown, general manager for Team Mates, thanked Council for listening to the points of view of the business establishments affected by Agenda Item 2, discussed licensing all employees, said some college students might be hurt professionally by licensing and asked that only managers and dancers be licensed. Mr. Mark Douglas, manager for Dream Street, thanked Council for changes already made in the sexually oriented business ordinance, expressed concerns about licensing--safety of employees, confidentiality of information, and transferability of license, and asked that adult cabarets be excluded from licensing. Ms. Kathryn Hyde, a dancer at the Foxy Lady at 5113 Martin Luther King Drive, addressed Council as a 30-year Marine retiree attending Lamar University, in opposition to the license fee for dancers because it is "not an overly lucrative business, contrary to popular belief." She said some of the dancers are students earning their way through college and others are mothers choosing this occupation and not taking public assistance for their children. Mrs. Katherine Wigington, 910 Elgie, told Council she is sorry these ladies think this is the only way to make a living, said she and her husband raised three, college-graduate children on a modest income, and asked that Council not water down the sexually oriented business ordinance to the point of being ineffective. She spoke about enforcement and safety of Lamar students. Also, Ms. Wigington spoke in support of Agenda Item 3 authorizing improving Chaison Street from Threadneedle to Harriot. Mr. John Fisher, 3817 Ernestine, thanked Council for the deliberation time taken on the sexually oriented business ordinance. Mr. Fisher said property values around these establishments are affected contrary to studies referenced, said he has talked with several business owners and cited an example of Phelan Properties not being able to consummate an investment in property near these establishments. He suggested listening to businessmen, restated his belief in the .detrimental affect on real estate and urged passage of as strong an ordinance as possible. Mr. Brad Lewis, 13455 Thousand Oaks, expressed thanks to Council for going through all the struggles with the sexually oriented business regulatory ordinance, stated that government is to protect citizens, that if laws do not protect families in a community, they leave. Mr. Lewis further Minutes;2!3196;Page 2 discussed property values, business location influenced by environment, and tax base effects. He relayed that he had invited a former waitress at one of the establishments to attend Council, but she declined because she was afraid of retribution, but told him she was asked by management to go dance at certain places where drugs were sold. Mr. Lewis said this environment is conducive to prostitution and sale of drugs. He spoke of figures received from the Police Department relating to criminal activity in areas where these clubs are located, said this is an industry that exploits women and said health issues are to be considered. He further spoke of the spread of AIDS caused by body fluids remaining on the floor, private sex acts in a public facility, and obligations to businesses and citizens and encouraged strict restrictions on these businesses. Mr. Ralph McBride, 27 Sawyer, also reiterated appreciation for Council consideration of the sexually oriented business ordinance, questioned the changes made in the original ordinance and was informed that they would be covered at the time of consideration for a vote. Mr. McBride said he knows of a number of pastors and churches in the community that would be willing to assist any woman in finding a change of employment that feels degraded and uncomfortable with her employment. He said licensing issues are important and supported implementation as requested by the Police Department, no further dilution of the ordinance. CONSENT AGENDA The following consent agenda items were considered: Approval of the minutes of the regular meeting held January 27, 1998; Confirmation of committee appointments - Resolution No. 98-20; A) Authorize the Police Department to apply for and accept if awarded a grant titled "S.T.O.P. Violence Against Women Act (VAWA)" from the Criminal Justice Division, Office of the Governor ($20,555 per year for two years for continuation of the Case Specialist in the Domestic Violence Unit) - Resolution No. 98-21; B) Authorize the acceptance and dedication of a right-of-way easement for the extension of Folsom Road (15.249 acres conveyed by DD6) - Resolution No. 98-22; C) Authorize the execution of a Bridge Load Posting Agreement with the Texas Department of Transportation (for the Helbig Road Bridge) - Resolution No. 98-23; D) Approve a contract for asbestos removal in the former Edwards Elementary School located at 4400 Detroit (by Marcor, Inc. In the amount of$30,000) - Resolution No. 98-24; E) Approve the purchase of toilet partitions to be installed in various City facilities (Moore Supply Company in the amount of$18,996.65) - Resolution No. 98-25; Minutes;D3198;Page 3 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 Prior to conduct of General Business, Mayor Moore spoke of Council responsibility in decisions, expressed hope that a spirit of cooperation among everyone would be taken from this meeting regardless of which side they prefer. He pointed out that there was an expression of resources that someone might want to take advantage of regarding a career choice, and said hardship on businesses is not Council's intent. GENERAL BUSINESS 1. Consider approving changes to the Zoning Ordinance Councilmember Cokinos moved to approve Ordinance No. 98-7 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES BY REPEALING, AMENDING AND ADDING CERTAIN SECTIONS TO THE ZONING ORDINANCE; PROVIDING FOR THE ELIMINATION OF THE CSC (COMMUNITY SHOPPING CENTER) ZONING DISTRICT; PROVIDING FOR THE ESTABLISHMENT OF A GCMD2 (GENERAL COMMUNITY MULTI-FAMILY DWELLING) DISTRICT-2 AND A (GCMD3) GENERAL COMMUNITY MULTI-FAMILY DISTRICT-3; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None 2. Consider an ordinance regulating sexually oriented businesses City Attorney Lane Nichols reviewed changes made to the proposed ordinance from suggestions made by Council at the workshop session last week that included: general language revision, defined employee to exclude such employees as lawn or maid services or those working off-premise, added provision for Council concurrence before a revocation of denial or suspension, reduced the annual employee fee to $25.00, devised a method of protecting the employee's address and telephone number by not making it available to the City initially, but to the employer who would Minutes;2r";Page 4 provide the information to the City, if needed, cubicle door prohibition for book stores removed, and provision for a seven-day grace period for new employees to make application and obtain an employee license. Councilmember Cokinos moved to adopt Ordinance No. 98-8. Mayor Pro Tem Ames seconded the motion. Council questions and concerns included license transferability, employees other than entertainer and owner/manager being licensed, open inspections for adult book stores, inclusion of cabarets in ordinance, secondary effects of these businesses, justification of fees and possibility of no license fee charge. Councilmember Goodson suggested using a sliding scale fee as is the practice in some City departments and beginning with an annual license fee of $25.00 and subsequent renewals of $15.00 per year. Councilmember Cokinos moved to amend the ordinance to establish an annual $25.00 license fee with a $15.00 renewal fee. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None After reading the ordinance caption, the vote returned to Councilmember Cokinos' original motion, and Mayor Pro Tem Ames' second, to adopt, as amended, Ordinance No. 98-8 entitled AN ORDINANCE PRESCRIBING DEFINITIONS OF SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESS AND EMPLOYEES; PROVIDING FOR ADDITIONAL MISCELLANEOUS REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider authorizing a project to improve Chaison Street from Threadneedle to Harriot Councilmember Patterson moved to approve Resolution No. 98-26 mending the five-year Capital Program for Fiscal Year 1998 through Fiscal Year 2002 to reflect the addition of the Chaison Street Extension for an estimated amount of$200,000. Councilmember Cokinos seconded the motion. MOTION PASSED. Minutes;2!3/98;Page 5 Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider approving a change order and final payment related to the North Trunk Line Rehabilitation Project Councilmember Cokinos moved to approve Resolution No. 98-27 authorizing Change Order No. 1 in the amount of $88,664 and final payment in the amount of $156,049.78 to Allco, Inc. for sanitary sewer improvements to the North Trunk Line Rehabilitation Project, Contract No. 8. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5 Consider approving a change order and final payment related to the 23rd Street Interceptor Rehabilitation Project Councilmember Goodson moved to approve Resolution No. 98-28 authorizing Change Order No. 2 in the amount of$9,047.60 and final payment in the amount of $90,512.19 to Allco, Inc. 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 authorizing a one-year contract with the Chamber of Commerce Councilmember Cokinos moved to approve Resolution No. 98-29 authorizing a contract in the amount of $50,000 paid in quarterly payments to the Chamber of Commerce. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Cokinos, Davis, and Patterson Noes: None Minutes;2/3198;Page 6 COMMENTS * Councilmembers comment on various matters: Councilmember Smith commented that the sexually oriented business ordinance has been a long, divisive issue and is glad it is behind us, said she is concerned with limiting people's freedom of expression and freedom of speech, and does not feel all the statistical data collected proves decrease in property values, or increase in crime or sexually transmitted diseases because of these businesses. Councilmember Goodson noted that all six items on today's agenda that deal with zoning, street improvement, drainage, sanitary sewer improvements and promotion of economic development will probably affect the community more than the one that was so controversial. Mayor Pro Tem Ames reported that she has received calls about a cut-through median at Miller Library and concerns about safety, asked for direction in processing this concern. Councilmember Davis thanked Council for passing the zoning ordinance, reported to citizens that applications for specific use permits will have to be received before half-way houses can be established, and said he thinks results of the sexually oriented ordinance process were excellent. Councilmember Patterson said Council and Staff worked hard not to violate anyone's constitutional rights on the sexually oriented business ordinance and is pleased with the ordinance, expressed appreciation for extension of Chaison Street repairs, commented about the feeder road and Walden Road needing repairs. Mayor Moore reported on the foodfest held at the Green Beanery last week for area soup kitchens, commented that the loss of Mrs. Thelma Jeter, a very courageous lady, will be felt not only by Orange County, but all of Southeast Texas, expressed a desire that we all leave with a spirit of cooperation and partnership to make neighborhoods better, asked each neighborhood to work toward building a better and stronger community. *Public Comment (Persons are limited to 3 minutes) Ms. Cindy Loden, owner of Lumpkin Wrecker Service at 5706 College, distributed packets to Council containing new wrecker applications and inspections sheets required by the Police Department and expressed opposition to the information required such as road tests and specific details and dates, times, case numbers, court number of past tickets. She stated that her insurance only covers listed drivers and probably most people cannot remember the exact details of tickets received. She spoke of other detailed information Minutes;2/3!98;Page 7 requests, the additional paperwork created by the new inspection sheets and asked Council to request the Police Department slow down with this new procedure. Ms. Sharon Braquet, Bra-K Wrecker Service, addressed Council to speak of wrecker fees, information on the applications she feels is intrusive and excessive and subjects them to fear of suspension and asked for an up-to-date ordinance. Mr. John Naumczik, 370 Giles, addressed Council to suggest that one of the empty school buildings be renovated and become a technical high school. He reviewed his experience in companies desiring to employ young people with practical, technical experience and the added opportunity for young people not able to attend college. Also, Mr. Naumczik referred to the sexually oriented business ordinance that was passed, named Stubenviile, Ohio, Calumet City and Argo, Illinois, as areas well-known as sin strips and pointed out that syndicates come into these areas and tend to work in smaller towns. EXECUTIVE SESSION *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Linda Frederick v. City of Beaumont Claim of Timothy Daigle There being no further business, the meeting recessed at 3:38 p.m. to reconvene in executive session. Mayor David W. Moore 1 Patrice Fogarty, ity Cl" Minutes;2!3198;Page 8