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HomeMy WebLinkAboutMIN MAR 26 2002 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 March 26,2002 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Lolita Ramos, Interim City Clerk The City Council of the City of Beaumont,Texas,met in a regular session on March 26,2002,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 Pro Tem Goodson called the meeting to orderat 1:34 p.m.The Reverend James Blackwell, Pastor of South Park Baptist Church,gave the invocation. Mayor Pro Tem Goodson led the pledge of allegiance. Present at the meeting were: Mayor Pro Tem Goodson, Councilmembers Cokinos, Ames, and Samuel. Councilmember Patterson arrived at 1:36 p.m. Mayor Moore and Councilmember Smith were absent. Also,present were Stephen J. Bonczek,City Manager;Lane Nichols,City Attorney; Lolita Ramos, Interim City Clerk; and Terri Hanks, City Clerk Administrative Assistant. Mayor Pro Tem Goodson announced Councilmember Patterson would be detained a few moments due to attending a luncheon hosted by Congressman Nick Lampson which included a delegation from Germany and congressional representatives,and Councilmember Smith is out of the city. He also announced Mayor Moore is in Washington with Mr. Chester Jourdan of the South East Texas Regional Planning Commission attending the National Association of Regional Council Policy Conference and Summit. Presentations and Recognitions One proclamation was issued: "Fair Housing Month" - April 2002. Ms. Gay Ferguson, on behalf of the Golden Triangle Fair Housing Coalition, extended invitations to attend the Fair Housing Conference,April 4-5,at First Baptist Church,602 West Green, Orange, Texas. Public Comment: Persons may speak on items listed on the Consent Agenda No one wished to address the Consent Agenda. Consent Agenda Approval of minutes - March 19, 2002 Confirmation of committee appointments - Appointments: Calvin Williams, Planning Commission, a term expiring March 25, 2005. Reappointments: Dr. George S. Hoffman, Airport Advisory Committee,a term expiring March 18,2004; Ranny Voight,a term expiring January 31, 2004 and Rhonda Hohmann, a term expiring March 20, 2004, Beaumont Advisory Commission for Prevention of Child Abuse and Neglect; Mary Jowers,Civil Service Commission, a term expiring January 31, 2003; Kathy Cornehl and Wanda Grimes,terms expiring February 15,2004,Ken Dollinger,a term expiring February 15,2003,and Michelle Leday and Joyce Lombard, terms expiring February 15, 2004, Drug Free Beaumont Commission; Leonie Bodwin, Historical Landmark Commission,a term expiring March 23, 2004; Dinah Bemsen, Library Commission, a term expiring January 31, 2004; and Lula Henry,a term expiring September 14,2003 and George C.Jackson,a term expiring March 20, 2004, Parks and Recreation Advisory Committee - Resolution No. 02-063 A) Approve a contract forthe purchase of personal computers(with Dell Computer Corporation in the amount of$104,646.50) - Resolution No. 02-064 B) Authorize the granting of a License to Encroach to Richard Gilbert(for structures located at 646-690 and 665-695 Orleans Street encroaching on the City's west and east side of the Orleans Street 61.11 foot right-of-way and onto the City's north side of the Forsythe Street 61.11 foot right-of-way) - Resolution No. 02-065 C) Authorize the granting of a License to Encroach to Apollo Environmental Strategies, Inc.(for the installation of a monitoring well onto the City's forty foot Irving Street right-of-way,adjacent to Plat F, Tract 53, D. Brown Survey, near the intersection of Irving and Buford Streets) - Resolution No. 02-066 D) Authorize the City Attorney or his designee to file and prosecute a lawsuit against C & I Computer Services, Inc., Cheryl Akbari and Kyoomars T.Akbari to collect on a delinquent Small Business Revolving Loan (with a balance of$21,264.02)- Resolution No. 02-067 Council member Coki nos moved to approve the Consent Agenda. Council member Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Cokinos,Ames,Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a zone change from RS(Residential Single Family Dwelling)to GC- MD (General Commercial-Multiple Family Dwelling) District for the property at 2412 Delaware Councilmember Samuel moved to approve Ordinance No.02-019 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THEZONING DISTRICTS,AS INDICATED UPON THEZONING MAP OF BEAUMONT, TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLYZONEDAS RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATEDAT2412 DELAWARE,BEAUMONT,JEFFERSON COUNTY,TEXAS; Minutes March 26,2002 Page 2 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Cokinos,Ames,Samuel, and Patterson Noes: None 2. Consider a request for a specific use permit to provide space for pre-owned furniture and accessories in an RCR(Residential Conservation and Revitalization)District at 2262 North Street Councilmember Cokinos moved to approve Ordinance No.02-020 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO PROVIDE SPACE FOR PRE-OWNED FURNITURE AND ACCESSORIES IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT,LOCATED AT 2262 NORTH STREET,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson,Councilmembers Cokinos,Ames,Samuel, and Patterson Noes: None 3. Considera requestfora specific use permit to allow a jewelry store in Building"B,"Tuscany Park at 3350 Dowlen Road Councilmember Cokinos moved to approve Ordinance No.02-021 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AJEWELRY STORE IN BUILDING"B,"TUSCANY PARK IN A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT FOR PROPERTY LOCATED AT 3350 DOWLEN ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Cokinos,Ames,Samuel, and Patterson Noes: None 4. Consider a request for a specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church at 2185 Wilson Street Councilmember Samuel moved to approve Ordinance No.02-022 ENTITLEDAN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW ADDITIONAL PARKING AND USE OF A TRAILER ON A LOT FOR A FOOD PANTRY AND CLOTHES CLOSET FOR A CHURCH IN A RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGH DENSITY) DISTRICT LOCATED AT 2185 WILSON STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson,Councilmembers Cokinos,Ames,Samuel, and Patterson Noes: None Minutes March 26,2002 Page 3 5. Consider request fora specific use permit forthe renting and leasing of heavy construction equipmentwith the associated storage,repair and maintenance of said equipment at the rear of 1680 W. Florida - ITEM DEFERRED Councilmember Patterson stated concerns with the future usage of the north 200' of undeveloped property on the West Highland Avenue frontage, and the exclusive usage of West Florida Avenue frontage as an entrance and exit. After discussion,item was deferred for one week to notify the property owner the rear 200'of property will be excluded from the specific use permit. Councilmember Ames confirmed the withdrawal of an agenda item and commented the requestorfor a towing service storage withdrew to meet with neighbors to address concerns. 6. Consider conducting a public hearing/workshop to review the 2002 Public Services/Public Facilities and Improvements Applications along with Administration and CDAC recommendations,and make allocations forthe Public Services line item of the 2002 Action Plan,thereby adopting the Final 2002 Action Plan of the Consolidated Block Grant Program With suggestions made by Mayor Moore last week and the absence of Mayor Moore and Councilmember Smith, Mayor Pro Tern Goodson suggested conducting the public hearing while deferring final action until all Councilmembers could be present to deliberate suggestions and issues forthe Consolidated Development Block Grant(CDBG)allocations. City Manager Bonczek and Interim Grants Administrator Janett Blunt discussed the five-year history of funding for public service organizations as shown in Exhibit"A". Ms. Blunt stated the 2002 Federal allocation for CDBG nationwide is approximately $5 Billion, the City of Beaumont's entitlement portion is$2,387,000,and explained the proposed revisions to the 2002 HUD Consolidated Grant Program as shown in Exhibit "B". Councilmember Samuel questioned the amount reprogrammed for minor repairs last year, addressed the issues of non-utilization of minor repairfunds forthe elderly and disabled and the long waiting list for minor repairs,and suggested the program be utilized this budget year. Councilmember Samuel stated if the minor repairs exceed $15,000, it would not be cost effective and replacement housing would be pursued,and requested placing emphasis on roof repairs to prevent further deterioration,and better utilizing funds while serving the public. For the record, Mayor Pro Tern Goodson addressed funds directed to interim assistance under the housing component, confirmed the item is used primarily for raw land site preparation, and mentioned the interim assistance line item being confused with the acquisition line item. Mayor Pro Tern Goodson acknowledged clearance and demolition has effectively stayed the same forthe last several budget years, and discussed being vigilant with the CDBG allocations this budget year for commercial demolition. The public hearing opened at 2:12 p.m. Mr. Steve Warner, (address not given), addressed Council to discuss general public comments and was advised to speak at the close of the meeting. Minutes March 26,2002 Page 4 Ms. D'Juana Davillier, HOW Center administrative assistant,addressed Council to extend appreciation for consideration of a grant which will go toward a new copier machine, submitted an example from the current copier,and stated the HOW Center is a living facility for men recovering from drug and alcohol abuse. Ms. Rosalyn Cobbold, MHMR Spindletop representative, addressed Council for grant consideration in the amount of$20,000 for substance abuse and mental health treatment services,and commented State agencies will notfund mental health treatment services and medicaid will not fund substance abuse treatment services. The public hearing closed at 2:15 p.m. COMMENTS Councilmembers comment on various matters Councilmember Patterson announced the South Park Neighborhood Association will meet Thursday, March 28,6:30 p.m.,South Park Baptist Church;the Tyrrell Park Neighborhood Association will meet Tuesday,April 2, 7:00 p.m.,Tyrrell Park Elementary School; Golden Eagles Motorcycle Club will sponsoran Easter Egg Hunt and Fun Day,Saturday,March 30, 10:00 a.m. to 1:00 p.m., Central Park's Imagination Station; and a Ground Breaking Ceremony hosted by Beaumont Community Housing Development Organization, Inc., Monday,April 1,Noon, Pear Orchard Neighborhood,corner of 011ie and Broussard Streets. Councilmember Samuel requested a status report regarding the Neches River development of the Hike and Bike Trail, and stated concerns with Federal funding and land acquisition litigation. Councilmember Samuel announced the College Street Corridor Neighborhood Association will host an Easter Procession, Saturday, March 30, 10:30 a.m. to 1:00 p.m., starting at the Fire Department Union Hall on College Street and continuing to Fletcher Elementary School. Councilmember Cokinos complimented Congressman Nick Lampson for the successful banquet which included guests from Germany and BASF. Mayor Pro Tern Goodson echoed compliments to Congressman Nick Lampson,stated the Congressman is conducting a study group with members of the Germany Parliament and Congress, and extended appreciation for including Beaumont as a touring location. City ManagersReport-CDBGPublicServiceFunding;ChamberofCommerceAnnualTrip to Austin; Beaumont Track Club; Health Department Employee Recognition City Manager Bonczek discussed planning the Chamberof Commerce's annual trip to Austin to meet with legislators and agencies,the event conflicting with the April 16 Council meeting, scheduling of a mobile meeting, and recognized Tobacco Prevention Specialist Kwa heri Heard for receiving Congressman Nick Lampson's Unsung Hero Award. Public Comment (Persons are limited to three (3) minutes). Minutes March 26,2002 Page 5 Mr. Steve Warren, (address not given), addressed Council concerning former Councilmember John K. Davis's recent prison sentencing, Councilmember Samuel's immunity from prosecution, and the recent indictment of Mayor Moore. Mr. Mark Williford,Westgate Drive,as President of the South East Texas Council on Family Values, addressed Council to announce the initiation of two petitions to reform City government. Mr. Williford stated the petitions are seeking to create an ethics commission for elected representatives and reform the current sexual oriented business ordinance,and will be working with Allen Lee, president of the Concerned Citizens and Tax Payers of America, to support a petition to create term limits. Mr. Williford voiced his opinions on crime, corruption, and history teachings that power will corrupt. Mr. Allen Lee, 5095 Maddox, addressed Council in support of Mr. Mark Williford, and petitions for an ethics commission,raising the age from 18 to 21 for nude dancers,and term limits. Mr. Lee cited other cities having term limits,and commented he would be circulating petitions during early voting and election day. Councilmember Samuel personally responded to Mr.Warren's and Mr.Williford's comments, stated history has taught him that values cannot be legislated,but values come from the heart, and questioned their moral values by asking if they have no fault,then they shall be the one to throw the first stone. He questioned Mr. Williford's reason for not calling for an ethics commission for other local entities and officials and his personal feelings based on morals and Christianity. During Councilmember Samuel's response, Mr.Allen Lee and Mr. Mark Williford continued to cause interruptions and were escorted out of Council Chambers by Police. Councilmember Samuel stated if his comments were not heard,he asked the comments be removed from the records. Council member Samuel continued comments regarding a police review commission,former Councilmember Davis'legal situations being a resultofthe world in which we live with similar situations existing across this country and not being limited to Beaumont,and concluded with statements concerning Council being ethical and having the best interest of the city at heart. Mayor Pro Tem Goodson closed with comments acknowledging that the City is experiencing a difficult time. He spoke of affording citizens time to voice opinions, and was opposed to restricting the privilege, even though, it is not required by law to include a public comment section. Mayor Pro Tern Goodson emphasized this is a public meeting and there are times when comments become very personalized and go beyond the scope of what should be said in a public meeting. He commented the City Charter does not provide term limits and challenged citizens to run for political office. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Christian Jayme Vaughn Stephen Ayres, Jr. v. City of Beaumont, et al Minutes March 26,2002 Page 6 Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk There bei o further business, the meeting adjourned at 2:35 p.m. oft Mayor Pro Tern Guy N. Goodson Loli a Ramos, Int rim City Clerk Minutes March 26,2002 Page 7 FIVE-YEAR HISTORY OF FUNDING FOR PUBLIC SERVICE ORGANIZATIONS By Program Year EA 9-9=8= 2002 03,000-:- 2,31-7 - 2,2 0-� '000: 2,346,000 2,431,000: 2,387,000, CDBG Allocation 88 00 2,3 Public Services 89,3331 268,000! 243,551 ! 66,8561 237,7371 100,000; Public Facilities& Improvements 1 200,0001 133,980 22,1701 23,534: 397631 Total Pub Svc/Pub Fac& Impr 289,333: 401,980 265,7211 90,390! 277,500 100,000, Percent of CDBG Entitlement 12.6%1 17.5%! 11.5%1 3.9%1 11.4%1 4.2% ; allocated to public service organizations EXHIBIT "All Prepared by City of Beaumont, Grants Administration PROPOSED REVISIONS-2002 HUD CONSOLIDATED GRANT PROGRAM 2002 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) Preliminary HOUSING Budget Minor Repair $ 385,000 Funds will be used to repair approximately 25 homes at$15,000 per house. Acquisition 100,000 Funds will be used to purchase approximately 20 lots at$5,000 per lot. Interim Assistance 145,000 Funds will be used for site preparation,including infrastructure. CLEARANCE AND DEMOLITION 442,600 Clearance and Demolition Activities Funds will be used to demolish approximately 150 unsafe residential structures and specified commercial structures. Funds will also be used for project delivery costs. Downtown Clearance 55,000 Funds will be used for downton clearance/cleanup of debris and maintenance. PUBLIC FACILITY&IMPROVEMENT Section 108 530,000 Hotel Beaumont(Section 108 payment)-rehabilitation Crockett Street(Section 108 payment)-rehabilitation Jefferson Theater(Section 108 payment)-rehabilitation Theodore R.Johns,Jr.Libray(Section 108 payment)-new construction L L Melton YMCA(Section 108 payment)-rehabilitation Project delivery costs 2,000 PUBLIC SERVICES Public Services Organizations 133,200 Funds will be used for administrative and operating costs for various public services organizations. CBDO Activities 92,600 Funds will be used for the housing and economic development activities of Community-Based Development Organizations. Activities include home-buyer counseling,project delivery and salaries for CBDOs. ECONOMIC DEVELOPMENT BUILD,Inc. 50,000 Funds will be used to assist with the administration of the Main Street Downtown Development Program. ADMINISTRATION 451,600 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,and regulatory requirements of the HUD Consolidated Grant Program. TOTAL CDBG 2,387,000 PROGRAM INCOME Small Business Loan Fund 170,000 Historic Preservation Loan Fund 20,000 Clearance and Demolition 10,000 TOTAL ESTIMATED PROGRAM INCOME 200,000 HOME 833,400 Funds will be used to assist a non-profit housing development organization with the development of approximately 30 new single family homes. Funds will also be used to assist low/moderate income families with the closing costs,mortgage buy downs,and down payments needed to purchase homes. HOME Administration 92,600 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,and regulatory requirements of the HUD HOME Program. TOTAL HOME 926,000 EMERGENCY SHELTER GRANT(ESG) 83,000 Funds will be used to provide shelter and essential services for the homeless population. TOTAL ESG 83,000 TOTAL 2002 PRELIMINARY BUDGET S_. 3,596,000 Proposed revisions to the Preliminary Budget adopted by City Council on 02/12/2002 EXHIBIT"B"