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HomeMy WebLinkAboutMIN APR 23 2002 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson April 23, 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 April 23, 2002, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to considerthe 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 1:34 p.m. The Reverend Terrance Grant-Malone, Associate Minister of Fellowship Baptist Church, gave the invocation. Mayor Moore led the pledge of allegiance. Present atthe meeting were: Mayor Moore, Mayor Pro Tern Goodson,Councilmembers Cokinos, Samuel, and Patterson. (Councilmembers Smith and Ames arrived at 1:36 p.m.) Also, present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; Lolita Ramos, Interim City Clerk; and Terri Hanks, City Clerk Administrative Assistant. Presentations and Recognitions Three Proclamations were issued: "Texas State HOG Rally Week"-April 22-28, 2002; "Fifty-Fourth Neches River Festival Week" -April 23-28, 2002; and "National Dance Week" - April 26—May 5, 2002. Neches River Festival Social Chairman, Susan Geyser extended invitations to welcome the arrival of the Neches River Festival King at the Riverfront Park tonight, at 6:00 p.m., a parade on Saturday, April 27, followed by a Family Fun Festival at Riverfront Park, and culminating with the Saturday, May 4, coronation of a Neches River king and queen. Public Comment: Persons may speak on scheduled agenda items 7-10 No one wished to speak on the scheduled agenda items. Consent Agenda Approval of minutes - April 9, 2002 Confirmation of committee appointments - Appointments: Donna Meeks, Martin Luther King, Jr. Parkway Commission, a term expiring April 22, 2004; and John Williams, Drug Free Beaumont Commission, a term expiring April 22, 2004. - Resolution No. 02-084 A) Approve a change order (in the amount of$114,130 and final payment in the amount of $570,662 to Horseshoe Construction, Inc.) related to the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-IV - Resolution No. 02-085 B) Approve the purchase of (27) personal computers ($1,333.88 each) and (11) laptop computers($1,490 each)for various City offices(from Gateway Companies, Inc.fora total cost of$52,404.76) - Resolution No. 02-086 C) Authorize the City Manager to submit a grant application (for a grant funding up to $420,993 for the purchase of buses) and execute a contract with the State of Texas to receive Vehicle Capital Replacement funds for the Beaumont Municipal Transit System - Resolution No. 02-087 D) Approve the purchase of one atomic absorption spectrometer (from Varian, Inc. for $55,055) for use by the Water Utilities Division - Resolution No. 02-088 E) Approve the purchase of (153) fire hydrants (from Golden Triangle Pipe and Water for $120,105) for use by the Water Utilities Division - Resolution No. 02-089 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, Samuel, and Patterson Noes: None Presentations and Recognitions A"StormReady" presentation was conducted by Lake Charles National Weather Service Meteorologist Stephen K. Rinard, National Weather Service Meteorologist Roger Erickson, and Beaumont Fire Chief Micky Bertrand. Mr. Rinard discussed the National Weather Service Storm Ready program, which recognizes communities having a heightened awareness of the threat of severe weather. He presented the City of Beaumont with a certificate of achievement in storm readiness and National Weather Service signs for display. Mr. Rinard also announced hurricane season begins June 1. GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 1375 East Lucas Councilmember Samuel moved to approve Ordinance No. 02-025 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY) DISTRICT AT 1375 EAST LUCAS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Minutes April 23,2002 Page 2 Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider a request for a specific use permit to allow for church activities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 6655 Highway 105 Councilmember Cokinos moved to approve Ordinance No. 02-026 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW CHURCH ACTIVITIES IN A RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 6655 HIGHWAY 105, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider a request for a specific use permit to allow a shaved ice retail business in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas Councilmember Cokinos moved to approve Ordinance No. 02-027 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SHAVED ICE RETAIL BUSINESS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 622 W. LUCAS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider a request to abandon a portion of the rights-of-way of Grant Street, Mary Street and St. Anthony Street Councilmember Samuel moved to approve Ordinance No. 02-028 ENTITLED AN ORDINANCE ABANDONING PORTIONS OF THE RIGHTS-OF-WAY OF GRANT STREET,MARY STREET AND ST.ANTHONY STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS, SUBJECT TO RETAINING GENERAL UTILITY EASEMENTS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider a request to amend the Zoning Ordinance, Section 30-2413, Permitted Use Table, to delete eating and/or drinking places with adult entertainment and video tape rental businesses that rent adult video tapes from the RCR, NC, NSC, GC-MD, GC-MD-2 Minutes April 23,2002 Page 3 and GC-MD-3 Districts, and consider other changes related to measurement and distance requirements for adult entertainment uses Councilmember Patterson moved to approve Ordinance No. 02-029 ENTITLED AN ORDINANCE AMENDING CHAPTER 30,ARTICLE VI,SECTIONS 30-2413,PERMITTED USE TABLE,AND 30-33(b) (2), ADULT ENTERTAINMENT USES, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider a request to adopt the South Park Neighborhood Sketch Plan Councilmember Patterson moved to approve Resolution No. 02-090. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 7. Consider an ordinance amending the distance requirement between alcoholic beverage facilities and public and private schools Mayor Pro Tem Goodson discussed businesses currently selling alcoholic beverages near private schools, and confirmed the businesses would be "grandfathered" under this ordinance and there was not a requirement to provide notice to business owners. City Attorney Lane Nichols commented a business could loose their alcohol beverage license if ownership is changed, or if there is a lapse of time in renewing their current alcohol beverage license, and emphasized a new alcohol beverage license would be required to meet the new distance requirements. Councilmember Smith moved to approve Ordinance No.02-030 ENTITLED AN ORDINANCE AMENDING CHAPTER 3, SECTION 3-10, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD PRIVATE SCHOOLS TO THE DISTANCE REGULATIONS CONCERNING FACILITIES THAT OFFER FOR SALE OR POSSESSION FOR THE PURPOSE OF SALE ANY ALCOHOLIC BEVERAGES; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tem Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 8. Consider accepting the 2000 Street Rehabilitation Program Project, approving Change Order No. 1 and authorizing final payment Minutes April 23,2002 Page 4 Mayor Pro Tern Goodson moved to approve Resolution No. 02-091 authorizing Change Order No. 1 in the amount of ($133,221.99), decreasing the original contract amount to $1,800,013.76, and final payment of $206,715.25 to be paid to LD construction. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 9. Consider the purchase of a 75 ft. aerial fire truck for the use in the Fire Department Mayor Moore confirmed the new equipment would be assigned to Fire Station No. 9, located at Shakespeare and Gladys Streets, and the old equipment would be assigned to Fire Station No. 3, located at Kenneth and Woodrow Streets. The Mayor suggested consideration in assigning the newer apparatus to the older parts of the community, due to the structural integrity and materials used in older structures. Councilmember Patterson concurred with the Mayor's statements. Councilmember Cokinos moved to approve Resolution No. 02-092. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 10. Consider a request for a Historical/Preservation Loan Councilmember Smith moved to approve Resolution No. 02-090 authorizing a Historical/Preservation Loan in the amount of$7,750 to Mr. and Mrs. Gerald Carrens for exterior renovations at 2415 Gladys. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters Mayor Pro Tern Goodson requested the City Manager notify businesses effected by the adoption of the alcohol beverage distance requirement ordinance for private schools. Councilmember Ames spoke of the well attended annual Gift of Life luncheon and expressed appreciation to the organization's volunteers,and extended invitations to attend the Neches River Festival. Minutes April 23,2002 Page 5 Councilmember Samuel acknowledged a group in the audience from Lamar University observing the City Council meeting. Councilmember Patterson announced the South Park Neighborhood Association will meet 6:30 p.m.,Thursday at the South Park Baptist Church. She reminded citizens to vote,and announced early voting for the City General Election started April 17 and will end April 30, Monday through Friday, 8:00 a.m. to 5:00 p.m. at City Hall in the City Clerk's Office, and election day is Saturday, May 4. City Manager's Report-March Madness Cleanup; Chamber of Commerce Day in Austin; Miller Library Celebration; Telecommunication Access Rates; Henry Homberg Golf Course; Information Services; Sales Tax Update; Paint-A-Thon; Stormready Comunity; Beaumont Municipal Airport Improvements; Updates on Neighborhood Parks; Updates on the Libraries; 2001/2002 Broadway Theatrical Series City Manager Bonczek reported the North-End March Madness Cleanup was a great success with plans for a cleanup in the South Park area, the Chamber of Commerce Day in Austin was productive, and sales taxes are up with February proceeds up almost 1%. The City Manager commented volunteers painted 27 homes for elderly and disabled citizens during the 14'h Annual Beaumont Paint-A-Thon, and the 2001/2002 Broadway Series ended with a net profit of $4,000. Mayor Moore spoke of a very busy weekend, extended appreciation to the participants of the March of Dimes Walk-A-Thon and the Olympic volunteers of the Y.M.B.L., and discussed greeting the Outdoor Journalist group who are touring the community. The Mayor reported on today's Krispy Kreme Doughnut excitement. Public Comment (Persons are limited to three (3) minutes). Mr. Allen Lee, 5095 Mattox, addressed Council to encourage citizens to vote early and announced conducting petition drives for term limits, ethics commission, and raising the age of adult entertainers. Mr. Lee reported the City Manager arranged a meeting with the Virginia Street and 23`d Street residents to discuss street rehabilitation. Mr. Clarence Provost, 2170 Washington Boulevard, addressed Council concerning a proposal to televise convicted criminals on a local news channel entitled Beaumont Citizens Right To Know. Mrs. Dora Nisby, (no address given), addressed Council to extend appreciation on behalf of the Y.W.C.A. for the recent award of a CDBG grant funds to refurbish the exterior of the Sally Keith Annex building. Mrs. Nisby also extended invitations to attend the 5m Annual Racial Justice Award Reception, recognizing Councilmember Smith, April 30 in the new Dora Nisby Tea Room. Minutes April 23,2002 Page 6 Mr. Frank Keifer, 3190 Willowood, addressed Council to request consideration in constructing an elevated pedestrian crosswalk over Eleventh Street at Delaware, and discussed the perils of school students crossing the high traffic area. Mr. Michael Moeller, 4040 Crow Road, Apartment 1305, addressed Council to voice opposition to the term limits and the age increase of adult entertainers petitions. Mr. Mark Williford, 6395 Westgate Drive, addressed Council to speak in support of the term limits,ethics commission,and adult entertainer petitions,and discussed employment opportunities in the National Guard and Army Reserves, crime statistics, and distance requirements. Mr. Robert Preston, 1190 Iowa Street, addressed Council concerning the enforcement of the sign ordinance. Mr. Roberto Flores, 2425 Buchanan, addressed Council as president of the Avenues Neighborhood Association to discuss the sexual orientated business ordinance and a sexual orientated business in his neighborhood. Mr. Flores was instructed to meet with the City Manager after the Council meeting. Mr. Jude Paredez, 10620 Gage Road, addressed Council to suggest the motto"to protect and to serve"be replaced on police vehicles,two police officers assigned to a vehicle, and discontinuing the use of motorcycles by police officers for safety reasons. Mr. Terrance D. Grant-Malone, 6550 Phelan, addressed Council to encourage voter participation, and extended appreciation to Council for youth activities. Ms. Donna L. Ferchak, 7540 Shadowcreek Drive, addressed Council concerning the sign ordinance and entities not following the guidelines. Mayor Moore extended appreciation for attendance and participation in the process, stated Council allows the open microphone in an effort to better understand citizens, and encouraged citizens to attend neighborhood meetings and the Beaumont One Commission. The Mayor distributed Krispy Kreme donuts to the audience. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Vaughn Stephen Ayres, Jr. v. City of Beaumont, et al * 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 being no further business, the meeting adjourned at 2:52 p.m. Minutes April 23,2002 Page 7 David W. Moore, Mayor olita )'Ramos, Interim Ci Clerk Minutes April 23,2002 Page 8