Loading...
HomeMy WebLinkAboutMIN MAY 28 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 28, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of May, 1996, with the following present: HONORABLE: David W. Moore Mayor Andrew P. Cokinos Mayor Pro Tern Councilman-At Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Ronald Rowe, First Reformed Presbyterian Church The Pledge of Allegiance was led by Dr. Jerry Mallett, outgoing superintendent for the Beaumont Independent School District. -000- Five Proclamations were issued: "1996 Olympic Torch Relay Day," May, 22, 1996 (Commemorative Olympic cartons of Coca Cola, lapel pins and flags were presented to each Councilmember and a commemorative plague that read, 1996 Olympic Torch Relay in recognition of being a host city to the Olympic Torch Relay to the Honorable David W. Moore);" a Proclamation expressing appreciation to "Ruth Naumczik"for all of her efforts in making the the Olympic Torch Relay a success as chairman of the Adopt-A-Block Committee and in recognition of her continued efforts to make Beaumont a better city in which to live; a Proclamation recognizing thirty years of leadership skills and accomplishments of "Dr. Jerry Mallett" while serving as teacher, coach, assistant principal, principal and as the Beaumont Independent School District Superintendent; "Firefighter Appreciation Month," May, 1996; and "Emergency Medical Services Week," May 171 May 28, 1996 19-25, 1996. -000- Mayor Moore read portions of a letter received from Ms. Sandra Thibault relating an industrial accident that would have cost her her left arm except for the speed and expertise of EMS workers. In the letter, Ms. Thibault thanked the rescue team and expressed a desire to meet the technicians who responded with skillful assistance. Mayor Moore called Ms. Thibault and Fire Chief Bertrand forward and Councilman Ames read Certificates of Appreciation that said: "As mayor or Beaumont, I would like to congratulate you on a job well done. Your commitment and dedication to preserving the safety and security of the citizens of this community is commendable. On January 4, 1996, you and your colleagues responded to an emergency industrial call that involved an injured woman. This woman's life was saved because of the level of care she received from you and your fellow Fire Department employees. You are an asset to this community and the City of Beaumont is fortunate to have you as an employee." The Certificates were signed by Mayor Moore and dated May 28, 1996, and presented to Patrick Kadilis, Frank Trevino, Charles Bryan, Bryant Champagne, Rob Robinson, Gary Hatcher and Andy Foote. Expressions of appreciation to the EMS technicians for faithful and dedicated service were made by Chief Bertrand, Ms. Thibault, Mayor Moore and Council. In response, representatives of the EMS technicians voiced the personal satisfaction they receive in serving the community and thanked Council for supporting the EMS Division. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 9 through 11. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held May 14, 1996; Resolution No. 96-127 appointing Pat Satterwhite to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect, Ed Culotta to the Sister City Commission and James Oliver as Chairman of the Sister City Commission for terms expiring May 27, 1998 and appointing Lawrence Evans to the Beaumont Housing Authority to fill the unexpired term of Robert Pollard until February 28, 1997; Resolution No. 96-128 accepting Street and Storm Sewer Improvements: Gladys Avenue from existing Major Drive approximately 384 feet west to dead end; and Water and Sanitary Sewer 172 May 28, 1996 Improvements: Lots 1 and 2, Gladys Business Park, contingent on filing of final plat complete with proper filings of dedication of all rights-of-way and easements required on preliminary final plats; Resolution No. 96-129 accepting Street and Storm sewer Improvements: Wildflower Drive from existing Wildflower Drive approximately 219 feet south to 3 OM-4P end of roadway markers and Indian Blanket Drive from proposed Wildflower Drive approximately 626 feet west to 3 OM-4P end of roadway markers; and Water and Sanitary Sewer Improvements: Lots 8-12, Block 3; Lots 21- 30, Block 6; and Lots 1-9, Block 7; in Gladys West, Section Three, contingent of filing of final plat complete with proper filings of dedication of all rights-of-way and easements required on preliminary and final plats. Resolution No. 96-130 authorizing purchase of two (2) twenty-four inch (24") vertical axial flow propeller pumps from Pumps and Equipment of Texas, Inc. in the amount of $48,800.00 for use by the Water Utilities Department; Resolution No. 96-131 authorizing modification to the contract with Allco, Inc. for the South Park Drainage Project - Phase I to allow payment for materials on hand as invoiced by the material supplier to the contractor up to $1,150,000 at a maximum rate of$375,000 per month; Resolution No. 96-132 authorizing purchase of five mobile data terminals (MDT's) for use in the Emergency Medical Services (EMS) ambulances from Motorola Communications and Electronics, Inc. in the amount of $5,245 each plus installation to be performed by Kay's Electronics, Inc. at an approximate cost of$210 per vehicle; and Resolution No. 96-133 authorizing purchase of forty (40) portable radios at $630.84 each and ten (10) mobile radios at $845.21 for use by the Police Department from Neches Communications for a total expenditure of$33,685.70. At the request of Councilman Davis, the City Manager explained that that the mobile data terminals to be purchased from Motorola Communications and Electronics, Inc. will be installed in privately owned ambulances to link all EMS units to the main communication system and said ownership of the MDT's will be retained by the City of Beaumont. The Consent Agenda was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- An ordinance authorizing a zone change from RS (Residential Single Family Dwelling) District 173 May 28, 1996 to LI (Light Industrial) District for a 3.28 acre lot at 6520 Frint Drive at the request of Mr. Ray L. Carter to store cardboard waste for recycling inside a metal building on his property, with recommendation for denial from the Planning Director and the Planning Commission was considered: ORDINANCE NO. 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 LI (LIGHT INDUSTRIAL) DISTRICT FOR A 3.28 ACRE LOT AT 6520 FRINT IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Goodson and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- Ordinance No. 96-26 authorizing a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial - Multiple Family Dwelling) District for a ten acre tract located west of the intersection of North Major Drive and Gladys at the request of Fitz and Shipman, Inc., consulting engineers for Nichols Development Company, for development of a commercial subdivision that will front on the west side of Major Drive was considered: ORDINANCE NO. 96-26 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) DISTRICT TO GE-MD (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING DISTRICT) FOR A TEN ACRE TRACT LOCATED WEST OF THE INTERSECTION OF NORTH MAJOR DRIVE AND GLADYS IN THE CITY OF BEAUMONT, JEFFERSON AND GLADYS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING 174 May 28, 1996 FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 96-26 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 96-27 authorizing a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to NC (Neighborhood Commercial) District for a 0.175 acre tract on Phelan Boulevard at the request Mr. Joe Malley was considered: ORDINANCE NO. 96-27 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR A 0.175 ACRE TRACT ON PHELAN BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 96-27 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 96-28 authorizing a Specific Use Permit at the request of Baker Tanks to allow storage of steel and polyethylene tanks, containers and pumps for lease by industrial and commercial users in a GC-MD (General Commercial - Multiple Family Dwelling ) District at 3450 West Cardinal Drive with a recommendation for approval, subject to no construction or cleaning of tanks on site; no storage of cleaning or other hazardous materials on site; and proper perimeter landscaping and screening in accordance with Section 30-31b. 1 and 2 on the north side of the property, was considered: 175 May 28, 1996 ORDINANCE NO. 96-28 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE STORAGE OF METAL TANKS FOR LEASE BY INDUSTRIAL AND COMMERCIAL USERS IN A GC-MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT AT 3450 WEST CARDINAL DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilman Patterson expressed concerns about storage of materials, traffic on Warren Street and an adequate buffer zone. After discussion, Ordinance No. 96-28 was amended to allow no construction or cleaning of tanks on site, no storage of cleaning, hazardous or other materials on site, no access to property from Warren Street, and to require installation and maintenance of a thirty (30)foot landscape buffer along the north property line and continued existence of the chain link fence located 75 feet south of the north property line and approved on a motion made by Councilman Patterson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 96-29 authorizing a Specific Use Permit to allow construction of a new church in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4210 Crow Road at Collier at the request of the First Reformed Presbyterian Church, subject to maintaining a 30 foot wide landscape buffer on the east side of the property or installation of an 8 foot screening fence and a 10 foot landscape buffer, was considered: ORDINANCE NO. 96-29 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NEW CHURCH IN AN AREA ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 4210 CROW ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 96-29 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None 176 May 28, 1996 Ordinance No. 96-30 authorizing a Specific Use Permit for construction of a new church on a 4.95 acre tract in the 2900 block of South Major Drive, an RM-H (Residential Multiple Family Dwelling-Highest Density) District at the request of St. John Lutheran Church, was considered: ORDINANCE NO. 96-30 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NEW CHURCH IN AN AREA ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED IN THE 2900 BLOCK OF SOUTH MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 96-30 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 96-31 authorizing a Specific Use Permit at the request of Doris Weir to allow swimming instructions in a private pool at 5030 Oriole in an RS (Residential Single Family Dwelling) District, subject to requirement that patrons park, load and unload only in the private drive on the applicant's property, was considered: ORDINANCE NO. 96-31 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW SWIMMING INSTRUCTION IN A PRIVATE SWIMMING POOL AT A RESIDENCE IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 5030 ORIOLE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 96-31 was approved on a motion made by Councilman Ames and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 96-32 authorizing abandonment of a 20' x 400' alley right-of-way located in Block 177 May 28, 1996 7, Calder Addition, between Forrest and Center Street at the request of Shirley Alter, President of the Board of Trustee of Temple Emanuel, with a recommendation for approval subject to retention of a 20' x 400' general utility easement, was considered: ORDINANCE NO. 96-32 ENTITLED AN ORDINANCE ABANDONING A 20' X 400' ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 7, CALDER ADDITION, BETWEEN FORREST AND CENTER STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 96-32 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-134 authorizing purchase of computer upgrade hardware for the AS/400 from IBM Corporation in the amount of$77,702.00 to provide networking capabilities to City divisions was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-135 authorizing application and acceptance by the Police Department of the Southeast Texas Auto Theft Task Force grant in the amount of $512,000 for all agencies (Beaumont's share, $255,813) and the Southeast Texas Auto Theft Prevention Project grant in the amount of$67,383.00 from the Texas Automobile Theft Prevention Authority was approved on a motion made by Councilman Davis and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 96-136 authorizing acquisition of Lots 310-314, Block 49, Beaumont Townsite, (720 Orleans) in an amount not to exceed $126,000.00 from owners, Randy Ney and the Boston Store of Texas, to potentially lease as office space to the Jefferson County Tax Appraisal District or for other City uses was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None 178 May 28, 1996 Councilman Goodson announced that the next ACORN Neighborhood Association meeting will be held Monday, June 3rd. Mayor Pro Tem Cokinos reported that he has received complaint calls about the deteriorating condition of the railroad tracks on Calder Avenue and the big dip at Martin Luther King Parkway and Calder and asked for Staff investigation. Councilman Ames thanked everyone for filling in for her during the training program for her new position and said she is glad to be back in Beaumont in full force. Councilman Davis thanked Kyle Hayes for his quick response to Mrs. Theresa White on Ives Street and the 1048 Miller Street request and thanked Jamie Johnson for her quick response on the Jack Brooks federal request. Councilman Davis raised concern about increased fees at the Henry Homberg Golf Course and requested additional information regarding the contract and fee increases. Councilman Patterson announced that the South Park Neighborhood Association meeting will be held Thursday at 6:30 p.m. at the South Park Baptist Church, on Monday, the Tyrrell Park Neighborhood Association will meet at 7:00 p.m. at the old Tyrrell Park Elementary School, and informed the citizens of Pear Orchard and South Park that the South Park Drainage Project has begun and asked for their patience and understanding during the construction period. Also, Councilman Patterson said the L. L. Melton YMCA Membership Drive is underway, encouraged more participation and volunteers, thanked Mayor Moore and Councilman Davis for their assistance in fund raising and said that the Dallas Cowboy Boosters will have an exhibition game with the Beaumont Fire and Police Department players at the Montagne Center on June 1 at 7:00 p.m. and said that half-time will feature the Houston Rockets' High Impact Squad and players will be Dion Sanders, Kevin Smith, Greg Briggs, Leon Lett, and Mickey Washington of the Jacksonville Jaguars. Mayor Moore congratulated the Viet Nam Veterans on the ribbon cutting ceremony held Sunday afternoon at 3:00 p.m. for their new building followed by a dinner and flag retirement ceremony. -000- Mayor Moore announced that an executive session will be held following the regular session of City Council in accordance with Section 551.074 of the Government Code to consider the appointment or employment of a public officer or employee: specifically the City Clerk and in accordance with Section 551.071 of the Government Code to discuss pending or contemplated litigation: claim of James Lamotte. 179 May 28, 1996 Mayor Moore complimented Mr. Charles Johnson for hosting an excellent end-of-school-year program for the children at Plymouth Village. -000- Mrs. Ruth Naumczik, 370 Giles, addressed Council in appreciation for the reality of the South Park Drainage Project. Mr. Ivory Pugh, 5750 Stanton, addressed Council to complain about not being allowed to receive a Police report regarding the arrest of his son and claimed Police abuse. Mayor Moore asked Mr. Pugh to visit with him during the recess period before the executive session. Mr. Evan Bowers, 2210 Ives, addressed Council to complain about automobile damage at Lampassas and Polk caused by an unmarked dip in the street and questioned City responsibility. Mr. Bobby Adams, 2485 Hayes Lane, addressed Council to complain about excessive speeding and loud music in his neighborhood by non-residents and lack of response by the Police Department to his request for police patrol in the area. Mayor Moore told Mr. Adams the problem would be investigated. Mr. Charles Johnson, 5080 Helbig, addressed Council in express appreciation to Mayor Moore, Mayor Pro Tem Cokinos, Councilman Davis and the City Manager, the Police Chief and numerous officers of the Police Department, several City employees, the EMS and Fire Department, management from local businesses and television stations for assistance and promotion of the Annual Awards Day and celebration of the end of school for the children at Plymouth Village. He particularly thanked Detective John Dean and Investigator Earl White for efforts in resolving a situation and Chief Scofield and Sgt. Lane for their healing efforts at Plymouth Village. Councilman Davis thanked Mr. Johnson for his positive attitude and leadership. Mr. John Adams, 568 Garland, addressed Council to request intervention to the proposed increase in golf fees at the Henry Homberg Golf Course. Mr. Adams said that as a member of the Parks and Recreation Advisory Committee, he was unaware of the proposed increases until he received notice by mail. Mayor Moore suggested a 30-day moratorium on the rate increase action to allow time for more information. Mr. Riley explained the idea of unlimited play for senior citizens, compared these rates to private rates, said the proposed increase from $175 to $200 for senior citizens is half the regular membership price, said rates at Tyrrell Park are less than at other courses and that this is the first increase in three years and discussed their financial reports. Mayor Moore said he is interested in receiving information regarding maintenance fee upkeep and basis financial status and questioned the advisability of the Parks and Recreation Advisory Committee reviewing 180 May 28, 1996 proposed rate increases and Councilman Davis stated that since Council is ultimately responsible, full information is needed to answer citizen inquiries. The Mayor rescinded his request for a moratorium since some memberships have already been sold and restated that he would like the Parks and Recreation Advisory Committee to be part of the process in the future. Mr. Tony Jones, 3715 East Lucas, told Council that he has been elected President of the Resident's Council where he resides and said there are needs to be addressed. He requested a crossing light at the admissions' office to cross Lucas to get to HEB Pantry Grocery Store, a sidewalk from Helbig to the HEB Store, and stated a problem with trains excessively blowing whistles for a period of a minute and a half during nighttime hours and disturbing the rest of senior citizens. Mr. Jones suggested that at the beginning of the citizen comment portion of City Council, video cameras for the government television channel cease operation for a period of three months and then Council reconsider future filming. Mr. Tony Sacker, 4635 Elmherst, addressed Council to comment about the cost of green fees and the fact that a senior citizen discount is not in effect on the weekends at the Bayou Din Golf Course. Mr. Sacker commented about the past condition of the fairways at Tyrrell Park. Also, Mr. Sacker reviewed an occasion six years ago when he suffered a heart attack and how Mr. Foote (one of the EMS employees receiving a Certificate of Appreciation earlier) attended him during the ambulance ride to the hospital. He said it is only because of Mr. Foote's care, knowledge and diligence that he is alive today and added his commendation to the dedication of EMS technicians. Mr. Bryant Johnson, 4085 Inez, addressed Council to add his comments that the Tyrrell Park property was donated by the Tyrrell family for the amusement and pleasure of the citizens of Beaumont, that the golf course was built by the CCC, and is being compared to other costly courses. He said that in other cities, local citizens play golf at half the rate of non-residents, spoke of senior citizen fees increasing from $55 to over$300 per year and asked that Council look at the contract and figures. Mr. Buddy Hebert, 295 North Parkway Drive, addressed Council to complain about not being apprised of proposed golf course fee increases while serving as a member of the Parks and Recreation Advisory Committee, said the Parks Director was not aware of the increases and questioned the bidding process for golf course management, the need for Council awareness of proposed increases and not just managerial involvement. -000- Mayor Moore told citizens that answers to concerns expressed will be addressed and that citizen inquiry forms are available to those desiring to submit a concern without speaking publicly. -000- 181 May 28, 1996 There being no further business, the meeting was recessed to reconvene in executive session. I, Barbara Liming, Deputy City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held May 28, 1996. Barbara Liming Deputy City Clerk 182 May 28, 1996