HomeMy WebLinkAboutMIN SEPTEMBER 10 1996 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD SEPTEMBER 10, 1996 - 1 :30 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session
this the 10th day of September, 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
Absent: Bobbie Patterson Councilman, Ward IV
Ray A. Riley City Manager
Lane Nichols City Attorney
Patrice Fogarty City Clerk
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The Invocation was given by City Attorney Lane Nichols.
The Pledge of Allegiance was led by Mr. George Hudspeth.
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Mayor Moore announced an executive session to be held following the regular session of City
Council in accordance with Section 551.071 of the Government Code to discuss contemplated or
pending litigation: Claim of Jimmy Beverly and Claim of Darwin Williams.
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Citizens were invited to comment on the Consent Agenda and Regular Agenda Items 4-6. No one
wished to address these topics.
273 September 10, 1996
The following Consent Agenda items were considered:
Approval of the Minutes of the City Council meeting held September 3, 1996;
Resolution No. 96-205 appointing Ann Thacker to the Drug Free Beaumont Commission and
Dohn LaBiche to the Planning Commission for terms expiring September 9, 1999; Laurie Leister
as Chairman of the Planning Commission for a term expiring September 9, 1997; the Reverend
Ronald Bishop to the Beaumont Advisory Commission for Prevention of Child Abuse and
Neglect, Polly Hathaway to the Keep Beaumont Beautiful Commission and Melissa Doucet
to the Senior Citizen Advisory Committee for terms expiring September 9, 1998; and
reappointing (correcting expiration dates on R-96-182, R-96-15 and R-96-82 from two-year to
three-year terms) Laurie Leister for a term expiring July 26, 1999, Marva Provo for a term expiring
June 29, 1998 and Cleveland Nisby for a term expiring September 7, 1998 to the Planning
Commission;
Resolution No. 96-206 designating Ray A. Riley, Beverly Hodges, Kandy Daniel, Michael
Hamilton, Sydney Post, Judy Ventrca, Mary Morris and Diana Rollinson as signatories for the
Willis Rollinson Workers Comp Account #05007019284 at Texas Commerce Bank effective
September 10, 1996; and
Resolution No. 96-207 authorizing execution of a contract with the Houston-Galveston Area
Council (H-GAC) Cooperative Purchasing Program in the amount of$45,382.00 for purchase of
a 40-Channel Guardian Communications Recording System as replacement for an existing reel
to reel tape recorder at the Police Department.
The Consent Agenda was approved on a motion made by Councilman Smith and seconded by
Councilman Ames.
Question: Ayes: All Nayes: None
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Ordinance No. 96-49 authorizing a Specific Use Permit at the request of Chris Sekaly, President
of Post Consumer Recyclables, Inc., to allow reclamation, processing and storage of recyclable
goods in a GC-MD (General Commercial-Multiple Family Dwelling) District at 860 and 950
Magnolia Avenue with recommendation for approval by the Planning Commission subject to: 1.)
the applicant installing plastic, aluminum or wood slats in the existing 6' tall chainlink fence
surrounding the block bound by Harrison, Grand, Magnolia and Long; 2.) The applicant installing
an 8' tall screening fence (either a wood privacy fence or chain link with plastic, aluminum or wood
slat inserts) surrounding that portion of the property bound by Magnolia, Harrison, Grand and the
20' alley; and 3.) No outdoor storage of recyclable materials including cardboard, was considered:
274 September 10, 1996
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT
TO ALLOW THE RECLAMATION, PROCESSING AND STORAGE OF
RECYCLABLE GOODS IN A GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT AT 860 AND 950
MAGNOLIA AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
Mayor Pro Tem Cokinos questioned conflict of interest because of his and his brothers' ownership
of adjacent property on Hazel Street and was advised by the City Attorney that if he will not be
directly affected financially, he may participate on this item.
Councilman Davis stated that he has met with the applicant, Mr. Sekaly, and members of the Price
family who object to the Specific Use Permit and said he understands both view points.
Councilman Davis said he is concerned with the affect of cleanliness in the area and the large truck
truck traffic, questioned the suitability of this type of business in this location and if resident
opposition is enough to invoke the 20% rule. In response, the City Manager said the flow of truck
traffic traveling to the plant site and storage location would not be under any special regulation,
and the Planning Department Director told Mr. Davis that the business would be an appropriate
use for the location with the conditions in place and that 12% negative responses by residents was
not enough to put the 20% rule in place. After a lengthy discussion concerning restrictions,
economic development and cleanliness of the neighborhood, Councilman Davis proposed Council
consider a compromise for the benefit of the applicant and economic development and allay some
of the environment concerns of residents by removing 860 Magnolia as a storage facility and
granting a Specific Use Permit for 950 Magnolia only. At the request of Council, Mr. Chris Sekally
and Mr. Howell, seller of the property, confirmed their business transaction could proceed with this
modification.
Ordinance No. 96-49, _modified to grant a Specific Use Permit to allow the reclamation,
processing and storage of recyclable goods in a GC-MD (General Commercial-Multiple Family
Dwelling) District at 950 Magnolia Avenue, subject to: 1.) The applicant installing plastic,
aluminum or wood slats in the existing 6' tall chainlink fence surrounding the block bound by
Harrison, Grand, Magnolia and Long and 2.) No outdoor storage of recyclable materials including
cardboard, was considered:
ORDINANCE NO. 96-49
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT
TO ALLOW THE RECLAMATION, PROCESSING AND STORAGAE
OF RECYCLABLE GOODS IN A GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT AT 950 MAGNOLIA
AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
275 September 10, 1996
Ordinance No. 96-49 was approved as amended on a motion made by Councilman Davis and
seconded by Councilman Ames.
Question: Ayes: Mayor Moore Nayes: Councilman Smith
Councilman Ames Councilman Goodson
Councilman Davis
Abstained: Mayor Pro Tern Cokinos
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An Ordinance authorizing a Specific Use Permit to allow operation of a day care center at 2350
Cartwright in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at the
request of Lisa Monette with a recommendation for denial by the Planning Commission and the
Planning Director because the applicant failed to comply with five of the eight conditions necessary
for approval, was considered:
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT
TO ALLOW A DAY CARE CENTER FOR CHILDREN AT 2350
CARTWRIGHT IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY-
HIGHEST DENSITY DWELLING) DISTRICT, IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
The Ordinance was denied on a motion made by Councilman Mayor Pro Tem Cokinos and
seconded by Councilman Ames.
Question: Ayes: All Nayes: None
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Ordinance No. 96-50 authorizing a Specific Use Permit to allow a church in an RM-H.
(Residential Multiple Family Dwelling-Highest Density) District at 2260 Rockwell at the request of
Mrs. V. E. Fobbs, pastor, with a recommendation from the Planning Director for denial because the
proposed use would not be compatible with the immediate neighborhood and fails to comply with
five of the eight conditions necessary, and recommendation for approval from the Planning
Commission subject to modification of the landscaping and buffering requirements and to church
services ending at 8:00 p.m. on any night they are conducted, was considered:
276 September 10, 1996
ORDINANCE NO. 96-50
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A CHURCH IN AN AREA
ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY
DWELLING-HIGHEST DENSITY) DISTRICT FOR
PROPERTY LOCATED AT 2250 ROCKWELL IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
Council discussion included suitablity, limiting use of the building as a church for this permit and
neighborhood concerns about noise. Planning Department Director Steve Richards said granting
this Specific Use Permit would only be for operation of a church and any other use would require
application for another permit and Council approval because this is an RM-H District, and the
conditions set by the Planning Commission addresses neighborhood concerns.
Ordinance No. 96-50 was approved on a motion made by Councilman Ames and seconded by
Councilman Goodson.
Question: Ayes: All Nayes: None
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Resolution No. 96-208 authorizing a contract with Excavators & Constructors, Inc. in the
amount of$500,986.18 for the proposed water main to service the Southeast Beaumont Area and
the Annexed Area, Phase II to improve the water supply and distribution to the expanding prison
complex area with MBE participation estimated at 46% was approved on a motion on a motion
made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson.
Question: Ayes: All Nayes: None
Councilman Davis expressed commendation for especially good MBE participation in this project.
Mayor Moore requested information about the expected construction procedures and the effect on
neighborhoods. He voiced concern that citizens are often inconvenienced with dificulty getting to
and from their homes during construction phases and experiencing utilities out of service for
extended periods of time after a contract is awarded and Council having no recourse or avenue
of assistance to the citizenry. The City Attorney explained that to avoid some of these problems,
explicit construction expectations should be outlined in bidding specifications at the beginning of
a project. Mayor Moore encouraged including details in bid specifications, closer observance of
contractor habits during construction and providing Council with progress reports so they may be
able to answer questions asked by residents.
277 September 10, 1996
Resolution No. 96-209 authorizing Change Order No. 3 in the amount of$127,822.44 to reflect
actual quantities used to the contract with Excavators &Constructors, Inc. for construction of the
Liberty/Laurel Phase II Project and final payment in the amount of$267,588.48 was approved
on a motion made by Councilman Smith and seconded by Councilman Goodson.
Question: Ayes: All Nayes: None
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Resolution No. 96-210 authorizing a contract with Marco Environmental West, Inc. In the amount
of $76,016.00 for removal and disposal of asbestos materials from the vacant White House
building located at 720 Orleans was approved on a motion made by Councilman Goodson and
seconded by Councilman Smith.
Question: Ayes: All Nayes: None
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Councilman Davis requested that Department Heads be in Council attendance if they have agenda
items to be presented for consideration to answer any questions Council might have and asked that
we prayerfully remember the Lewis family, said he has visited with the family and they are going
through a rough time experiencing the grief in the loss of Lawrence Lewis.
Mayor Moore thanked Councilman Davis for the time he has spent with Lewis family and said he
also spoke with them last week. Mayor Moore congratulated members of the South Park
Neighborhood Association in the dedication of their second beautification project.
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Mr. Charles Johnson, 5080 Helbig Road, addressed Council to report that the flashing light
between Helbig Road and McHale intended to slow traffic for the safety of school children is not
functioning, said there is excessive speeding and requested a Police Officer patrol the area, said
all his efforts are going to be toward institution of a Police Civilian Review Board and questioned
if Councilman Davis' is a member of the Plymouth Village Board of Directors. Councilman Davis
answered that he would like to serve on the board, but has not received an offical appointment.
Mr. Ivory Pugh, 5750 Stanford, spoke of the recent death of the young man (Lawrence Lewis)whom
he said "went down with the Police Officers" and recited his version of the Scripture referencing
wicked people sitting on high, continued to speak of wrong doing, claimed no one was doing
anything about the matter as with his child, addressed comments made by the mayor in a television
interview and asked if he was paid to speak. Mayor Moore informed Mr. Pugh that no one paid
him, nor could they pay him to speak his feelings. He told Mr. Pugh there is an investigation in
progress concerning Lawrence Lewis and because of Mr. Pugh's pending lawsuit, he cannot
discuss the matter of Mr. Pugh's son. Mr. Pugh responded with comments about a warrant and
278 September 10, 1996
challenged an explanation from Mayor Moore, who again reminded Mr. Pugh of the pending
litigation.
Mr. Allen Lee, 5095 Maddox, said he's heard a lot about taking a village to raise a child and that
it also takes a village to protect a child. He charged that neither Councilman Davis or Mayor Moore
went to the funeral (Lawrence Lewis) or sent flowers, but claimed that he did. Mr. Lee announced
that the Police Department will be picketed on Tuesday, September 17, from 9:00 a.m. to 12:00
p.m. and said Chief Scofield has to go, spoke of going to the head to kill a snake, claimed Chief
Scofield dumped 300 pounds of cocaine in the community, said anyone receiving a salary from the
City of Beaumont is subject to drug screening, continued to make derogatory remarks about the
Black community being scared, being pushed out of jobs and the Police Department killing young
people in the streets and a Civilian Review Board. Mr. Lee proceeded with comments about filing
against the City in federal court, called Judge Cobb, the Police Department and District Attorney
Maness racist, again announced picketing at the Police Station and then attending City Council
meeting to express views, said only 10% of citizens voted in the last election, commented that a
bridge is named after Maury Meyers, and the only thing that should be named after him is the local
sewage treatment plant, made derogatory remarks about Mr. Meyer's being a master and
complained that the new library will not be named after Elmo Willard.
After Mr. Lee's time to comment expired, he continued to express opinions about Police personnel,
the planned picket and was asked to please cease his comments; he left the podium, but
continued to speak from the back of the auditorium and charged that Mayor Moore uses cocaine.
Mayor Moore rebuffed Mr. Lee's remarks.
Councilman Davis interjected that something has to be done about conduct in Council and
suggested a workshop session on how to deal with this level of behavior as soon as possible.
Mr. Tony Jones, 3715 East Lucas, told Mayor Moore that more than 70% of Beaumont voters,
representing a cross section of residents, elected him, said he would like to see a permanent
structure at the downtown bus transfer point with proper Henry Dannenbaum signage, spoke of
improper access for wheel chairs, suggested curb cuts or removal of the median, said more
concrete pads are needed on the Liberty side, and reported that the ditch at 508 Garland is still
filled with stagnant water that is breeding insects and asked that the citizen comment portion of
Council meetings not be removed.
Mr. Lynn DeMary, 430 East Elgie, on behalf of the South Park Neighborhood Association, thanked
Mayor Moore for his kind remarks at the beautification dedication about Ruth Naumczik, thanked
the At-Large Councilmembers for their attendance and distributed copies of the Citizens On Patrol
Summary Reports for the month of August.
From the audience, Mr. Charles Johnson solicited attendance at the football games on Saturday
at Babe Zaharias Park.
279 September 10, 1996
Mayor Moore said he did not know that former Mayor Meyers was in the audience until the
cameraman moved aside and explained that Council tries to temper their tongues and speak as
well as possible in communicating feelings. He said that it is very difficult when people publicly
stand and blatantly lie, and that he has reached a point of considering personal suits because
defamation of character should not have to be tolerated. Mayor Moore said he know drugs kill and
can tear up a good mind, but does not know that personally because he is not a drug user and
never has been and challenged Mr. Lee to bring forward anybody that could prove that claim.
Mayor Moore acknowledged that there is a family in pain, a family that is hurting (Lewis family) and
said he sympathises with them, said that he was not in Beaumont at the time of the funeral, but did
telephone the family. Mayor Moore reiterated to the City Attorney that he is very serious in
consideration of filing a lawsuit, asked for legal counsel regarding his position and whether he
should consult a private attorney. Mayor Moore expressed apologies to Mr. Meyers and reflected
about his comment regarding sadness at the loss of a young man's life, but said it is good an
investigation is taking place and that he hopes the investigation goes to the degree of discovery
of where the substance (drugs) was brought into the picture and who was responsible for giving
it to the young man and how did they leave him. He said like that young man others will be
victimized, and as a community we need to look at what we can do to prevent these kinds of
happenings. Mayor Moore said that if one knows of something wrong, remember that silence kills;
it is time for everybody to speak up, but speak up correctly and truthfully and let our mission be to
eliminate drug traffic in our community and enticement of young people.
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There being no further business, the meeting was recessed to conduct an executive session.
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1, Patrice Fogarty, City Clerk for the City of Beaumont, Texas, certify that the above is a true copy
of the Minutes of the regular City Council session held September 10, 1996.
Patrice Fogarty
City Clerk
280 September 10, 1996