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Home My WebLink AboutMIN OCT 07 1986 REGULAR SESSION CITY COUNCIL - CITY OF,BEAUMONT HELD OCTOBER 7, 1986 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 7th day of October, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Nell Pruitt Weisbach Councilman, Ward I Albert E. Haines City Manager Tyrone Cooper Asst. City Attorney -000- The Invocation was given by the Reverend William Lawser, pastor of St. Andrews Presbyterian Church. The Pledge of Allegiance was led by Councilman Samuel. -000- Several proclamations were issued: "Clean Air and Car Care Month in Beaumont" - October, 1986; "Minority Enterprises Development Week in Beaumont" - October 6-10, 1986; "Domestic Violence Awareness Week" - October 6-12, 1986; "National Employ the Handicapped Week in Beaumont" - October 5-11, 1986; "Just Say No, Beaumont Day" - October 11, 1986 and "Yoichi Danjo Day in Beaumont" - October 7, 1986 - Mr. Danjo, a resident of Beaumont's Sister City, Beppu, Japan, was made an Honorary Citizen of Beaumont, presented with a Key to the City and an official City pen. A pair of western boots were presented to Mr. Danjo by Mr. Jack Farley. -000- Presentation of employee service awards and recognition awards was made: Those receiving service awards and pins for 5 years of service were: Deborah Johnson, Municipal Court; Andrea S. Deaton, Accounting; Albert Laday and Walter J. Mayes, Drainage; Michael W. Shilo, Frank Traylor and Kirk J. Reidelberger, Streets Division; Patrick C. Roberts, Nathaniel C. Barns and Davis Fontenot, Parks Division; William H. Smith, Building Maintenance; Reginald L. Londo, Sanitation; and Kristin Holsapple, Information Systems. Those with 10 years of service were: Thomas L. Lowrance, Internal Auditing; Melvin D. DeVaugh, Police Administration; Paul E. Perritt, Patrol Division; Drew A. Thomas, Animal Control; Gertrude J. "Trudy" Bergdorf, Health Department; Rosa M. Thomas, Personnel and Roy T. Collier, Water Utilities. -214- October 7, 1986 Those recognized with 15 years of service were: Freddie Bob, Patrol Division; Sidney L. Segura, Streets Division; Samuel Torres, Parks Division; Albert J. Stewart, Sr. , Building Maintenance and James M. Kendrick, Jr. , Water Reclamation. Those with 20 years of service were Robert E. Worsham, Investigative Division and Vilma G. Shook, Building Maintenance. Employees with 25 years of service were Willa Smith, Library; Margie Kelly, Information Systems; and Jack Wright, Building Maintenance. Dudley J. Touchet, Sr. , Building Maintenance, received a certificate and pin for 30 years of service. Jesse Madaffri, Water Commercial and Enos Charles, Landfill received recognition for 35 years of service. Employees of the Quarter were recognized: Sheryl Kling, Secretary, Planning Department for Clerical/Support Occupations; Sue Wright, Engineering Technician II, Traffic Division, Transportation Department for Technicians/Para Professionals; Rosanne Postelnek, Librarian I, Miller Library for Executive/Professional; James Kendrick, Senior Maintenance Foreman, Water Reclamation for Craft Occupations and Jerry May, Fire Engineer, Suppression, Fire Department for Protective Services. The session was recessed for a reception honoring the above-named employees. The session was reconvened. -000- Mayor Meyers called an Executive Session, pursuant to Section He of the Texas Open Meetings Act, to be held immediately following the City Council Workshop Session, to consider pending litigation regarding the ESM securities case. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 30, 1986; Resolution 86-315 appointing Lin Owen and Olivia Gonzales to the Community Development Block Grant Citizens Advisory Committee for terms ending May 31, 1988; Resolution 86-316 approving a one-year contract for independent professional services with Dr. Gayl Gustafson, contract physician at the Beaumont Community Health Clinic, to provide medical treatment to the medically underserved; and -215- October 7, 1986 Resolution 86-317 awarding a formal bid for two (2) 6 x 6 dump trucks from Volvo White Truck Corporationn at $70,478.60 each or a total of $140,957.20 for use by the Sanitation Department. Resolution 86-315 of the Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None Mr. Max Patterson, newly appointed Director of Resource Management, was introduced. Resolutions 86-316 and 86-317 of the Consent Agenda were approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Public comment was called for Agenda Items B, D and E. Dr. Robert Lee, 1765 Prairie and Ms. Linda Willis, 1097 Buford, addressed Council to urge passage of Item B, the ordinance concerning investments in the Republic of South Africa and Namibia. -000- Ordinance No. 86-101 concerning investments in certain South African countries - South Africa and Namibia - was considered: ORDINANCE NO. 86-101 AN ORDINANCE PROHIBITING OR RESTRICTING CERTAIN TYPES OF BUSINESS TRANSACTIONS BETWEEN THE CITY AND INDIVIDUALS OR BUSINESS ENTITIES WHICH HAVE PARTICULAR BUSINESS OR FINANCIAL RELATIONSHIPS WITH SOUTH AFRICA OR NAMIBIA OR WITH FIRMS DOING BUSINESS IN THOSE NATIONS; MAKING OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The draft ordinance was read and, of ter lengthy discussion was revised during the session. Mayor Meyers said, "I wholeheartedly support and commend Councilman Samuel for the proposal he has brought before us. A lot of examples can be sited in past history where the world stood and watched and permitted atrocities and things to take place for which many of us are yet trying to understand how they could have and we would reference the fact that it will never happen again and, while we say that, we see things happening again. I say that so that I publicly support what you are suggesting. At the same time, I will not vote on the action today. I am! too concerned about not the issue and not what we have before us but the importance of the document and wanting it right and I don't believe we can achieve that today." -216- October 7, 1986 Councilman Brumley agreed with Mayor Meyers in supporting the effort and expressed his concern for having the final document before voting on the issue. Councilman Moore made a motion to approve the ordinance with its amendments/revisions; motion was seconded by Councilman Samuel. Question: Ayes: Councilman Lee Abstained: Mayor Meyers Councilman Cokinos Councilman Councilman Samuel Brumley Councilman Moore -000- Ordinance No. 86-102 granting a Specific Use Permit for a carry-out seafood or oriental food restaurant at 1335 Franklin and described as Lots 133, 134 and 135, Block 12, Crary Addition, requested by Mr. Khanh Tran Van for K-Seafood, was considered: ORDINANCE NO. 86-102 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CARRY OUT RESTAURANT ON PROPERTY LOCATED AT 1335 FRANKLIN, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinances granting a zoning change from RS to RM-H and a Specific Use Permit for a 48-bed social service residential facility for property located at 2865 South 8th Street and described as Tracts 2 - 7, Block 17, Cartwright and Roberts "A", (requested by Mrs. Gayle Turner for MHMR) were considered: AN ORDINANCE 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 FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY DISTRICT) ON PROPERTY LOCATED AT 2865 SOUTH 8TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A 48-BED SOCIAL SERVICE RESIDENTIAL FACILITY ON PROPERTY LOCATED AT 2865 SOUTH 8TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. -217- October 7, 1986 The ordinances were deferred for two (2) weeks for additional communication between the Mental Health Mental Retardation Association and the neighborhood involved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 86-103 granting an abandonment of a portion of Calder and Forrest at 1096 Calder (requested by Victor K. Long to correct encroachment and clear title to the property) was considered: ORDINANCE NO. 86-105 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF CALDER AND FORREST STREETS AT 1096 CALDER. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- (Councilman Samuel left the session during discussion of these items. ) Ordinances granting a zoning change from RM-H to GC-MD and a Specific Use Permit for storage of construction equipment at 3518 Westmoreland and described as Lots 24 and 25, Block 4, West Oakland Addition (requested by K- Way Equipment Company) were considered: AN ORDINANCE 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 FROM RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY DISTRICT) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE DWELLING DISTRICT) ON PROPERTY LOCATED AT 3518 WESTMORELAND,, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR STORAGE OF CONSTRUCTION EQUIPMENT ON PROPERTY LOCATED AT 3518 WESTMORELAND, BEAUMONT, TEXAS. -218- October 7, 1986 The ordinances were denied on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Ordinance No. 86-104 amending Chapter 13 of the Code of Ordinances to increase the minimum charge to $185.00 for cutting weedy lots was considered: ORDINANCE NO. 86-108 ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-53 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE THE MINIMUM CHARGE FOR CUTTING WEEDY LOTS; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 86-318 authorizing the City Manager to execute Change Order No. 1 to the contract with Excavators and Constructors, Inc. , for the Highland Avenue T.I.P. Project at an amount of $34,200.95 as a result of unknown underground obstructions and interferences (total contract to $1,007,902.45) was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- (Councilman Samuel returned to the session at this time. Councilman Cokinos left the session during the discussion by the Beaumont Housing Finance Corporation. ) The regular City Council session was recessed before convening a session of the Beaumont Housing Finance Corporation to consider a resolution authorizing the Trustee, Texas Commerce Bank, to provide the name of each private mortgage insurer that insures mortgages securing the bonds for the Single Family Mortgage Revenue Bonds, Series 1980 and the outstanding principal amount of the mortgage insured by each insurer to the Fiser Financial and Investment Services. The resolution was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. There being no further business, the Beaumont Housing Finance Corporation session was adjourned. Question: Ayes: All Nayes: None -000- The regular City Council session was reconvened. -219- October 7, 1986 Councilman Lee mentioned "Sunday in the Park" festivities to be hosted by the PTAs Sunday, October 12, 1986, from 2:00 to 4:00 p.m. , in Riverfront Park. -000- Mr. Henry Dannenbaum, 695 Avenue C, addressed Council in support of half-way houses. Mrs. Susan Olsen, representing Mental Health Mental Retardation, asked for clarification of action taken today on the ordinances granting a zone change and a specific use permit for MHMR. Messrs. Neil Smith, 4630 Ford; Richard Hatch, 4595 Arthur; Jerry Ware, 8210 San Bruno; Al Rio, Ridgeland at Arthur, and Mike Ray, 4615 Reagan, addressed Council to express their concern that "group" rehabilitation homes are being located in single family residential areas within the City by the State without having to comply with the City's zoning ordinance and with no requirement to notify the City of proposed locations for these facilities. Mr. Archie Lane, 435 Langham, director of Land Manor, addressed Council in support of half-way houses. Ms. Doris Barnett, 8730 Bienville, addressed Council to request a Specific Use Permit to place a mobile home, as a fixed structure, on property she owns at 10790 Fairfield. Mrs. Barnett was referred to the proper process through the Planning Department and Planning Commission. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, Secretary, City Clerk's Office, certify that the above is a true copy of the Minutes of the regular City Council session held October 7, 1986. Rosemarie Chiappetta Secretary -220- October 7, 1986