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HomeMy WebLinkAboutMIN APR 04 1995 REGULAR SESSION CITY COUNCIL- CITY OF BEAUMONT HELD APRIL 4, 1995 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 4th day of April, 1995, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman,Ward HI Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman,Ward I Guy N. Goodson Councilman,Ward H Calvin Williams Councilman,Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Father Roy Bomberger, Our Mother of Mercy Catholic Church. The Pledge of Allegiance was led by Mayor Moore along with five students from Fehl Elementary School and five children from the Southerland Day Care Center. -000- Four Proclamations were issued: "Public Health Week," April 4-9, 1995; "Supportive Employment for Individuals with Mental Retardation Week," April 4-9, 1995; "WalkAmerica Day" (March of Dimes), April 8, 1995; and in celebration of the"Texas Association for Symphony Orchestras Conference," April 5-8, 1995. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 7 through 12. Ms. Ann Hanson, 1608 Orange Street, a member of the People's Assistance Coalition formed to assist the 79 April 4, 1995 homeless population(Planner Brian Smith appointed to assist with details of the HUD application); Ms. Paula ONeal, 840 Jasmine,Director of Some Other Place; Ms. Valinda Bolton, 2129 Briarcliff, Director of the Women's and Children's Center; Ms. Sherridan Tutt, 920 Terrace, Director of the Triangle-Aids Network;Ms. Jeannie Morris, 133 Rosine,representing the Golden Triangle Alliance for the Mentally Ill; and Lieutenant Villafuerte, 210 Hampton Lane, Commanding Officer of the Salvation Army; spoke in support of Agenda Item 12 authorizing applications to the U. S. Department of Housing and Urban Development for the Supportive Housing and Shelter Plus Care grant programs. Dr. Tom Nelson, 645 Kennedy, Chairman of the Keep Beaumont Beautiful Commission, spoke in support of Agenda Item No. 9 authorizing a six-month contract with BFI for bi-weekly curbside recycling collection and operation of manned drop-off sites and thanked Council and Staff for their efforts in developing and broadening the recycling program. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 21, 1995; Resolution No. 95-97 appointing Harriet Harvey and Bill Lucas to the Sister City Commission for terms expiring April 3, 1997; Ava Sprot to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for a term expiring July 26, 1995; Bill Lucas to the Planning and Zoning Commission for a term expiring April 3, 1998; and Marva Provo as Vice-Chairman of the Planning and Zoning Commission for a term expiring April 3, 1996; Resolution No. 95-98 authorizing Tax Assessor Collector Nick Lampson, on behalf of the City of Beaumont, to sell property described as the East 90' Lot 5, 6, Block 15, Blanchette 2 Addition (northwest corner of Avenue A and Craig Street) to the Beaumont Independent School District for $100.00 and the City waives and authorizes release of weed liens placed on the property in the amount of$2,299.59; Resolution No.95-99 authorizing bills of sale to Donald Boucher for removal of structures at 410 29th Street in the amount of$3,000.00, 430 29th Street in the amount of$2,500.00 and 450 29th Street in the amount of$2,000.00; and to Brystar Contracting for removal of structures at 4295 West Broadway, 470 29th Street and 479 29th Street in the amount of$600.00 each for a total of$1,800.00; to clear rights-of-way for construction of the West Lucas Street Project; and Resolution No. 95-100 authorizing payment in the amount of$1,680.00 to A& F Transportation for relocation assistance on behalf of Mrs. Emily Clara Pankey, displaced due to improvements to West Lucas Drive from Phelan Boulevard to Folsom Street. 79 April 4, 1995 The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 95-17 authorizing a Specific Use Permit to Sheri Gilbreth to operate a retail bakery (wedding cake shop) in an existing building attached to the side of her garage at 2360 North was considered: ORDINANCE NO. 95-17 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL BAKERY IN AN ACCESSORY STRUCTURE AT THE REAR OF A RESIDENTIAL LOT BEHIND A HOUSE IN AN AREA ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2360 NORTH, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-17 was approved on a motion made by Councilman Goodson and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-18 authorizing a Specific Use Permit to open a church at 2340 Grand Avenue, described as all of Lot 3 and the south 9 feet of Lot 4, Block 21, North Addition, containing 0.189 acres, in an area zoned RCR(Residential Conservation and Revitalization)District at the request of Mr. Hanson Baptiste was considered: ORDINANCE NO. 95-18 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NEW CHURCH ON LAND ZONED RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED ON 2340 GRAND AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-18 was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None 80 April 4, 1995 Ordinance No. 95-19 authorizing a Specific Use Permit to operate an insurance office in an RCR (Residential Conservation and Revitalization)District at 2505 Laurel Avenue, described as all of Lot 7, Block 4, Oaks Addition, containing 0.16 acres, at the request of Mr. Hubert McCray was considered: ORDINANCE NO. 95-19 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN INSURANCE OFFICE ON LAND ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2505 LAUREL AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-19 was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-20 rezoning property at 495 29th Street described at Lot 36, Block 1, Broadway Place Addition, from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) at the request of Mr. David Maniscalco was considered: ORDINANCE NO. 95-20 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 495 29TH STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-20 was approved on a motion made by Councilman Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None 81 April 4, 1995 Ordinance No. 95-21 rezoning a 7.44 acre tract abutting the southwest corner of Old Dowlen and Dowlen Roads from Residential Multiple Family Dwelling-Highest Density District (RM-H) to General Commercial-Multiple Family Dwelling District(GC-MD) at the request of Mr. Elias Sarkis to facilitate a retail development was considered: ORDINANCE NO. 95-21 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR THE SOUTHWEST CORNER OF DOWLEN AND OLD DOWLEN ROADS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-21 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 95-22 repealing Ordinance No. 86-51 designating the structure at 1835 Pennsylvania Avenue, Tax Tract 19, Plat "Q," D. Brown Survey, Abstract 5, with an HC-L (Historic-Cultural Landmark Preservation Designation) Overlay at the request of the owner, Ms. Rose Marie Owens, was considered: ORDINANCE NO. 95-22 ENTITLED AN ORDINANCE REPEALING ORDINANCE NO. 86-51 TO REMOVE THE HC-L (HISTORIC-CULTURAL LANDMARK PRESERVATION DESIGNATION) FROM RESIDENTIAL PROPERTY AT 1835 PENNSYLVANIA AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR REPEAL AND PROVIDING FOR SEVERABILITY. 82 April 4, 1995 Ordinance No. 95-22 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-23 amending Chapter 6 of the Code of Ordinances to rename the Sign Erector classification to Journeyman Sign Erector and require that all applicants for the Journeyman Sign Erector's registration successfully complete a competency exam administered by the Chief Building Official or his designee was considered: ORDINANCE NO. 95-23 ENTITLED AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO CHANGE THE NAME OF THE TESTING BOARD AND ESTABLISH AN ELECTRICAL REGISTRATION CLASSIFICATION OF JOURNEYMAN SIGN ERECTOR; PROVIDE FOR TESTING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-23 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-101 authorizing the notice of sale and the preliminary official statement and authorizing the distribution of such documents in order to sell $6,000,000 in Certificates of Obligation to provide street improvement funds primarily for the Liberty-Laurel Project with acceptance of competitive bids on April 18, was considered. Councilman Cokinos explained that he is not in opposition to the project, but said $6 million is too much to invest at one time,raised questions concerning a tax increase and the effect that this issuance will have on debt service and requested more information be provided in a future workshop. Councilman Williams said he is not opposed to this project at all,but said it is disconcerting to see projects not finished, said he would like a report that would specify the bond issue, streets included in the issue, projects completed, and status of those not completed with reasons for the incompletion in order to answer questions raised by citizens. 83 April 4, 1995 Mayor Pro Tem Davis emphasized his concern that the MBE policy be implemented in future bond counsel selection and that the participation be more diverse. After further discussion and explanation, Mayor Moore said that the questions raised and information requested could be provided prior to receipt of bids for the sale of the bonds scheduled for April 18th and called for a motion for action today. Resolution No. 95-101 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: Mayor Moore Nayes: Councilman Mayor Pro Tem Davis Cokinos Councilman Ames Councilman Smith Councilman Goodson Councilman Williams -000- Resolution No. 95-102 authorizing a six-month contract with Browning Ferris Industries for bi- weekly curbside recycling collection of all single-family residences in the amount of$25,500.00 per month and operation of six(6)manned drop-off centers on Saturdays at $405.00 per week to provide recycling opportunities for non single-family residences was considered. Mayor Pro Tem Davis questioned a senior citizen discount for recycling, and the City Manager said if a rate increase is necessary, such a proposal would be addressed the first of October. Resolution No. 95-102 was approved on a motion made by Councilman Ames and seconded by Councilman Smith. Question: Ayes: Mayor Moore Nayes: Mayor Pro Tem Councilman Cokinos Davis Councilman Ames Councilman Smith Councilman Goodson Councilman Williams -000- Resolution No. 95-103 authorizing renewal of a two-year contract, commencing April 1, 1995 and ending March 31, 1997,with Allright Beaumont Company to provide parking lot attendants for events at the Civic Center, Julie Rogers Theater, Riverfront Park, at any other requested locations and operate 84 April 4, 1995 a Park-and-Lock facility on the Civic Center north parking lot at a 60% compensation of gross receipts to the City of Beaumont was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 95-104 authorizing a contract with Diversified Coatings in the amount of$52,200.00 for repairing and repainting of the exterior of the 5,000,000 gallon steel ground reservoir located in Loeb, north of the City of Beaumont, was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-105 authorizing applications to the U. S. Department of Housing and Urban Development(HUD)for Supportive Housing and Shelter Plus Care grant funding (Salvation Army- $201,897;Women and Children's Shelter-$200,000; and the People Assistance Coalition, $200,000) and for Shelter Plus Care grant funding(Triangle Aids Network-$378,840)was approved on a motion made by Councilman Williams and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mayor Moore announced that an executive session will be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: City of Port Arthur vs. Southwestern Bell, the Claim of Charlene Busceme, and La Shuna Scott vs. City of Beaumont following the workshop session. -000- Councilman Smith reported that a very impressive showing of about 1,000 to 1,200 people attended the Triangle Interfaith Project, TIF, Sunday afternoon. She said the three main elements of their thrust is education, youth and economic development and hopes they keep focused and accomplish their goals. Councilman Goodson expressed appreciation to Mayor Moore for the opportunity of escorting Astronaut Commander James Weatherby to lunch and some of the schools, said Astronaut Weatherby is an outstanding individual, made quite an impression on the students and is a great ambassador for our nation. Also, Councilman Goodson thanked participants, sponsors and advocates of the CASA program presented at the Mall. He said the homes built by various civic groups, businesses and organizations were 85 April 4, 1995 wonderful, and commented about the kick-off of the Teddy Bear Round-Out for the Garth House. Councilman Williams commended the City Manager for the manner in which the recycling effort was conducted, expressed appreciation for his sensitivity to all areas of the city and Council's individual views on the subject and said he thought the plan brought forward is very sound and in the interest of the entire city. Councilman Williams expressed a desire that Beaumont review the Affirmative Action plan passed by the City of Houston, and perhaps emulate or implement the program or add portions to a program for Beaumont. He said that if Congress prevails and Block Grant funds are passed on to states and cities, there may be a great deal of latitude in handling of these funds and programs and City Councils may eventually be responsible for distribution, and as he leaves Council wants to be sure that Affirmative Action of this Council is alive and well and does not go by the wayside. Councilman Ames commended the Sabine Area Restaurant Association on their Chefs Delight that benefited Lamar University; said CASA chose Regina Rogers as "Volunteer of the Year" for her work with the "I Have a Dream Program." Mayor Moore thanked all of Council for attending functions on his behalf last week while he was out of the Country(Fifteenth Annual Jerusalem Conference of Mayors in Israel, March 26--April 1, 1995); said he was fortunate to arrive back in Beaumont on Sunday to attend the outstanding Triangle Interfaith Project and the most outstanding characteristic of the group is their commitment to work toward the goals they have established;thanked Councilmembers Cokinos and Smith for their participation at the Triangle Interfaith Project; acknowledged that 75 library volunteers were honored today for their contribution of approximately 6,300 hours that saved the City about $32,000; said a Senior's Series Golf Tournament is being planned at Idylwild Golf Course, weather permitting; and thanked the citizens for their interest in City Council and the City of Beaumont. -000- Mr. Allen Lee, 5095 Maddox, addressed Council to request free bus transportation on City buses for all children before and after school who live within the two-mile limit and asked that the City build bus shelters near all schools and said that the City and the Beaumont Independent School should work together for the betterment of children. Also, Mr. Lee challenged Council to walk two to four miles in the rain without an umbrella as many school children will have to do today. Mr. Tony Sacker, 4635 Elmherst Drive, addressed Council to question City policy for use of City vehicles, complained about City vehicles parked at recreational facilities during the day, and referred to payment of$800,000 by the City in a reverse discrimination lawsuit filed against the Police Department. Mr. Tony Jones, 508 Garland, addressed Council in support of additional bus shelters and the City and BISD providing bus service for children. 86 April 4, 1995 Ms. Nancy Wade, 230 East Virginia, addressed Council in support of bus shelters and transportation for school children, added that if City buses are too crowded, children are not allowed to ride, rain or shine, and asked for bus shelters with a ground area that will not be muddy during rainy periods. Mr. Tony Sacker, 4635 Elmherst Drive, addressed Council again to report that while waiting in his automobile behind the bank for someone in the Social Security Office, he witnessed 98 cars between 12:45 p.m. and 2:00 p.m. and only one stopped at the four-way stop sign and suggested that area be patrolled by the Police Department. Mayor Moore asked Staff for City policy regarding use of City vehicles by Police Officers and other employees, asked for government regulations regarding deviation of charges for bus transportation and possible loss of funding, and asked that the need for additional bus shelters be investigated. Mr. Allen Lee, 5095 Maddox, addressed Council again to express his opinion that the City form of government should be changed from a City Manager to a strong Mayor because one person has the authority to appoint and fire, and if the Mayor makes a wrong choice, he can be voted out. -000- There being no other business,the regular session of City Council was recessed to reconvene in workshop session. -000- I,Rosemarie Chiappetta, 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 April 4, 1995. Rosemarie Chiappetta City Clerk 87 April 4, 1995 EXCERPT, PROCLAMATION 4/4/95 MAYOR MOORE Okay, Andrew. COUNCILMAN COKINOS Thank you, Mayor. Where'd Jingles go? (laughter) Oh, this proclamation belongs to retardation. (laughter) He' s gone, okay. That' s all right . Vicky, stick around, Vicky. Whereas, the Texas Department of Mental Health and Mental Retardation, since 1965 has been working to foster productivity and independence for individuals with mental retardation; and Beaumont State Center, a state facility of the Texas Department of Mental Health and Mental Retardation, was established by the State Legislature in 1968 to provide an opportunity for citizens of Beaumont to promote dignity and quality of life for individuals with mental retardation; and The Texas Department of Mental Health and Mental Retardation and Beaumont State Center recognize the rights of adults with mental retardation to chose the pursuit of gainful employment and thereby foster competitive job placement through techniques of Supportive Employment as part of an array of services . Therefore, the City of Beaumont joins Beaumont State Center in acknowledging the many contributions made by our citizens with special challenges and does hereby recognize "SUPPORTIVE EMPLOYMENT FOR INDIVIDUALS WITH MENTAL RETARDATION WEEK" in Beaumont and calls upon all citizens to support the many positive endeavors accomplished by persons with mental retardation as they continue to strive to be productive individuals . Accordingly, the Mayor has hereunto set his hand and caused the Seal of the City of Beaumont to be affixed. David Moore, Mayor, dated October 4, 1995, and accepting is Vicky Holcomb. Vicky, come on up. VICKY HOLCOMB Thank you very much. (Ms . Holcomb accepted proclamation and shook hands with Councilmembers. ) COUNCILMAN COKINOS Like to have a few words, too, huh? Good. Congratulations . VICKY HOLCOMB Yes, I would like to say thank you on behalf of the Beaumont State Center. I represent the Community Relations Department at the Center. I also have with me two of our Staff members from our Supported Employment Program, and they are Bobbie Patterson and Jessie Guillory, in the back, back here . And, I'm also very pleased to have with me two PAGE 2, EXCERPT 4/4/95 of our success stories from our Supported Employment Program, and I'm going to let them introduce themselves and tell just a little bit about themselves : Hi, my name is Rozelia Graham. I work at the Holiday Inn Plaza, and I like it, and it' s very nice. Hi, my name is David Munson. I work at Popeye' s Chicken. I like it there, and it' s very nice. I truly thank the people at the Beaumont State Center for giving me this job. I been there for two and a half years, and during that time I've got a raise . Thank you. (applause) MAYOR MOORE All right ! (applause) That' s great . We really appreciate those, those type of success stories . . . END OF EXCERPT