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HomeMy WebLinkAboutMIN APR 27 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 27, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 27th day of April, 1993 , with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Father Badeen, Saint Michael 's Orthodox Church. The Pledge of Allegiance was led by Councilman Samuel. -000- Five Proclamations were issued: "National Youth Service Day, " April 27, 1993 ; "Retired Senior Volunteer Program Day, " April 28, 1993 ; "Beta Sigma Phi Founderes Day, " April 29, 1993 ; "National Preschool Immunization Week, " April 24-30, 1993 ; and "Western Week, " April 25, 1993 and "YMBL Rodeo Days, " April 24-May 1, 1993 . -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 3 through 7. Mr. Donald Green, 3750 Morningside, attempted to address Agenda Item No. 1 and was reminded that a public hearing has already been held on that item and that additional comment is not appropriate. -000- The following Consent Agenda items were considered: -81- April 27, 1993 Approval of the Minutes of the regular City Council session held April 13, 1993 ; Resolution No. 93-89 authorizing Texas Commerce Bank, Beaumont to release securities effective April 20, 1993 in the current value of $1, 376,544.03 , par value of $2, 012,024 .67, held as collateral for City deposits; Resolution No. 93-90 reappointing Craig Sherlock to the Small Business Revolving Loan Fund Advisory Committee for a term expiring December 31, 1994 and appointing Carolyn Hudler to the Transit Advisory Committee for a term expiring June 30, 1994 ; Resolution No. 93-91 authorizing purchase of five (5) air conditioning units for the Civic Center in the amount of $13,723 . 00 from Cobb Air Conditioning Co. , Inc. ; Resolution No. 93-92 authorizing execution of a Correction Deed from the City of Beaumont to Loving Acres, Inc. for Lot 10, Block 13 of Calder Addition to clear title to the property (erroneously deeded by Tony Houseman, President of Cloverleaf, Inc. in January, 1993) ; Resolution No. 93-93 authorizing a License to Encroach to W. H. Mellen for a carport 7. 0 feet for a distance of 19. 0 feet, wooden stairs 3.5 feet for a distance of 15. 0 feet and a portion of a two-story duplex on concrete piers 3 . 0 feet for a distance of 20.3 feet into a ten foot utility easement on the south 17.2 feet of Lot 3, all of Lot 4 and the south 84.4 feet of the west 6.5 feet of Lot 5, Block 1 of the Eisentraut Addition, 4645 Highland Avenue, for a one-time fee of Five Hundred Dollars ($500. 00) ; Resolution No. 93-94 accepting Street and Storm Sewer Improvements: Tahoe Drive from existing pavement in Section One approximately 620 feet in a northwesterly direction to and including a temporary cul-de-sac; Reno Circle from Tahoe Drive approximately 300 feet east to and including the cul-de-sac; Salida Lane from Tahoe Drive approximately 390 feet east to the existing pavement; and Water and Sanitary Sewer Improvements: Lots 8 through 15, Block 1; Lots 6 through 21, Block 3 ; and Lots 1 through 6, Block 6; in Meadowlands - Section Three, contingent on filing of the final plat, complete with proper filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights; Resolution No. 93-95 authorizing settlement of the claim Amos Tyler v.s The City of Beaumont in the amount of Twenty Thousand Dollars ($20, 000. 00) ; Resolution No. 93-96 authorizing purchase of a self-propelled road sweeper, warrantied for one year or 1,500 hours, for the Solid Waste -82- April 27, 1993 Department from Conley Lott Nichols Machinery Co. in the amount of $23,607.00; Resolution No. 93-97 authorizing purchase of metal roof coating to prevent further rust, deterioration and high replacement cost in the future for T-Hangar C and the North Hangar at the Beaumont Municipal Airport from B. R. C. Painting, Inc. in the amount of $19, 216. 00; Resolution No. 93-98 authorizing carpet and vinyl tile installation at the Best Years Center by Bellard's Drapery & Carpet, Inc. in the amount of $15,999.00; and Resolution No. 93-99 authorizing a contract with Chemtex in the amount of $11,289.00 to furnish wastewater laboratory testing services for the Public Utilities/Water Reclamation's Wastewater Industrial Pretreatment Program. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- An Ordinance authorizing a Specific Use Permit to allow W. H. Taft, President of Community Cemeteries, Inc. , to expand an existing cemetery on a 2 .26-acre tract located west of Pine Street and north of Hale Street, described as Tax Plat D-20 in the A. Williams Survey, zoned RS (Residential Single Family Dwelling) with 27% objections from owners of property within 200 feet of the tract, thereby, invoking the 20% Rule, was considered: ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO COMMUNITY CEMETERIES, INC. TO ALLOW EXPANSION OF AN EXISTING CEMETERY LOCATED WEST OF PINE STREET AND NORTH OF HALE STREET ON A 2 .26 ACRE TRACT OUT OF TAX PLAT D-20 IN THE A. WILLIAMS SURVEY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT) BEAUMONT, JEFFERSON COUNTY, TEXAS. Based on calls he had received, Councilman Samuel made a motion, seconded by Councilman Smith, to defer action on this item to give the property owner opportunity to meet with residents of the area to discuss a resolution to their objections. Further discussion included action deadlines for Specific Use Permits, the 20% Rule, automatic approval if action is not taken within a proper -83- April 27, 1993 time frame, and referring the item back to the Planning and Zoning Commission. City Attorney Lane Nichols informed Council that the 200 Rule is by State statute, and the City's Code of Ordinances, Specific Use Permits must be acted upon within sixty days of the application filing date. He also said he has requested that Assistant City Attorney Tyrone Cooper determine if the automatic approval is also governed by a State statute and how the two would work together. Mr. Nichols suggested Council might want to consider this item later in the meeting after Mr. Cooper has opportunity to complete the research. The motion and second to defer action on this item were withdrawn by Councilmen Samuel and Smith . (Mr. Nichols left the Chambers to confer with Mr. Cooper. ) -000- An Ordinance to designate a Historical-Cultural Landmark Preservation District Overlay for property at 2434 Liberty at the request of Randall Goss with Staff recommendation for denial due to modifications made to the house, such as aluminum siding and windows, which depreciated the already limited historic value, was considered: (Councilman Samuel left the Chamber during presentation of the Ordinance and was not present for the vote. ) 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 ESTABLISHING AN H-C ( HISTORICAL / CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT) FOR PROPERTY LOCATED AT 2434 LIBERTY AVENUE DESCRIBED AS THE EAST 1/2 OF LOT 21 AND WEST 3/4 OF LOT 22, BLOCK 26, AVERILL ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The Ordinance was denied on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- -84- April 27, 1993 (Councilman Samuel returned during introduction of Item 3 . ) Ordinance No. 93-20 abandoning the curved radius of the cul-de-sac adjacent to Lot 9, Block 1, of the Oak Lane Addition to allow Dr. and Mrs. Gary Vaughn of 8120 Evangeline Lane to construct a home (without an encroachment in the presently required 50-foot front yard setback) , subject to the retention of a general utility easement in place of the abandoned right-of-way was considered: ORDINANCE NO. 93-20 ENTITLED AN ORDINANCE ABANDONING THAT PART OF EVANGELINE LANE THAT FORMS THE NORTH SIDE OF A PLATTED CUL-DE-SAC ADJACENT TO LOT 9, BLOCK 1, OAK LANE ADDITION OF THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 93-20 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- (Mayor Pro Tem Alter left Council Chambers during consideration of Item 4 . ) Resolution No. 93-100 authorizing purchase of computer equipment to increase disk storage capacity approximately 36% for the Management Information System's AS400 D60 computer system and allow the system to function at optimum performance and response time from IBM Corporation in the amount of $39,868. 00 was considered. Councilman Moore questioned if additional increases are anticipated or are we just keeping up to meet needs; is this a sound investment and do we need to consider looking at other equipment? Mr. Riley explained this is the third phase of updating the equipment that was presented to Council earlier in a Workshop Session, and that purchase was delayed until actually needed, and this would probably be the last upgrade. Resolution No. 93-100 was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None (Mayor Pro Tem Alter returned after the vote. ) -000- Mayor Lord recognized City Attorney Lane Nichols and asked him to report on Mr. Cooper's determination. -85- April 27, 1993 Mr. Nichols responded that Mr. Cooper's research revealed that the sixty (60) day time limit for a Specific Use Permit begins with the public hearing date, not with the application filing date, (Section 30-40(f) of the Code of Ordinances) , and said there would be ample time to defer action on Agenda Item No. 1. With that information and after a short discussion, action on the ordinance for the Specific Use Permit to allow Community Cemeteries, Inc. to expand an existing cemetery on a 2 .26-acre tract west of Pine Street and north of Hale Street was deferred to allow the applicant to meet with surrounding property owners to try to resolve some of their concerns prior to Council taking action before the expiration of the sixty-day period on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None At the request of Mayor Lord, Councilman Samuel explained to residents of Morningside and Hale Streets in attendance that "What I 've just done is ask that this item is deferred until you have an opportunity to meet with Mr. Taft, in which, it is his responsibility to come to you to work out some agreement that is acceptable between you. Then it will come back to Council. . . " -000- Resolution No. 93-101 accepting the $38,500.00 bid submitted by Lombardo Tree Service for demolition of structures at 1305 and 1365-95 Crockett (once occupied by Warren Refrigeration Co. ) for the Community Development Division of the Administrative Services Department because they are abandoned and pose a public threat was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Resolution No. 93-102 authorizing purchase of one (1) Wildcat compost and windrow turner from Industrial Disposal Supply in the amount of $59,875. 00 for use in the Solid Waste Management Department's Organic Waste Compost Operation was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 93-103 authorizing purchase of a Ford F350, four-wheel drive truck mounted with a Liftmore crane, Ingersol Rand air compressor and a Rawson service body, from Wickersham Ford in the amount of $30, 193 . 00 for use by the Landfill Division was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -86- April 27, 1993 Mayor Lord announced that an Executive Session will be held following the Regular Session of City Council in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: L. E. Johnson, Et Al vs. City of Beaumont. -000- Councilmen Smith, Goodson and Alter congratulated City Manager Ray Riley, president of the Neches River Festival, for planning and executing ten very festive days of celebration for the community. Mayor Pro Tem Alter said that over 300 people signed up for the "Clean Sweep" program last Saturday and commended Public Utilities Director S. A. Webb for hosting a Water Utilities School with about 400 people in attendance. Councilman Moore expressed compliments to Mr. Odis Briggs who was recognized by Commissioners Court yesterday for outstanding accomplishments as manager of Washington Manor. Mr. Briggs has implemented various programs during the past seven years to eliminate many of the problems that previously plagued the complex. Drug dealers and prostitutes were a problem when Mr. Briggs became manager of Washington Manor. Commissioners Court honored him for the turnaround that has occurred under his management, and Councilman Moore added the City's appreciation for his innovative and successful efforts. Councilman Moore announced that the Pear Orchard Neighborhood meeting will be held tonight at 7:00 p.m. at Our Mother of Mercy Catholic Hall, and on Thursday evening at 6: 30 p.m. , the South Park Neighborhood Association will meet at South Park Baptist Church, and encourage everyone to take advantage of the opportunity to vote on Saturday. Mayor Lord said she received a call shortly before Council stating that some citizens are very concerned about activities at Collier's Ferry and are afraid to go there with their families and questioned Collier's Ferry becoming a City park, thus falling under regulations prohibiting alcohol on the premises, and possibly eliminating some of the apprehensions. City Manager Riley asked Council if they would like to refer the possibility to the Parks and Recreation Advisory Committee for immediate action and consideration, and the consensus was to proceed. Councilman Samuel reported the bad state of Steve Drive off Pine Street and asked about City participation in reconstruction. Staff reported the City has no authority since it is a private street and said the developer did not follow the proper procedures for subdivision regulations which provide for standards required for street, water and sewer. The developer can develop the street as outlined and then the City can accept it for maintenance. City Attorney Nichols said that with the facts submitted, perhaps the developer has violated the subdivision ordinance by not having a subdivision plat approved by the Planning Commission before selling portions of the property and filing -87- April 27, 1993 deeds. He said a deed is not to be filed before coming from a pre- platted subdivision. Mr. Nichols said a formal letter could be sent to the County Clerk to verify transactions in violation of the law. Councilman Samuel asked Staff to investigate this situation in an effort to give property owners on Steve Drive assurance they have been heard. EXCERPT Councilman Samuel said " . . .Next week, we'll have someone new in, and the attention will be that way. So, I chose today to express my appreciation to all of the citizens of Beaumont for allowing me to serve as a City Councilman for the past nine years. I look back on it, and I can't think of any times that I would of traded. I 've learned, I've developed and in many ways, I 've matured in my tenure here. Through the good times and the bad times, I 'm yet to have a bad encounter with any citizen in Beaumont. And, then I think about the staff that I 've worked with. You know, one of the most important things about serving as elected official, is being provided with correct information, adequate information, so that you can evaluate all sides. And, I 'd just like to commend staff and thank the staff for all the efforts you've given me over the years. I've served with, under--I 've served with three different city managers, and I had some very strong apprehensions coming in about you, Ray. I think it was, that's been known, that was known then. You've shown me to be a man of integrity, and you've kept your word about everything that you've told me. So, I can only thank you for that. Mayor, you know, I think I talked to you prior to even getting involved in public service. And, I 've gone through three mayors. I can't say that I 've had a more rewarding experience. You know, we hadn't always talked as much as we used to, but it's been good. I 've enjoyed it. I 've learned a lot from you. I've been through ten other councilmembers, ten councilpeople, and I must say I feel like I'm leaving with the City in good hands. You know, I 've heard about Ward politics. I 've heard about the political games that are played, but I have to say that on this Council, I 've never had to question where someone stood. I 've never, for the most part, I hadn't had to wonder about what was a hidden agenda. Lulu, you know we go back to when you were my doctor as a, as a little boy. (Laughter) I, you know, and you know you came to our rescue at Beaumont High when we were fighting a dress code. And, I knew when you come on, when you were coming on the Council I knew that you were the type of person that would stand for what you felt is right. We've been on different sides a couple of times, not many, but you've still shown me to be the person you were a long time ago. So, I appreciate that. Councilman Moore: She give you a shot? Councilman Samuel: Many! (Laughter) Some of the other guys, I hadn't -88- April 27, 1993 been with you as long, but I know that your heart is in this. Andrew, Guy, Brian, I know you truly try to serve. I admire the energy you, you show (to Mayor Pro Tem. Alter) . You come in showing a lot of energy. At first, I said what is this guy doing in my Ward? (Laughter) But, I can appreciate that, and I think all of the citizens should appreciate that. And, Lane you've been around. We've gone through some good times. I'm real proud, pleased you helped keep us out of trouble. There's only one time I was a little afraid that I was gonna get in a lawsuit, but you got us out of that too, so I can appreciate that. (Laughter) And over the years there've been a lot of hot situations. We've had to make decisions. I made the decisions that I felt in my heart were right. And, I have to say that the media has always been, been fair to me-- Channel 6, Channel 12, and Channel 4. I 've been through a number of news reporters. There was only one that really scared me, about what type of relationship that we would have, and that was David (Bauerlein) . But, as time went on I got to know about him, and I can truly say, you've been fair with me, and I appreciate the service that you're providing for the citizens, of trying to get the facts out in the best manner and the truest form that's possible. And, I saved the last one, cause this guy, (Councilman Moore) we go back a real long ways. You know, when you serve you don't always hear the good things. You always hear the bad. As I 've served, I 've heard what Audwin isn't doing. I 've heard what David Moore does not do. And I've heard them say that they don't represent the community, but I have to say, I never met a person more dedicated to their community than David. We have our problems. I don't necessarily agree with the way he talks, the way he approaches, but I don't think there's anyone in Beaumont that loves his community any more and gives of himself. Enough said. MAYOR LORD: Beautifully said, beautifully said, Audwin. We love you. (Applause) I don't think anybody could express it more feelingly than Audwin did, and he has given of himself, really of himself, and we thank you for that, too, Audwin. END OF EXCERPT -000- Mayor Lord turned the Chair over to Mayor Pro Tem Alter and said she had a meeting at 3 : 00 p.m. relative to hurricanes and preparations necessary for our city. -000- Before Mayor Lord left the meeting, City Manager Ray Riley introduced -89- April 27, 1993 Steven Richardson, named yesterday as Planning Director. He said Mr. Richardson comes most recently from Louisiana, has a Bachelors and Masters Degree from Texas A & M University and brings more than 16 years of experience in his area of expertise. Mr. Richardson said he is happy to be in Beaumont and looks forward to working in Beaumont. -000- Mr. Donald Green, 3750 Morningside; Mr. Johnny Cantue, 1080 Hale; and the Reverend Cleveland Andrus, 3795 Morningside; addressed Council in opposition to issuance of a Specific Use Permit to allow expansion of an existing cemetery located west of Pine Street and North of Hale Street. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Executive 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 27, 1993. Rosemarie Chiappetta City Clerk -90- April 27, 1993