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HomeMy WebLinkAboutMIN JAN 05 1993 i REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 5, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 5th day of January, 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 Absent: 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 the Reverend Philip Hodge, Sr. , Antioch Baptist Church. The Pledge of Allegiance was led by Mayor Pro Tem Alter. -000- Proclamations were issued to the Reverend Harland Merriam, Senior Pastor at Saint Andrew's Presbyterian Church, and to the Reverend Donald Stabe, Minister of Music at Cathedral in the Pines, as dedicated leaders and distinguished citizens of Beaumont for donating numerous hours of time blending choral talent and inspirational message in developing a unique Thanksgiving Ecumenical Service in which area residents truly experienced the thanksgiving spirit. -000- On behalf of Council, Mayor Lord expressed appreciation to and congratulated Tu Chiappetta for completing the Texas Municipal Clerk's Certification Program and said Ms. Chiappetta is one of the few City Clerk's in the State of Texas receiving this honor this year. -000- Mayor Lord relayed a message that business has detained Councilman Moore -1- January 5, 1993 in Houston, and he sends his regrets for being unable to attend today's meeting. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 3 and 6. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held December 22, 1992 ; Resolution No. 93-1 authorizing First City Bank, Texas to release $500,000.00 in securities held at the Federal Reserve Bank of Dallas- Houston Branch effective December 29, 1992 ; Resolution No. 93-2 appointing Tim Gregory to the Parks and Recreation Advisory Committee for a term expiring June 30, 1994; Dan Clark to the Community Development Advisory Committee for a term expiring May 31, 1994 ; Bill Geyser to the Plumbing and Mechanical Board of Review for a term expiring May 31, 1994 ; Robert Smith, Rosalind Antoine, Dr. Edward Senigaur, Dr. Harland Merriam, Joseph Fertitta and the Reverend Rayfield Walker, as Chairman, to the Martin Luther Ring Commission for terms expiring December 31, 1994; appointing William Jones, Chairman and Gaylyn Cooper, Vice-Chairman of the Rehabilitation Board of Adjustments and Appeals with terms expiring January 1, 1994 and Doug Steinman, Vice Chairman of the Martin Luther King Commission for a term expiring December 31, 1993 ; and reappointing Arden Loughmiller, Helen Allen, Franklin Young, Glenda McCray, and Doug Steinman to the Martin Luther King Commission for terms expiring December 31, 1994 and Samuel Pullig to the Historical Landmark Commission for a term expiring October 31, 1994 ; Resolution No. 93-3 authorizing Change Order No. 3 to the contract with Jleeco Builders for the renovation of the Kansas City Southern Depot to include Alternate No. 4 of the original project construction alternates for the addition of a concrete border, compacted sub-base and free- layered brick pavers on the north side of the building in the amount of $13,900. 00 and increasing the total contract amount to $117,266. 00; Resolution No. 93-4 granting a twenty-foot-wide (209 ) utility easement on City-owned property located on Major Drive out of the Charles Williams Survey, Abstract 59 to Entex, a division of Arkla, Inc. , and Resolution No. 93-5 authorizing an annual contract for purchase of fire uniforms from Nights Uniform Company, Inc. for an estimated cost of $26, 809. 00 per unit prices of $14.50 for white and blue uniform shirts, $18.95 for uniform trousers, and $23 .45 for officer trousers. -2- January 5, 1993 The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- A Public Hearing was called regarding an amendment to the Major Street and Highway Plan, part of the Transportation Element of the Comprehensive Plan, to consider deletion of Shakespeare Drive as a proposed residential collector street from Calder Avenue north to Shakespeare's intersection with Collier Road. Mrs. Darlene Coleman, 1095 Brandywine, addressed Council in support of the amendment to the Major Street and Highway Plan deleting Shakespeare as a proposed residential collector street and distributed copies of summary sheets to each Councilmember of a survey conducted indicating 126 residents are in support of the amendment. Mr. Vick Nelson, 560 Nolan (property owner of the land that would be cut through for the extension) ; Mrs. Sue Wheatley, 950 Brandywine; Mrs. Suzanne Martin, 710 Brandywine; Mrs. Carolyn Amerman, 6885 Saratoga; Mr. Carl J. Holder, 810 Brandywine; Mr. Pete Kohler, 6865 Saratoga; Mrs. Jean Lasalle, 720 Shakespeare; Mrs. Vick (Katha) Nelson, 560 Nolan; Mrs. Dorothy Rao, 1050 Chatwood; Mr. Milton Bell, 1130 Shakespeare; and Mr. David Starnes, 1120 Shakespeare also addressed Council in support of amending the Major Street and Highway Plan to delete Shakespeare as a collector street. Mr. Lindsay Walker, 8125 Evangeline; Mr. Don Pittman, 870 Ascot; Mr. Sam Parigi, 445 North 14th Street; Mr. James Capo, 755 Shakespeare; Mr. Tony Tortorice, 8220 Collier; and Mr. Ed Cullotta, 367 Georgetown addressed Council in objection to amending the Major Street and Highway Plan by deleting Shakespeare as a residential collector street. There being no one else to address the Public Hearing, the Public Hearing was closed. A Resolution amending the Major Street and Highway Plan, part of the Transportation Element of the Comprehensive Plan, to delete Shakespeare Drive as a proposed residential collector street from Calder Avenue north to Shakespeare's intersection with Collier Road was considered: A motion to approve the resolution amending the Major Street and Highway Plan was made by Councilman Smith. A lengthy discussion occurred concerning possible use of another street as a collector street, consideration of the city's best interest, cost of extending Shakespeare, use of the land after amending the Plan and questioning Mr. Nelson about his developmental plans for the tract of land. Councilman Cokinos then made a motion to defer action on this item, but the motion died for lack of a second. -3- January 5, 1993 Councilman Goodson seconded the motion made by Councilman Smith to approve the resolution to continue Council 's discussion of the issue. Further discussion included the Planning Commission's recommendation not to change the Plan, awareness of the Plan to continue the collector street when owners purchased property in the area, the possibility of Mr. Nelson not always owning his parcel of land, Mr. Nelson's original plan to sell .8 of an acre and to build two other houses on Prutzman Street lots and an indication that Councilmembers were not in favor of diverting the plan to move the traffic flow to Collier. Council expressed a desire to fully understand Mr. Nelson's construction plans and options. The original motion and second for approval of the amendment by Councilman Smith and Councilman Goodson were withdrawn. Additional discussion raised questions concerning Mr. Nelson's obligation to remain committed to his present building permit, increased opportunity for development plans of the property affected by a zone change, and explanation of the one-year rule for re-submission for zone changes. A motion to defer action for information regarding Mr. Nelson's final plans for development of his property was made by Mayor Pro Tem Alter and seconded by Councilman Cokinos. After further discussion regarding the prudence in delaying action, Mayor Pro-Tem Alter and Councilman Cokinos withdrew their motion and second to defer action. A motion was made by Mayor Pro Tem Alter and seconded by Councilman Cokinos to deny amending the Major Street and Highway Plan, part of the Transportation Element of the Comprehensive Plan. Question: Ayes: Mayor Pro Tem Nayes: Mayor Lord Alter Councilman Cokinos Councilman Smith Councilman Goodson Councilman Samuel -000- Mayor Lord called a two-minute recess to allow citizens to clear the Chambers. -000- The City Council meeting reconvened with Mayor Lord, Mayor Pro-Tem Alter, Councilmembers Goodson and Samuel present. -4- January 5, 1993 A Public Hearing was called to amend the Transportation and Land Use Element of the Comprehensive Plan. City Manager Riley asked Planning Director Kirt Anderson to review the proposed amendment. Mr. Anderson explained that the amendment to the Transportation and Land Use Element of the Comprehensive Plan is to adopt the portion of the "Mid-County Area Plan" within the City's extra-territorial jurisdiction; to re-adopt the existing Land Use and Transportation Elements of the Comprehensive Plan, as amended for the mid-county area; and to endorse the "Mid-County Area Plan" for the Jefferson-Orange Counties Regional Transportation Plan for the Southeast Regional Planning Commission. (Councilmembers Cokinos and Smith returned to the Chamber during Mr. Anderson's explanation of the amendment. ) There being no one to address this subject, the Public Hearing was closed. Resolution No. 93-6 amending the Transportation and Land Use Element of the Comprehensive Plan was approved on a motion made by Mayor Pro-Tem Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- The first reading of an ordinance granting a solid waste collection and transportation service franchise to Western Waste Industries located at 5550 Washington Boulevard was held: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WESTERN WASTE INDUSTRIES TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. An ordinance granting a solid waste collection and transportation service franchise to Western Waste Industries was passed to its second reading on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- -5- January 5, 1993 Ordinance No. 93-1 authorizing a zone change for a two-acre tract, at the request of Mark Whitely & Associates for James Gonzales, from RS (Residential Single Family Dwelling District) to NC (Neighborhood Commercial District) at the point where Wellington joins Dowlen south of Delaware and a zone change for an abutting 15.8-acre tract from RS to RM- H (Residential Multiple Family Dwelling-Highest Density District) for a total of 17.8 acres located within a 22 .58 acre tract of land known as Tract 6 out of Tract 55, Tax Roll Plat SP-1, H. Williams Survey, Abstract 56 was considered: ORDINANCE NO. 93-1 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 DWELLING) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON A TWO ACRE TRACT AND FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) ON A 15.8 ACRE TRACT, BOTH TRACTS BEING LOCATED WITHIN A 22.58 ACRE TRACT OF LAND DESCRIBED AS TRACT 6 OUT OF TRACT 55, TAX ROLL PLAT SP-1, H. WILLIAMS SURVEY, ABSTRACT 56, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Goodson said he will not participate in deliberations or vote of this item because a member of his law firm was involved in the application for the zoning changes. Ordinance No. 93-1 was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: Mayor Lord Nayes: None Mayor Pro-Tem Alter Councilman Cokinos Councilman Smith Councilman Samuel Abstained: Councilman Goodson -000- Ordinance No. 93-2 authorizing a Specific Use Permit, requested by Mark Whitely and Associates for James Gonzales, for construction of an office complex for professional offices located on a 7.92-acre portion at the southwest part of the 15.8 acre tract rezoned for RM-H south of a 100' wide Drainage District #6 ditch was considered: -6- January 5, 1993 ORDINANCE NO. 93-2 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE PARK FOR PROFESSIONAL OFFICES ON 7.92 ACRES LOCATED WITHIN A 22 .58 ACRE TRACT OF LAND DESCRIBED AS TRACT 6 OUT OF TRACT 55, TAX ROLL PLAT SP-1, H. WILLIAMS SURVEY, ABSTRACT 56, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilman Goodson said he will not participate in the vote for this item because a member of his law firm was involved in application of the Specific Use Permit. Ordinance No. 92-2 was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos with added restrictions that an entrance to the office park be only on Dowlen Road and that there be a left-hand turn in the median. Question: Ayes: Mayor Lord Nayes: None Mayor Pro-Tem Alter Councilman Cokinos Councilman Smith Councilman Samuel Abstained: Councilman Goodson -000- Resolution No. 93-7 authorizing Change Order No. 1 (to add an additional 40 linear feet of 101x8 ' concrete box culvert and include additional pay items required) in the amount of $19, 327.91 to the contract with Excavators and Constructors, Inc. for construction of the High School Ditch Drainage System - Phase 1 Project increasing the contract amount to $1, 134,401. 11 was approved on a motion made by Councilman Samuel and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Council expressed wishes for a Happy New Year to all. -000- Dr. C. L. Pentecost, 2095 Thomas Road, addressed Council to request further consideration for the denied application at the August 11, 1992 Council meeting of Mrs. Theresa Hong Than for a zone change and Specific Use Permit to construct a convenience store at 2605 Avenue A, Lots 5 and 6 of Block 64, Cartwright Addition. Mayor Lord informed Dr. Pentecost -7- January 5, 1993 that Council is touched with the plight of this particular application, but are bound to act within certain regulations and suggested that he consult with the City Planning Director to see if there is a way to work out this problem. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council in support of the Police Department and announced that First Baptist Church will again present the Passion Play in April at the Julie Rogers Theater. The Reverend Gregory, New Hope Baptist Church, addressed Council in support of the Police Department and retaining the Chief of Police. Mr. Kerry Lovett, 4177 Arthur Lane, addressed Council to question the process of investigating alleged incidents of police brutality or harassment. Mr. Lovett was instructed that he could visit with the Legal Department to learn more about the investigation procedures. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Work Shop Session in the Civic Center meeting rooms. -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 January 5, 1993 . Rosemarie Chiappetta City Clerk -8- January 5, 1993