Loading...
HomeMy WebLinkAboutMIN OCT 31 2000 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson October 31, 2000 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on October 31, 2000, at the City Hall Council Chambers, 801 Main Street, Beaumont,Texas, at 1:30 p.m.to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Moore called the meeting to order at 1:36 p.m. Mr. Freddie Coleman, a deacon at the lconian Church, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames (arrived at 1:56 p.m.), Samuel, and Patterson. Also, present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions - One proclamation was issued: "Telephone Pioneers Week," October 29-November 4, 2000. Ms. Topsy Wyngarde, a senior at Ozen High School, thanked,Council for reciting the pledge of allegiance at the beginning of the Council meeting and then dramatically recited her personalized version. She placed emphasis on the meaning of liberty and justice and spoke of the importance of democracy and pled with those of voting age to participate in the election process. Topsy elaborated on social and economic problems and their consequences upon youth and the elderly, the responsibility of exercising the right to vote, and the reasons for voting. She advocated not voting for party, but for persons who will represent her, other youth, and the elderly. Mayor Moore assured Topsy that youth are not being ignored by this Council. He said bold steps are being taken to include youth at a commission level. He commented about a youth website that will soon be on line, told Topsy that at 17, she can influence people to vote, and quoted from a portion of Scripture that states "the children shall lead them." Councilmember Patterson reported that Topsy was a featured speaker at the "Get Out to Vote Rally"held last Saturday and everyone was impressed with her message about becoming involved in the political process. Councilmember Samuel relayed positive comments received from those attending the rally about Topsy's message and stated that our future is in good hands with leaders like Topsy. Ms. Ruth Fontenot, a Beaumont Municipal Transit employee, on behalf of Mr. Roland Davis, a grateful citizen and regular rider of the Transit System, presented a plaque and a letter of appreciation to Mayor Moore for going beyond his duties as mayor. Mayor Moore assisted Mr. Davis with a transportation need, and Mr. Davis wanted to publicly express thankfulness especially today because of the dedication of the Henry Dannenbaum Transfer Station. *Public Comment: Persons may speak on scheduled agenda items. Citizen comment was invited on the Consent and Regular Agenda Item 1. No one wished to address these subjects. * Consent Agenda Approval of the minutes of the regular meeting held October 24, 2000 Confirmation of committee appointments: Reappointments: Gary Giarraputo, Airport Advisory Committee for a term expiring September 2, 2002; Emma Brown, Drug Free Beaumont Commission for a term expiring May 11, 2002; Ann Heidke-Poyner, Library Commission for a term expiring August 31, 2002; Robert E. Harris, Parks and Recreation Advisory Committee for a term expiring August 15, 2002; Jack Holden, Senior Citizen Advisory Committee for a term expiring October 26, 2002; E. J. Sherlock, Small Business Revolving Loan Fund for a term expiring October 14, 2002; George Crawford, Convention and Tourism Advisory Committee for a term expiring October 14, 2000; and Alvin Cook, Transit Advisory Committee for a term expiring October 18, 2002 - Resolution No. 00-274 A) Approve a change order (in the amount of $184) and authorize final payment for the construction of Beaumont Municipal Transit Dannenbaum Station (in the amount of $33,660.50 to Neild Construction and Development) - Resolution No. 00-275 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson Noes: None GENERAL BUSINESS 1. Consider approving the allocation of Community Development Block Grant funds for the construction of a Habitat for Humanity Re-Store Warehouse Councilmember Smith moved to approve Resolution No. 00-276 authorizing the allocation of Community Development Block Grant Funds in the amount of$68,000 forthe construction of a Habitat for Humanity Re-Store Warehouse. Councilmember Ames seconded the motion. MOTION PASSED. Minutes OCT 31 2000 Page 2 Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders Ordinance No. 00-93 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced. The below listed structures have been condemned by the City Council and owners ordered to either raze or repair them within specified time frames. Reinspection of these structures has revealed a noncompliance with the Council's order. Authorization is requested from the City Council to allow the City to demolish the following five (5) structures immediately without further notification to the owners: 1445 Broadway - Bruce Robert Ibach, owner; 2275 Broadway, Bruce Robert Ibach, owner; 701 Grant (2037-57-61-63 Irving) - Lester Kirkmon, Attention: Herman Kirkmon, owner; 1402 Maple - Mallinee Diggs, c/o Ammer J. Smith, owner; and 1329 Park (Commercial) - Jerry Villalobos, owner. Authorization is requested from the City Council to declare the twenty-six (26) below listed structures to be dangerous structures and order the owners to raze such structures within ten (10)days. If the owner fails to comply within ten (10)days, staff requests City Council's authorization to allow the City to demolish these structures without further notification to the property owner or City Council action: 623 Alma - Erich G. and Toni Corbin, owners; 2475-77 Angelina - Larry Brewer, owner; 2475 Angelina (Garage Apartment)-Larry Brewer, owner; 1379 Cable-Fannie P. Eddy c/o Cleo Marshall, owner; 4298 Detroit - Linda J. Marks, owner; 1378 Ewing - First Federal Savings Bank, owner; 1386 Ewing - Bertha Elliott, owner; 1388 Ewing - Johnella Wells, owner; 835 Jefferson (Commercial) - Walton Thomas and Helen Thomas, owners; 3940 Johnstown - Britany Sade Wilson, owner; 9170 Lawrence Drive - Donna Lee Carr, owner; 2620 Linson - Charlie Johnson, owner; 8066 Mitchell - Richard David, owner; 3755 Morningside- Brenda Foster, owner; 1161 Park(Commercial) -James David Tinkle Living Trust, owner; 2725 Park (Commercial/Church - First Believers Temple Church Of God in Christ, owner; 5190 Pine Burr Blvd. - John J. Thomas, owner; 2120 Potts -Ardell Thomas, owner; 6610 Rebecca Lane - Wm. A. Autwell, owner; 2230 South - Guido F. and Carolyn Hanak c/o H & H Investments, owners; 2990 South - Shylandra F. Jackson et al, owner; 2990 South (Rear Structure)s- Shylandra F. Jackson et al, owner; 1130 Stewart(Duplex)- Veridina Akers, owner; 1578 Texas - Zobreh Shahrodi, owner; 4080 Usan - Carol Turner Mills, owner; and 1043 Vermont - Michael A. Kohlhofer, owner; Minutes OCT 31 2000 Page 3 Authorization is requested from the City Council to declare the five(5)below listed structures to be dangerous structures and order the owners to raze such structures within thirty (30) days, or enroll in a work program. If the owner fails to comply within thirty (30) days, staff requests City Council's authorization to allow the City to demolish these structures without further notification to the property owner or City Council action: 2985 Amarillo - Sidney Provost, owner; 970 Avenue F - United Investment Group, owner; 4595 Buffalo - Curtis F. Jr. and Jennie L. Dixon, owners; 258 Hampton Lane - Sherman & Sherman, Inc., owner; 3545 Marie - Guido F. and Carolyn Hanak, owners. The public hearing opened at 2:04 p.m. (Mayor Moore left the Council Chambers at 2:07 p.m. during the first speakers comments.) Mr. Bruce Ibach, addressed Council regarding structures at 1445 Broadway and 2275 Broadway. Mr. Ibach explained that he does not have time to complete rehabilitation of 1445 Broadway, but requested time to sell the property for someone else to rehabilitate or raze. He discussed condition of the property and his endeavors in great length. Additional comments were made by Demolition Field Supervisor Pam Loiacano in response to Council questions and she reported that the structure was originally tagged in 1991. Mr. Ibach detailed condition of the structure at 2275 Broadway that included roof removal and foundation repair efforts and requested an extension to complete rehabilitation. At length, Council questioned condition of the structure. Clean Community Director John Labrie reported that without the assistance of a contractor, it would take a long time to complete the amount of necessary rehabilitation, and Mr. Ibach stated that within three or four months he could have the structure in good condition. In response to Council questions, Ms. Loiacano reported that the structure was initially tagged in 1993, and that three work programs have been established. Mr. Chris Booth with the Mehaffy and Weber law firm, representing the property owner of 1161 Park Street, the David Tinkle Trust, addressed Council to explain the legal status of the estate. He said legal settlement agreements have been reached regarding the trust and the will and requested an additional sixty days to resolve the matters. Mr. Booth said the new beneficiaries would like to rehabilitate the structure. After further clarification, Council verified that the structure could be secured, if an extension is granted. Mr. Robert Tinkle and Mr. David Tinkle, beneficiaries of the David Tinkle estate, addressed Council to state sincere desires to rehabilitate the structure after legal matters are resolved and intention to secure the building today. Ms. Helen Thomas addressed Council regarding the structure at 835 Jefferson to request an extension to rehabilitate the structure for a building to restore furniture for personal use. Ms. Loiacano explained that the structure was tagged in 1994, one work program has been established, and that a specific use permit will have to be granted to meet zoning regulations. Also, electricity and plumbing will need to be installed to meet code requirements. After further discussion regarding zone regulations, probable time frame to secure a specific use permit, electrical and plumbing rehabilitation costs, Councilmember Samuel verified with Ms. Thomas that she would advise staff if bids revealed that Minutes OCT 31 2000 Page 4 rehabilitation would be too costly for her consideration. Council consensus was that ninety days would be necessary to complete the specific use application process, receive bids and establish a work program. Mr. Freddie (Zohreh) Shahrodi addressed Council to request additional time to rehabilitate the structure at 1578 Texas Avenue. Mr. Shahrodi explained a tentative sale of the property that did not culminate and stated that he now wants to begin rehabilitation procedures. Mr. Noah Diggs, representing Ammer Smith, addressed Council regarding the structure at 1402 Maple Street and submitted copies of checks and a defaulted contract. Mr. Diggs stated that he and his mother-in-law plan to enter into another work program, secure the building within 48 hours, pay all delinquent taxes, monitor the site daily, and submit a monthly written progress report to the inspector, and requested a six-month extension. Discussion included notation that Mr. Diggs lives in Austin, that a family member will assist with rehabilitation, the garage will be demolished, soundness of the structure, vandalism, structure security, and advice to become acquainted and establish a relationship with neighbors. Mr. Robert Preston addressed Council to comment about the number of structures demolished and to state that he will submit an open records request to the City Manager for a list of addresses, owners, and dates of demolition of those structures. Demolition Field Supervisor Pam Loiacano interjected that Mr. Lester Kirkmon, property owner of the structure at Irving and 701 Grant Street, has been placed in a position of confinement for 30 days and is unable to attend the public hearing. She reviewed past Council directives to Mr. Kirkmon that the structure would be removed from the raze order to allow Mr. Kirkmon 30 days to submit a complete turnkey renovation bid contract. That did not occur, but Mr. Kirkmon continued to work without an active work program. Ms. Loiacano drove by the location and informed Mr. Kirkmon that a stop work order had been placed on the property and explained that work should cease. She informed Council that he shared his plans to demolish the rear structure. Ms. Loiacano submitted a letter received from Mr. Kirkmon with a copy of contract agreement and proposal between Mr. Lester Kirkmon and Mr. Herman Kirkmon. Ms. Loiacano added comments about mental incompetency of Mr. Kirkmon's brother and requested that Council peruse the information presented. The public hearing closed at 3:13 p.m. Mayor Pro Tern Goodson recapped the structures addressed today, and Council made recommendations to amend the ordinance to reflect that: 1161 Park be placed on a raze and repair order, the structure be secured within 48 hours, and a 60 day extension to establish ownership and immediately enroll in a work program; 835 Jefferson be placed on a raze or repair order,within 30 days submit documentation of initiating a specific use permit, and a 90 day extension given to complete the specific use process, receive bids and initiate a work program; 1578 Texas be placed on a raze or repair order, the property secured within 48 hours, immediately enroll in a work program and a 60 day extension granted to complete a work program; 1402 Maple be placed on the raze or repair order, the building secured within 48 hours,demolish the garage,and a 120 day extension granted to complete a work program; all other structures will remain at their respective status. Minutes OCT 312000 Page 5 Councilmember Smith moved to approve Ordinance No. 00-93 with the above stated amendments. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson Noes: None WORK SESSION Report from the Partnership of Southeast Texas - Deferred Report relating to the establishment of a Housing Board of Appeals and Adjustments The City Manager informed Council that Chapter 14 Section 14-1 and Chapter 6 Section 6-20 of the City's Code of Ordinances provides for establishing of a Housing Board of Adjustments and Appeals by adoption of the 1997 Standard Building Code. Establishment of this board could serve as an alternative to conducting dilapidated structure public hearings. He stated that about nine cities (shown in Exhibit "A) in Texas have implemented this procedure and the boards appear to be working effectively. The board would have authority and power to hear appeals and make decisions. Council would appoint members with various backgrounds to the board with no further appeal to the City Council. He relayed past experience in other cities utilizing civilian code enforcement boards that resulted in effectively meeting the needs of the city by empowering residents to address critical issues facing neighborhoods. He reiterated that this is an alternative method to address dilapidated structure issues in an expedited manner. Mr. Bonczek volunteered for he or Clean Community Director John Labrie to answer any questions Council might have. Mayor Pro Tern Goodson questioned the recommended number of board members and backgrounds of board members. Mr. Labrie stated that cities in Texas that have established these boards have from six to nine members. The ordinance specifies a minimum of three members, but Council would determine the number of members they prefer, which could include alternates. Mayor Pro Tern Goodson commented that the procedure appears to be similar to that presently used with the same amendatory latitude. If this should be moved from the political body, Mayor Pro Tern Goodson said he is only interested in the move if the move becomes more finite regarding rules. He expressed a desire that make up of the board be comprised of individuals with expert knowledge of building trades, and a finite procedure established. Mr. Labrie replied that the adopted building code specifies due process board actions. If adopted, he suggested that rules be formalized as specified in the code and the board hear appeals and make decisions in the same manner Council currently does. Mr. La brie also suggested that the make up of the board be a good cross section of individuals, such as contractors, an attorney, and others who would have helpful knowledge about structures. Mayor Pro Tern Goodson agreed and voiced a desire that parameters be established to work within a latitude to grant Minutes OCT 31 2000 Page 6 extensions and other actions. He stated that usually more time is given than should be to rehabilitate a structure. Mayor Pro Tern Goodson asked Council if they would like to place the item on an agenda. Councilmember Samuel expressed that his concern in relinquishing the responsibility to a citizen's board is that Council receives calls from persons in neighborhoods who have concerns about structures in their community, and said he does not feel that an appointed member of a board would receive such calls about a structure being open and accessible. Councilmember Samuel stated that he believes that"the buck stops here" with Council. A board could become political, but the final decision is with Council. He stated that he feels good about Council decisions because every effort has been made to accommodate owners, but cannot be assured that citizens would have that same heart in dealing with owners, and that "at first blush," he is not inclined to move in that direction. Council member Ames agreed with Councilmember Samuel,and stated thatwhen she was first approached with the idea, her first reaction was negative. While this is not a favorite duty, an appointed board would not be the elected officials that citizens chose. She added that conversation at neighborhood associations give anotherview of concerns, and that her first inclination is not to place the item on the agenda, unless it could be an advisory board such as the Planning and Zoning Commission. Councilmember Cokinos asked, "if it's not broken, why fix it?" He said it is that basic and voiced agreement with the other comments made by Council. Councilmember Patterson said she has mixed feelings about a board. Members might be knowledgeable about structures, but they would not have knowledge about constituents as Councilmembers do. She said each situation is different; sometimes extensions are warranted because of unusual circumstances. Councilmember Smith stated that she agrees with other Councilmembers. Too much time and too many chances are often given, but sometimes is warranted,and Council should have opportunity to address individual situations. She expressed not being comfortable with Council being totally removed from the process. Mayor Pro Tem Goodson questioned if any cities have structured their boards to allow Council to be the last resort of action. Mr. Labrie replied that appeals in the survey of cities show they are made to the Manager and Director of Building Codes, a District Court Judge, a Building Official/ Fire Marshall, or an Appeals Board. Mayor Pro Tern Goodson said there does not seem to be strong support for placing this item on an agenda, and the only support he could lend would be to add more structure for staff. He complimented staff for doing an excellent job, and said they are very tolerant with property owners. Mr. Labrie clarified that this presentation is not a recommendation, but is an alternative for Council to consider. However, he stated that in his Council letter he did recommend that appeals could not be made to Council because that would only be adding another step to the process. Minutes OCT 31 2000 Page 7 In response to Mayor Pro Tern Goodson's inquiry about the present process measuring up to the boundaries of the law, the City Attorney answered that the law of the Freeman case is in a rehearing state and no longer a problem, but a decision is in the Fifth Circuit. He said there are a lot of factors in the decision that might warrant amending the ordinance in the future, and agreed with Councilmember Cokinos' statement that the process is not broken. No changes need to be made at this time; we just need to monitor the law. Mr. Nichols stated that due process is essential, and abundance of due process is given by City Council. Councilmember Smith commended Clean Community Department staff for doing an excellent job, stated that sometimes undue burden is placed on them, but thinks it is a fundamental right of property owners for Council to manager the process as well as possible. Councilmember Samuel thanked the City Manager for the presentation, said it is appropriate for him to present new ideas to Council in an effort to be progressive, and the responsibility of Council to receive or deny the opportunity. COMMENTS * Councilmembers comment on various matters Councilmember Samuel said he was saddened that he was unable to participate in the opening of the Henry Dannenbaum Transfer Station and recalled times when he and the City Attorney would be addressed by Henry as "Laney" and "Ogden." He said the spirit of Henry continues to live in the hearts of many, and he was a true friend to everyone he met. Councilmember Cokinos added congratulations to the Transit System for the opening of the new transfer station. Councilmember Smith verbally applauded the young lady(Topsy Wyngarde)who addressed Council as being truly very special. Her message was for everyone and a challenge to do better. Mayor Pro Tern Goodson complimented Mayor Moore's introductory remarks at the Dannenbaum Transfer Station as Master of Ceremonies this morning in recalling Henry's traditional address to Council and his interest in the City of Beaumont. In addition, Mayor Pro Tern Goodson commended City staff, the Transit Division, Dohn Labiche, and the architect, Neild Construction for their roles, as well as, our U. S. representatives in securing the funds to build the facility. He reported that we received enough funding to build the station and for six special purpose buses. *City Manager's Report-Texas Natural Resource Conservation Commission, Houston Area Library System Automated Network Contract Renewal, Downtown Beautification Team, State Domestic Preparedness Equipment Program Grant, Neighborhood Transportation and Hurricane Program Local Grant Program Minutes OCT 312000 Page 8 Mr. Bonczek reported that one of the strategic directions of the Downtown Beautification Team is to improve the visual appearance of the city through increased code enforcement, maintenance of property, sign ordinance updates in the West end and in other ways. A special effort will be made in the downtown area and work with Beaumont Products and Services in picking up litter to raise the level of care. A grant was received from Exxon/Mobil in the amount of $12,000 towards purchase of a utility van for the Charlton-Pollard Neighborhood Association. The City Manager reported that staff is investigating the Clean Texas Program through the Texas Natural Resource Conservation Commission to determine our level of participation. Mr. Bonczek shared efforts of Fire Chief Bertrand for emergency preparedness. The State of Texas is conducting an assessment of the risk to Texas communities from terrorist use of Weapons of Mass Destruction through the Texas Engineering Extension Service. They will help plan and conduct training exercises, and we will qualify for Department of Justice grant funding to use for equipment purposes. A$1,000 grant has been received underthe Hurricane Program's Local Grant Program sponsored by the Federal Emergency Management Agency. All department directors will receive a weather alert radio. Lastly,the City Manager complimented last night's performance of"Man of LaMancha" at the Julie Rogers, and encouraged attendance at the exciting, musical performance of"Chicago" in January, 2001. Councilmember Smith interjected that Diane Witry did an outstanding job in conducting Beethoven's Ninth Symphony at the Lutcher Theatre in Orange in her last performance Saturday night. She complimented the magnificence of the choir and orchestra. Mayor Pro Tern Goodson Goodson added that Economic Development Director Kyle Hayes, Mayor Moore and he attended a meeting where a proposition to move the rail facilities from downtown Beaumont and development of the riverfront. He said it was an exciting meeting and reported that there will be future day long discussions about the possible improvements of the downtown area in December. Mayor Pro Tern Goodson said the meeting ended with a feeling that progress will not be limited to those of the stakeholders, and that there are federal funds available for transportation projects in non-attainment areas. A trip to the Woodlands may be planned to view a drainage ditch that has been transformed into a water facility with less access than we have. He thanked Kyle Hayes for his hard work on the project. * Public Comment (Persons are limited to three (3) minutes) Mr. Benny Mendosa, 5655 South Kenneth, addressed Council to present a photograph to Councilmember Cokinos that was taken at Mendosa Plaza and to thank him for being such a fine Councilmember. Mr.John Labrie,2675 Burgundy, addressed Council to thank those who participated in Make a Difference Day last Saturday. Seven schools and two neighborhood associations joined in the project. Mr. La Brie particularly thanked Principal Hardiman of Martin Luther King, Jr. Middle School for serving as the host school for the event. He said about 300 people did a marvelous job in the litter clean up. Minutes OCT 31 2000 Page 9 There being no other business, the meeting adjourned at 4:10 p.m. Guy N. Goodson, Mayor Pro Tempore Barbara Liming, City Clerk Minutes OCT 31 2000 Page 10 SURVEY OF CITIES Existing Number of Final Decision Board in ity Board Members Board Council Existence Excellent Good Fair Poor Port Arthur Construction Board of 5 Regulars x 1Q yrs x Adjustments & Appeals 2 Alternates Appeals to Managei&Director a of Building Codes � m X Long View Building Standard Board 5 Regulars x x w Presently goes to District 2 Alternates Appeals to District Court Judge No longer Court Judge :Wichita Falls No Board x ollege Station Construction Standard 7 Regulars x 9 yrs x Board 2 Alternates Appeals to District Court Judge i League City No Board Building Official/Fie Marshall Webster Building Board of Adjust- 7 Regulars x ment and Appeals 2 Alternates Appeals to District Court Jude 10 yrs x Odessa Board of Survey 6 Members x 10 yrs x Quorum of 3 Mt. Pleasant No Board x Dallas Urban Rehab Standard 9 Regulars x 20 yrs x Board 12 Alternates Appeal hoard