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HomeMy WebLinkAboutMIN JAN 19 1999 M I N U T E S - CITY OF BEA1,1MONT Lulu L. Smith DAVID W. MOORE, MAYOR Bobbie J. Patterson, Mayor Pro Tem Guy N. Goodson CITY COUNCIL MEETING Andrew P. Cokinos John K. Davis JANUARY 19, 1999 Becky Ames Lane Nichols, City Attorney Ray A. Riley, City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on January 19, 1999, 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 1:34 p.m. The Reverend Herbert Malvo, Greater Rising Sun Baptist Church, gave the invocation. Mr. Johnny Beatty, CDBG Grants Administrator, led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson, Cokinos,Ames, and Davis. Councilmember Smith was absent. Also present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions - No proclamations were issued. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the consent and regular agendas. Mr. James A Drake, president of the Houston House Moving Association, past president of the International House Moving Association, acting director and past vice president of Texas Moving Association, addressed Council at the request of Mr. Kell Jones to discuss measures the City of Houston has taken to deal with problems relating to house moving similar to what Beaumont is experiencing. He reviewed a past experience in Houston with buildings moved in 1982 at the closing of Ellington Air Force Base left on lots and not repaired in a timely fashion. As a result of many community complaints,the Houston Council passed an ordinance requiring a$3,500 surety bond and a notarized agreement for each building that was requested to be moved within the City of Houston. Civic clubs were also asked to approve moving these structures into a community. Mr. Drake addressed the benefits of moving and salvaging housing for the market and quoted the number of houses moved in Houston, in Texas, and throughout the nation in 1998. Mr. Larry McCown,4755 Hardwood,an employee of Jones Boys Inc.,addressed Council in opposition to the amendment to the ordinance on Item 4 under consideration. He stated that the ordinance as written could possibly have a direct affect on his job and income. Mr. McCown asked Council to consider not passing the ordinance as proposed and expressed his appreciation. Mr. Kell Jones, owner of Jones Boys Inc., distributed brochures to Council depicting his company's business in Beaumont since 1911, reviewed the history and scope of the activity of his company, and expressed concern that the proposed ordinance in Item No. 4 would eliminate jobs and his business. Mr. Jones asked Council to table the ordinance and allow discussion to establish an ordinance that would correct problems such as those that have arisen in the Gulf Terrace Addition. Mr. Jones volunteered to assist in the discussion, said Beaumont can successfully solve this problem as other cities have. He referred to Houston requiring a $3,500 bond, and if, after 151 days, applicants have not fulfilled their obligation, the bond is collected and used to demolish the structure. Mr. Jones said League City allows 90 days to upgrade the exterior of the house, and if not completed, the bond money is used for demolition expenses. Further discussion occurred with Mayor Moore inquiring about the number of transfers completed by Jones Boys Inc. last year. Mr. Jones replied that because of the type of business he operates, his company did not move very many, but said 57 of the 157 structures in the Bellaire Addition were transferred into the subdivision. He pointed out that was 57 structures preserved and now on the tax role. He also discussed Port Arthur's conformity code that involves inspections of the house and the prospective new location for the structure. Mayor Moore thanked Mr. Jones for the information, spoke of trying to reach common ground for a good decision for the subdivision residents and business operators. Mr. Jones asked for a chance to work with the City in taking a bad situation and turning it into a livable one. Mr. David Bradley, 615 North 5th Street, spoke of the positive aspects of moving some homes. He displayed pictures of older homes moved into Old Town that were restored to their original condition. He showed newspaper pictures and quoted an article about a preservation effort of three houses and have returned to the tax role at about $350,000. Also, he showed a picture of a structure for sale at the corner of 4th Street and Hazel that is listed with a realtor for$197,000. Mr. Bradley said there are positives in moving structures and asked that amendments be looked at carefully in solving the present problem. Before continuing with action items, Mayor Moore acknowledged Ms. Angelyque Campbell, the Community Builder for HUD-Houston and asked her to comment. Ms. Campbell spoke of her role in the reorganization of HUD. Ms. Campbell serves the Golden Triangle area as a point person to whom questions may be directed. She said the main goal is to restore public trust and to reconnect with the community. Ms. Campbell expressed her desire to be of service and left her telephone number to accommodate future calls (713-313-2274, ext. 7024). Ms. Campbell stated that she travels to the Golden Triangle frequently, said innovative projects are on the agenda, but that unresolved conflicts are being addressed. She requested calls regarding ideas as well as questions. Mayor Moore thanked Ms. Campbell for appearing at Council today and invited her return. Minutes; 1/19/99;Page 2 *Consent Agenda * Approval of the minutes of the regular meetings held January 12, 1999 * Confirmation of committee appointments - Resolution No. 99-12 A) Approve the conveyance of property to the Southeast Texas Community Development Corporation, Inc. (Lot 10, Block 11, Silver City Addition, 2080 Lela Street, for construction of residence in the Neighborhood Revitalization Project) - Resolution No. 99-13 B) Approve the settlement of a lawsuit: Wanda Young v. City of Beaumont et al (in the amount of$25,000) - Resolution No. 99-14 C) Approve a resolution relating to the new Perlstein Park to be located in the Amelia-Gulf Terrace Addition and the condition of its use (accept $30,000 from heirs of H. A. Perlstein and names park "Perlstein Park" and agrees that should the property ever be used for another purpose, another comparable park will be established with the same name) - Resolution No. 99-15 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson, Cokinos, Ames, and Davis Noes: None GENERAL BUSINESS 1. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department Councilmember Goodson moved to approve Ordinance No. 99-2 ENTITLED AN ORDINANCE AMENDING CHAPTER 21-75 AMEND THE NUMBER OF POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL (178 Grade I Officers and 64 Grade II Sergeants). Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson, Cokinos, Ames, and Davis Noes: None 2. Consider a request from the Beaumont Independent School District to abandon E. Woodrow Avenue between Highland Avenue and Grandberry Avenue Minutes; 1/19/99;Page 3 Mayor Pro Tern Patterson moved to approve Ordinance No. 99-3 ENTITLED AN ORDINANCE ABANDONING 594'OF WOODROW STREET BETWEEN HIGHLAND AVENUE&GRANDBERRY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson, Cokinos, Ames, and Davis Noes: None 3. Consider a request to abandon the undeveloped Matthews Drive between Phelan Boulevard and Calder Avenue Councilmember Goodson moved to approve Ordinance No. 99-4 ENTITLED AN ORDINANCE ABANDONING MATTHEWS DRIVE BETWEEN PHELAN BOULEVARD AND CALDER AVENUE,JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson, Cokinos, Ames, and Davis Noes: None 4. Consider amending Chapter 5, Section 6-21 of the Code of Ordinances to prohibit the moving of buildings for residential purposes within the City of Beaumont The City Manager introduced Ordinance No.99-5 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21 TO AMEND THE BUILDING CODE OF THE CITY OF BEAUMONT TO PROHIBIT THE MOVING OF BUILDINGS FOR RESIDENTIAL PURPOSES WITHIN THE CITY, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mr. Riley explained past problems relocating structures that did not meet Code specifications prior to being moved. He said current regulations do not prohibit moving structures outside the city. This ordinance would require the structure to meet Code specification prior to being moved and show it could meet the Code at the new site. Mr. Riley stated that with the exception of houses that could be moved as part of the Historic Landmark Commission or Texas Historic Commission, this ordinance would set aside the ability to relocate houses within the city. He said there does have to be compatibility, notification procedures and an appeal process. Without this ordinance, additional houses could be moved within the interim. Council may proceed expeditiously as possible to prepare an ordinance that would allow the procedure to accomplish what has been presented by speakers today. Four to six weeks would allow preparation of a more detailed procedure and establishment of a board similar to the Planning Commission or Board of Appeals that could consider requests for moving and relocating structures within the city. Application of this ordinance is for residential structures only and was not intended to be Minutes;1/19/99;Page 4 the end,just a stop-gap to give a moratorium and provide for no relocation in the next 30 to 60 days until the new procedure could be devised. Mayor Moore expressed appreciation for the level of citizen input in bringing notice to Council of measures that could be considered,spoke of the present dilemma of incompatible structures moving into a neighborhood, and directed questions to Mr. Jones relative to the impact his business would realize with a 30-60 day period to develop an adoptable ordinance. Mr. Jones confirmed that 60 days would not be severe, but expressed a concern that the item might be neglected and not brought back for consideration. Mayor Moore stated that the ordinance would not be set aside, but the goal is to stop the furtherance of the present problem, and stated he will support the ordinance being brought back within the 60 day period. Mr. Jones acknowledged agreement with this procedure. Councilmember Davis added his request that Mr. Jones work along with staff on formulation of the ordinance. Councilmember Goodson directed questions to the City Attorney to verify a realistic time frame in bringing an acceptable ordinance back to Council for final passage, the effective date, possible publication requirements or other procedures that might impact time. The City Attorney informed Councilmember Goodson that unless Council desires additional notification or additional time limits, once the ordinance is passed, it will be effective upon the third publication, usually the Saturday after the Tuesday Council meeting. He said the ordinance may provide for some level of issuance of a Certificate of Appropriateness that might place a requirement on the mover. Councilmember Goodson spoke about the requirements of other cities that provide referral to the Building Codes Division and an appeal process to a committee that would necessarily cause additional time to be added to the function. He stated that his questions are an effort to inform and fairly represent a time frame to business owners. Additional discussion included Certificates of Appropriateness or Conformity, time needed to draft the certificate, use of this kind of certificate in the historic district, and turnaround time for permits. Mayor Moore expressed to Mr. Jones his intent to get an ordinance working and in place in a 60-day period and asked Councilmember Goodson to work with staff and those involved in formulating the ordinance. Councilmember Goodson accepted the assignment and said he would obtain a copy of Port Arthur's ordinance for referral. Councilmember Davis moved to approve Ordinance No. 99-5. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson, Cokinos, Ames, and Davis Noes: None Minutes; 1/19/99;Page 5 5. Consider approving the acquisition of property for the Walden Road Improvement Project Councilmember Cokinos moved to approve Resolution No. 99-16 authorizing acquisition of 16.124 acres of land out of the T. H. Langham Subdivision (2,000 feet north of Walden Road and north and east of Jefferson County Drainage District No. 6's office a distance of 3,400 feet) for$161,240 from the Hebert Heirs for the Walden road Right-of-Way Project.. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson, Cokinos, Ames, and Davis Noes: None 6. Consider approving a contract for the purchase of defibrillator monitors for use in emergency medical and rescue operations Councilmember Cokinos moved approve Resolution No. 99-17 authorizing a contract with Physio Control Corp in the amount of$64,558.98 for purchase of defibrillator/monitors for the Beaumont Fire Department and Emergency Medical Services.CouncilmemberAmes seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson, Cokinos, Ames, and Davis, Noes: None OTHER BUSINESS *Review FY 99 Community Development Block Grant budget Finance Officer Beverly Hodges presented the 1999 Preliminary Budget for the HUD Consolidate Grant Program. Housing $900,000 Minor Repair $250,000 Acquisition/Site Development $250,000 Habitat for Humanity-Administration $ 50,000 Senior Multi-Family Housing Development $350,000 Clearance and Demolition $250,000 Public Facility and Improvement $650,000 Hotel Beaumont(Section 108 payment) $100,000 Jefferson Theater(Section 108 payment) $175,000 Other Designated Section 108 Projects $250,000 Spindletop Library Development $125,000 Minutes; 1/19/99;Page 6 Public Service Grants $100,000 Economic Development BUILD, Inc. $ 35,000 Administration $382,000 The total for the preliminary CDBG budget is $2,317,000. Mrs. Hodges explained that this workshop is a prelude to a public hearing to establish categorical totals, not a detailed budget. Suitable modifications maybe made during the remainder of the process. She briefly reviewed and described facets of each category. Councilmember Davis commented that the category of minor repairs is very important for elderly residents and stated that he would like any unused funds to be used for outstanding applications in that category. Also, Councilmember Davis expressed support of any unused funds in the loan program be expended to help small, struggling businesses succeed. He commended the procedure that is in place to collect delinquent loans, and commented about the agenda item authorizing purchase of property for low to moderate income housing. Mrs. Hodges further explained thatthis budget is a preparatory basis forthe public hearing that will be held on February 2nd. Figures may be modified to finally reach the right mix and passage of the final budget on March 2nd. Mr. Riley pointed out that the schedule presented to Council is the first in this form. In the past, Council has had to work through several years finding unobligated and unexpended funds. This presentation shows December unobligated balances in categories. Additional discussion included results of delinquent loan collections,funding of Clearance and Demolition, HUD budget year, and expression of gratitude for the form of the information provided. Mrs. Hodges again informed Council that the budget will be published by line item and a public hearing will be held February 2, 1999. COMMENTS * Councilmembers comment on various matters Councilmember Davis voiced good news for the Charlton Pollard neighborhood. He said the Weed and Seed sub-station will soon be opened and occupied by personnel of the U. S. Marshall's office, Beaumont Police personnel and County. He said it is very nice and encouraged Mr. Raymond Chaison, a resident of that area present in the meeting, to share additional information. Minutes; 1/19/99;Page 7 Mayor Moore spoke of the many celebrations held this weekend in commemoration of Martin Luther King, Jr., and said the over 15,000 people assembled for the parade in Beaumont might have broken a parade attendance record. Mayor Moore said it was excellent , and he participated in four events throughout the weekend. " Public Comment (Persons are limited to 3 minutes) Mr. Raymond Chaison addressed Council to complain that Item No.4 is a disadvantage to poor people by stopping them from moving their homes. Mr. Chaison claimed racism because only poor people have to move their homes, and he stated that most poor people are Black Americans. Mayor Moore attempted to explain the action was to repeal an old ordinance in order to enact a better one within 60 days that would allow citizens to continue moving homes based on acceptable practices. Mr. Chaison restated that he understands this to be a dictatorial-type and racist action and added comments about the Weed and Seed operation. He announced that it is not officially open, but extended an invitation to visit the new facility. Mr. Chaison said the facility is open to any Police officer, plus the Weed and Seed office. He said there is more work to be accomplished, but it is a plus for the neighborhood in every way. Councilmember Davis commended Mr. Chaison for his work with Weed and Seed, and explained to Mr. Chaison that the need for an amended ordinance regarding moving houses was brought to Council by working class citizens affected by incompatible homes transferred into their neighborhood. Councilmember Davis offered to share information with Mr. Chaison. Mr. Greg Shepherd, 7880 Stone Circle, addressed Council to share good news received by the Main Street organization. The National Main Street Center for the National Trust for Historic Preservation started a program to recognize outstanding revitalization programs. Last Thursday Beaumont was recognized as one of fifteen cities in Texas to be a National Main Street city. Mr. Shepherd discussed the criteria use for this determination, and said Beaumont will be recognized at a Main Street meeting in San Diego in April. He thanked Council and the community for their efforts, support and contribution to making this recognition possible. Mr. Shepherd distributed the annual Main Street report to Council. Mr. Brandon Gothier, 1295 South Major Drive, addressed Council on behalf of his father, about construction on Major Drive. The entrances into the businesses have been reconstructed and reduced from 100 to 20 feet widths. Mr. Gothier complained that the reconfiguration interferes with parking access and requested that it be returned to its original state or add extra space to enter the parking lot. Mr. Gothier was instructed to meet with Public Works Director Tom Warner. Ms. Georgine Guillory, 3690 South 11th Street, questioned the absence of street lighting on about five blocks on South 11 th Street after the new construction project. She said this presents a dark and dangerous situation. Ms. Guillory was told to meet with Public Works Director Tom Warner and submit specific information to him. Minutes; 1/19/99; Page 8 Mayor Moore recalled comments he previously made about last weekends celebration and the progress made and responded to comments about racism. Mayor Moore said he considers this to be far from the truth, and that Council has tried extremely hard to provide equity throughout the community through compromises wherever possible. He said that today was a perfect example of Council making a compromise in an effort to be friendly with both business and the community. Mayor Moore acknowledged that perhaps the speaker did not fully understand today's action, but stated that he wants everyone to understand that Council is not racist in practice nor dictatorial. He said they tried to work through the situation as well as possible, realizing nothing is perfect. They are as diplomatic as possible in demonstrating measures of democracy so that all will have input into the process. Mayor Moore said the accomplishments of today were a protection for individuals who might become victims of certain practices, as well as being victims housed in substandard units. Mayor Moore stated that it is important to make everyone aware that Council works very hard to resolve issues that affect our neighborhoods daily. Beaumont is on an upswing, and we want to keep the momentum going forward. Mayor Moore asked that citizens work with, not against our city. EXECUTIVE SESSION *Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Elijah Ricky Jackson *Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager There being no further business, the meeting adjourned at 2:45 p.m. CL D. l'(t�� Mayor David W. Moore Barbara Liming, City lerk Minutes;1/19/99;Page 9