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MIN FEB 04 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 4, 1992 - 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 February, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor Lulu L. Smith Mayor Pro Tem Councilman, Ward I Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large 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 Roger Jones, pastor of Greater Saint Paul Baptist Church. The Pledge of Allegiance was led by Mrs. Evelyn Cousins. -000- Four Proclamations were issued: "American History Month, " February, 1992 ; "Weatherschool Month, " February, 1992 (KBMT - Channel 12 's Weather School program jointly sponsored with Mobil Oil Corporation, Saint Elizabeth Hospital and GMC dealers) ; "Love Lamar Week, " February 7-14, 1992 ; and "Black History Month, " February, 1992 . -000- Citizen comment was invited on the Consent Agenda and Main Agenda Item No. 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 January 28, 1992 ; -30- February 4, 1992 Resolution No. 92-34 appointing Katie Lane Duff to the Parks and Recreation Advisory Commission for a term expiring June 30, 1993 and Tommie Budd to the Senior Citizens Advisory Commission for a term expiring September 30, 1993 ; Resolution No. 92-35 authorizing full and final settlement of a claim in the amount of $37, 000. 00 brought against the City by Geraldine Berry as the result of a collision with a City vehicle driven by Michael Jones on March 2 , 1990, at the intersection of Delaware and Helena Street; Resolution No. 92-36 authorizing all necessary actions to collect delinquent payments owed to the City by Southwestern Bell Telephone Company under its franchise agreements and insure full compliance in the future; Resolution No. 92-37 authorizing Change Order No. 1 in the amount of $5,500.00 to the contract with Bridle Bit Construction Co. for providing installation of vinyl siding on the north, south and east upper level areas of the Harvest Club on Fair Park, increasing the total contract to $39, 445. 00; Resolution No. 92-38 designating Ray A. Riley, City Manager, Sterling R. Pruitt, Assistant City Manager, and Kandy Daniel, Treasurer, as authorized signatories for banking and investment purposes, effective February 10, 1992, with two of the three signatures required on any item; Resolution No. 92-39 designating Rogers K. Coleman, Ross B. Snyder, Ray A. Riley, Sterling R. Pruitt and Kandy Daniel as signatories for the Blue Cross Insurance Account #050-07003908 with two signatures required on any item and designating Billy D. Lindsey, Ray A. Riley, Sterling R. Pruitt and Kandy Daniel as signatories for the Greentree Insurance Account #050-00782045 with one signature required for each item; and Resolution No. 92-40 authorizing Kandy Daniel, Treasurer, Michaele Lafferty, Deputy Treasurer, Sterling R. Pruitt, Assistant City Manager, and Ray A. Riley, City Manager, to request electronic transfers of City funds on deposit with Texas Commerce Bank of Beaumont. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Smith Councilman Cokinos Councilman Alter Councilman Goodson Abstention: Councilman Samuel -31- February 4, 1992 Ordinance No. 92-8 authorizing a Specific Use Permit, requested by Regis M. Hallisey, General Manager of the Plank Company, for an equipment sales, rental and service business on a 1.7 acre tract at 2090 W. Cardinal Drive in an area zoned GC-MD (General Commercial--Multiple Dwelling) was considered: ORDINANCE NO. 92-8 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR THE PLANK COMPANY TO RENT, SELL, AND SERVICE HEAVY CONSTRUCTION EQUIPMENT, MACHINES, INSTRUMENTS AND VEHICLES AT 2090 WEST CARDINAL DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-8 was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 92-9 authorizing a zoning change from RM-H (Residential Multiple Family -- Highest Density) to RCR (Residential Conservation and Revitalization) for about 4 . 64 acres at 2600 Girolamo Street (A. Williams Survey, Abstract 385; Lots 20 and 21, Block 1, Oil Mill Addition; Lots 1 and 2 and 11-14, Block 2, Lots 4-7, Block 3, Johnson and Girolamo Addition; and the south 200 feet of Girolamo Street) at the request of P.N.M. Corporation was considered: ORDINANCE NO. 92-9 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 RM-H (RESIDENTIAL MULTIPLE-FAMILY - HIGHEST DENSITY) TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) ON PROPERTY LOCATED AT 2600 GIROLAMO STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Samuel commented that at the Public Hearing, the zoning change was questioned and viewed by some as downgrading the quality of the neighborhood. Councilman Samuel expressed a desire that because there are not many residents in attendance at today's meeting, that the media attempt to convey to the public that the zone change is not downgrading the neighborhood, but has the opposite effect by allowing -32- February 4, 1992 for more positive changes in the neighborhood and should enhance the esthetics of the community and quality of services that can be provided. Ordinance No. 92-9 was approved on a motion made by Councilman Samuel and seconded by Councilman Alter. Question: Ayes: Mayor Pro Tem Nayes: None Smith Councilman Cokinos Councilman Alter Councilman Goodson Councilman Samuel Abstention: Mayor Lord -000- Ordinance No. 92-10 authorizing a Specific Use Permit at the request of P.N.M. Corporation for a private vocational training center in the former Booker T. Washington Elementary School building at 2800 Girolamo Street in an area zoned RCR (Residential Conservation and Revitalization) was considered: ORDINANCE NO. 92-10 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF A PRIVATELY OPERATED VOCATIONAL TRAINING CENTER FOR AUTOMOTIVE MECHANICS ON PROPERTY LOCATED AT 2600 GIROLAMO STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-10 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Smith. Question: Ayes: Mayor Pro Tem Nayes: None Smith Councilman Cokinos Councilman Alter Councilman Goodson Councilman Samuel Abstention: Mayor Lord -000- An ordinance authorizing a zoning change to A-R (Agricultural- Residential) requested by Thomas Carraway for the south 4 .2 acres of Lot 3, Block 7 of Wescalder Fig Acres Addition, in the 2200 Block of South Major Drive, to establish a bee keeping, honey-production facility, with -33- February 4, 1992 a 7-0 recommendation from the Planning Commission for denial, was considered: 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 CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO A-R (AGRICULTURAL - RESIDENTIAL) ON PROPERTY DESCRIBED AS THE SOUTH 4.2 ACRES OF LOT 3, BLOCK 7, WESCALDER FIG ACRES, 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 Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-11 authorizing abandonment of a 5-by-30-foot guy wire easement at 3970 Cheryl Lane, described as Lot 10, Block 1, Westhaven Terrace Addition, D. Easley Survey, requested by John Blackwell was considered: ORDINANCE NO. 92-11 ENTITLED AN ORDINANCE ABANDONING A DEDICATED 5 FOOT X 30 FOOT GUY WIRE EASEMENT LOCATED AT THE REAR OF LOT 10, BLOCK 1, WESTHAVEN TERRACE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-11 was approved on a motion made by Councilman Alter and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-41 authorizing Change Order No. 1 to the contract with E. R. Dupuis Concrete Company in the amount of $10,400. 00 to provide for removal of underground obstructions encountered in the course of excavation ($600 for removal of about 215 feet of foundation wall; , $7, 200 for 720 cubic yards of excavation in area of trolley tracks; $1,800 for 200 cubic yards of backfill) and the addition of a water line for a sprinkler system ($800) for the Crockett Street Parking Plaza -34- February 4, 1992 increasing the total contract to $135, 612 .20 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- A Public Hearing was called to consider the forty-three (43) below listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 434-36 E. LaSalle - Flora Jackson c/o Millie Bean, owner (22 violations) , Staff recommendation to raze within 30 days; 3320 Cleveland - Louis Hunter, owner (22 violations) , Staff recommendation to raze within 30 days; 2509 Cable and 2509 Cable (rear) - James Oscar Wise, owner (22 violations each structure) , Staff recommendation to raze each structure within 30 days; 2693 Magnolia - Earl Diggles, owner (19 violations) , Staff recommendation to raze within 30 days; 1725 Cottonwood - American Savings & Loan Assoc. of Brazoria Co. , owner (22 violations) , Staff recommendation to raze within 30 days; 855 Caldwell (garage) - Corrine Edwards, owner (8 violations) , Staff recommendation to raze within 30 days; 818 Catalpa - Evelyn Maxon, owner (16 violations) , Staff recommendation to raze within 30 days; 1390 Grand (commercial) - N. LaRocca, owner (21 violations) , Staff recommendation to raze within 30 days; 1595 Grand - Earline Walton Lowery, owner (22 violations) , Staff recommendation to raze within 30 days; 2106 Plum - Odessa Fields, owner (20 violations) , Staff recommendation to raze within 30 days; 1162 Ashley - Charles E. Jones, owner (10 violations) , Staff recommendation to raze within 30 days; 1308-10 Harrison - Program for Human Services c/o Bob Stone, owner (21 violations) , Staff recommendation to raze within 30 days; 1445 Broadway (garage apartment) - Bruce Robert Ibach, owner (21 violations) , Staff recommendation to raze within 30 days; 1157 Liberty (21 violations) , Staff recommendation to raze within 30 days, 1157 Liberty (rear) (8 violations) , Staff recommendation to raze within 30 days, and 1157 Liberty (shed) (8 violations) , Staff recommendation to raze or repair within 30 days - Lee Thibodeaux, owner of all three structures; 3112 Brenham - Carrie Taylor Estate c/o Earl B. Beasle, Sr. , owner (22 violations) , Staff recommendation to raze within 30 days; 1620 Glendale - T. G. Couch, owner (18 violations) , Staff recommendation to raze within 30 days; 1495 Avalon and 1495 Avalon (_garage) - Ellis Matthews, Jr. , owner (22 violations each) , Staff recommendation to raze each structure within 30 days; 2240 Jacobs - Sidney Wright, owner (20 violations) , Staff recommendation to raze within 30 days; 2064 1/2 Jacobs - Ed Melonson c/o Ruby Gilmore, owner (17 violations) , Staff recommendation to raze within 30 days; 2267 St. Anthony - Bobby Barlow, owner (20 violations) , Staff recommendation to raze within 30 days; 2110 Lela (shed) - Fannie Minter, owner (7 violations) , Staff recommendation to raze within 30 days; 1962 Southerland - Elnetha Rigmaiden, owner (17 violations) , Staff recommendation to raze within 30 days; 2060-62 Euclid - Mabel Harper, owner (20 violations) , Staff recommendation to raze within 30 days; 2464 -35- February 4, 1992 Harriot - Alvin G. Randolph, owner (21 violations) , Staff recommendation to raze within 30 days; 4513 Kenneth - Marie Villiva, owner (19 violations) , Staff recommendation to raze or repair within 30 days; 996 Harriot - Abram Miles, Jr. , owner (19 violations) , Staff recommendation to raze within 30 days; 985 Harriot - Sheila R. Jackson, owner (16 violations) , Staff recommendation to raze or repair within 30 days; 1232 Euclid - Geraldine Holt, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 1232 Euclid (shed) - Geraldine Holt, owner (15 violations) , Staff recommendation to raze within 30 days; 1254 Euclid (shed) - Ernest A. Wood, owner (8 violations) , Staff recommendation to raze within 30 days; 1135 Bolivar - Program for Human Services c/o Bob Stone, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 2284-86 Blanchette (garage) - John and Frankie DeYoung, owners (6 violations) , Staff recommendation to raze within 30 days; 2672 Blanchette - Lovie Simpson, owner (20 violations) , Staff recommendation to raze within 30 days; 1320 Orange - Yvonne Bryon, owner (18 violations) , Staff recommendation to raze within 30 days; 660 Sherman (20 violations) and 660 Sherman (shed) (8 violations) , Chris Bardwell, owner, Staff recommendation to raze each structure within 30 days; 2035 Poplar (apt. in rear) - Dave Guidry, owner (18 violations) , Staff recommendation to raze within 30 days; 2365 Poplar - Louis Mark, owner (18 violations) , Staff recommendation to raze within 30 days; and 1097 Lee - Deloris Woods and Genia Roseman, owners (21 violations) , Staff recommendation to raze within 30 days. These parcels of property have been inspected, are vacant, and found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notices have been sent to owners by Certified Mail and published in the Beaumont Enterprise. The twenty-three (23) structures listed below have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed non-compliance with the Council 's order. The Public Safety Department is requesting authorization from City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition. 1139 Ashley, 2398 Avenue A, 1012 Avenue B, 4481 Ector (garage), 3025 Glenwood, 965 Grant, 1256 Harriot, 1054 Harrison, 4135 Highland (garage apartment) , 4211 Highland (garage apartment) , 1860 Irving (commercial) , 1190 Lamar, 1106 Long, 1353-57 Louisiana, 2329 E. Lucas, 2095 Magnolia, 150 Orange, 160 Orange, 170 Orange, 1576 Pipkin (garage), 2210 Potts, 915 Schwarner, and 2195 Terrell (shed) . Mr. Bob Stone, 1075 Palermo Drive, an employee of Programs for Human Services, addressed Council to request that the structures at 1308-1310 Harrison and 1135 Bolivar not be considered for demolition. Mr. Stone said the Program for Human Services intends to donate the property at 1308-1310 Harrison to the City of Beaumont for use Police Department use -36- February 4, 1992 and desires to rehabilitate the property at 1135 Bolivar to be used for a low-to-moderate income residence. Mr. Abram Miles, Jr. , P. O. Box 773, Silsbee, addressed Council regarding the residence at 996 Harriot to request additional time for rehabilitation of the structure because of family illness and finances. Mr. Miles was instructed to establish a work program with the Building Codes Division. The being no one else to address Council, the Public Hearing was closed. -000- Ordinance No. 92-12 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 92-12 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. As requested, the structures at a 996 Harriot and 1308-1310 Harrison were removed from Section 3 of the ordinance ordering demolition and placed in Section 2 providing for demolition or repair by obtaining a permit and establishment of a work plan. Ordinance No. 92-12 was approved on a motion made by Councilman Alter and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Mayor Lord questioned status of a dilapidated structure on Brandon Street in the demolition process, asked if a reply has been received regarding possible historical designation of the structure and explained that any structure over fifty years old goes through this circuitous route of state historical review. Mayor Lord suggested that another financing method for demolition be implemented in these cases because these houses become eyesores to the neighborhood and permit opportunity for them to become crack houses and to harbor crime -000- Mayor Lord announced that an Executive Session will be conducted following Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss pending or contemplated litigation: Etta -37- February 4, 1992 Pearl Lewis vs. the City of Beaumont, Kelvin Moulton vs. the City of Beaumont, and Darnell Pinell, II vs. the City of Beaumont. -000- Councilman Goodson acknowledged citizens in the audience that attended the Planning Commission meeting last week and expressed a desire that Council resolved their problem. Councilman Alter congratulated the Solid Waste Department for launching the recycling program on February 3rd, and said by the number of calls already received, their should be good citizen participation. Mayor Lord announced that the Youth Commission from all four high schools joined together last Saturday to weatherize twelve homes for people needing their assistance. -000- Ms. Jessie Cooper, 446 Georgetown, addressed Council to inquire how residents of townhomes using a private collection agency could participate in the recycling program. Mr. Riley said provision is made for the Homeowners Association to contract with the City of Beaumont for collection of recyclable items and assess the same charges as other residential customers. Ms. Cooper was advised there are public dropoff receptacles at Wal-Mart. Mr. Riley said that Carol Matthews Williams, the recycling coordinator, will make the appropriate contacts and inform Ms. Cooper of other locations that will be established by the City. Mrs. Marie Ferguson, 220 South Major Drive, addressed Council to express appreciation to Council for denial of the zoning change request on Agenda Item No. 4 in order to establish a bee keeping, honey-production facility in a Residential Single Family zone. Mr. Charles Daleo, 1014 Park Meadow, representing Daleo Pharmacy, addressed Council to complain that according to a telephone call he received from Southeast Texas Independent Pharmacy Providers, Script Care, Inc. , administrator of the City of Beaumont's employee prescription program, would only allow Daleo Pharmacy to participate in the City's prescription program if they joined Southeast Texas Independent Pharmacy Providers and paid back dues for four years. Mr. Daleo said Script-Care and Southeast Texas Pharmacy Providers are two separate entities, and that Walgreen Pharmacy, a chain pharmacy, and pharmacies in other cities have been allowed to participate without membership. Mr. Daleo said Script Care is charging Walgreens and other pharmacies a per-claim fee and questioned why Daleo Pharmacy cannot participate under the same terms. Mr. Riley said Staff will investigate and explained that participation should not be based on membership with Southeast Texas Independent Pharmacy Providers, only with the City of Beaumont being the provider. -38- February 4, 1992 Mr. Kevin Laird, 2431 Liberty, lessee of property located at 5855 Martin Luther King (formerly the South Park Drive-In) for operation of Spindletop Speedway, a go-cart track, addressed Council for assistance. Mr. Laird told Council that he had obtained proper permits for the rehabilitation of the old snack bar and restroom areas and work was progressing to bring them into compliance with City codes. He also mentioned other structures that were previously declared dilapidated structures and are under contract for demolition--among them the old marquee. He said that the now-retired Chief Building Codes Official, Stanley Kidd, had agreed that the marquee is structurally sound and could remain. The rust has been removed and repainted with the new business sign. Mr. Laird said apparently the sign was not removed from the process and has been included in the contract for demolition of the dangerous structures. Mr. Laird requested inspection of the sign's present condition for removal from the demolition contract. The City Manager told Council the matter could be handled administratively. Mr. Bob Stone, 1075 Palermo Drive, addressed Council on behalf of Programs for Human Services with good news. Mr. Stone said "Programs for Human Services is a non-profit agency. It has been in business for approximately 15 years. " They have offices in Beaumont, Port Arthur, Silsbee, Kirbyville and the main office in Orange, and have a mission to assist citizens in this geographic area with a need for social services, including: child abuse, neglect prevention, job-search assistance, commodity food distribution and housing. Mr. Stone said, "Sometime back I came before you and laid out a plan for houses for families who would have very little chance of ever owning their own home--the plan to get the houses off the demolishing list and then get the owners to donate the property to PHS. PHS then in return would rehab these homes and sell them back to low and moderate income families. " He said the plan is working. "Before the end of this week, the carpet will go down, and we have our first house. " Mr. Stone thanked Mr. M. T. Alter for donating the property, the City of Beaumont for their assistance, the vendors who donated and discounted material, the Jefferson County Restitution Center for providing labor. He said the structure is located at 1338 Hale Street, and that at the beginning of the project, "everyone stated that this house could not be repaired, because it had gone too far. We're here to tell you today, that the little house that couldn't is now the house that can! " Mr. Stone said the Staff in the Housing Division is in the process of looking for a needy family to live in a place they can afford. When the family is found, Mr. Stone said PHS will process the paperwork and establish a payment plan. He said they have several other houses, and there will be others available for this program. Council thanked Mr. Stone and PHS for their efforts and questioned actual costs of rehabilitation. Mr. Stone replied that with donations of the property, materials, and labor, actual out of pocket expenses were about $2,500. 00. -39- February 4, 1992 Mr. Henry Dannenbaum, 1567 Wall Street, again addressed Council on various topics. -000- There being no other business, the Regular Session of City Council was adjourned 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 February 4, 1992. Rosemarie Chiappetta City Clerk -40- February 4, 1992