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MIN SEP 29 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 29, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 29th day of September, 1992, 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 Tyrone Cooper Asst. City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Councilman Samuel. The Pledge of Allegiance was led by Councilman Goodson. -000- Two Proclamations were issued: "Domestic Violence Awareness Month, " October, 1992 ; and "National Quality Month, " October, 1992 . -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1-3 and 6-9. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 22, 1992 ; Resolution No. 92-265 appointing Bobbie Holmes to the Senior Citizens Advisory Committee for a term expiring June 30, 1993 ; and reappointing Bradna Vardiman and Marilyn Johnson for terms expiring June 30, 1994, and the Reverend Marvin Jiles for a term expiring June 30, 1993, to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect; -216- September 29, 1992 Resolution No. 92-266 accepting street and storm sewer improvements (Inverness Drive from the existing pavement on Mahogany Run approximately 708 feet south to and including a temporary cul-de-sac - Rivera Court from Inverness Drive approximately 226 feet east to and including the cul-de-sac) and water and sanitary sewer improvements (Lots 1 through 10, Block 11; Lots 1 through 9, Block 12) in Willow Creek Country Club Estates - Phase II, Section 11-B, to be maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of streetlights; Resolution No. 92-267 authorizing an agreement with Atchison, Topeka and Santa Fe Railroad Company to allow the City to clean the ditch located on their right-of-way from Municipal Drive to the Hillebrandt Bayou in an attempt to alleviate flooding problems in the Fleetwood Addition; Resolution No. 92-268 authorizing purchase of a Ford Model 345D front end loader tractor from Oil City Tractors, Inc. in the amount of $24,909. 00 for use by the Water Utilities, Water Reclamation Division, for mowing and loading material; and Resolution No. 92-269 authorizing settlement of the claim of Brenda Martin v. The City of Beaumont in the amount of $63, 000. 00. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-270 authorizing a contract for medical reinsurance (excess over $150, 000 with a maximum individual benefit of $850, 000) with Consolidated Financial Services, agent for John Alden Risk Management Services, at $4. 18 per employee and $9 .81 per month for employee dependents for an estimated premium of $122, 642 . 00 (approximately 1,218 eligible employees of which 911 have dependent coverage) was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-271 authorizing a lump sum payment to all regular full- time civilian employees equivalent to 2% of their annual base salary on October 1, 1992, exclusive of personnel covered by labor contracts, those with less than one year of employment until their anniversary date, and those out on worker's compensation or leave of absence until they return to work, was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -217- September 29, 1992 Resolution No. 92-272 approving a ten-year historical tax abatement on the Cooke-Wilson House at 2500 Ashley, formerly the Wilson Art Museum, at the request of Dr. and Mrs. Rodolfo Sotolongo and by meeting all the requirements of Article IV of Chapter 25 of the Code of Ordinances, proving to be a historically-significant site in need of tax relief to encourage preservation, was approved on a motion made by Councilman Smith and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- An Ordinance to designate property at 350 Magnolia Avenue, the former Sears, Roebuck and Company site, as a Historical-Cultural Landmark Preservation District (H-C) 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 ESTABLISHING AN H-C (HISTORICAL / CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT) FOR PROPERTY LOCATED AT 350 MAGNOLIA AVENUE AND DESCRIBED AS LOTS 5-12 , BLOCK 18, CALDER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mr. Riley reported that the applicant, Gregory Austin, president of Beaumont Realty, has renovated the property and is seeking H-C designation for tax relief. He said the Planning Commission heard the request at a public hearing on September 21, 1992, and voted 6: 0 to recommend denial to City Council; the Historical Landmark Commission conducted a public hearing on September 14, 1992, and voted to recommend denial; and City Staff recommends denial because the subject property failed to meet any of the established standards outlined in Section 30- 39 C. 3 of the Code of Ordinances regarding historical significance. Councilman Cokinos congratulated Jim Austin and his son, Gregory, for beautifully rehabilitating the former Sears building, said it was one of the first buildings built with a basement at water level and made a motion to approve designation of the property at 350 Magnolia Avenue as a Historical-Cultural Preservation District (H-C) . The motion died for lack of a second. Other Councilmembers expressed gratitude to the Austins for improving the building, confirmed criteria and equality for this designation, and stated historical significance is to be the basis for consideration of this item. -218- September 29, 1992 A motion to deny the ordinance seeking approval of designation as a Historical-Cultural Preservation District (H-C) for property at 350 Magnolia was made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Cokinos Alter Councilman Smith Councilman Goodson Councilman Samuel Councilman Moore -000- Ordinance No. 92-74 authorizing a Specific Use Permit, requested by Mr. John R. Yarbor, for operation of a state-licensed child care facility at 3590 Delaware Street, described at Tracts 3 and 5 out of Block 2 , French Addition, and zoned RM-H (Residential Multi-Family Dwelling High Density District) was considered: ORDINANCE NO. 92-74 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A CHILD CARE FACILITY FOR FIFTY (50) CHILDREN AGES 0-12 YEARS AT 3590 DELAWARE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-74 was approved with restrictions that the applicant comply with all City code requirements pertaining to landscaping and off- street parking, including implementation of Phase I (parking lot and drive) during original construction phase as specified on the site plan, on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-273 authorizing Change Order No. 3 in the amount of $30, 670.48 to the contract with Bo-Mac Contractors, Inc. for the 1991 Street Rehabilitation Program by 1. ) reconstructing Thomas Road instead of using recycled materials ($98,890. 18 increase) , 2. ) adding 3,841 square yards of pavement milling work on College Street (Goliad to Fourth at $2 .25 per yard for a total cost of $8, 642 .25) and 3 . ) decreasing the contract by $76,861. 95 to reflect quantities actually used in the construction of the project, increasing the total contract amount to $2, 100, 330.95 and authorizing final payment in the amount of $130,741.87 to Bo-Mac Contractors, Inc. was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -219- September 29, 1992 Resolution No. 92-274 authorizing purchase and installation of an outdoor marquee in the Main Street median in front of the Civic Center Complex for promotion of City events and activities from White Way Sign Company in the amount of $50,429. 00 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-275 accepting the completion of the Tyrrell Park Creative Playground and Horse Trails Project and authorizing final payment in the amount of $5,884 .90 to Premium Construction, Inc. was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-276 accepting completion of the Riverfront Park-Phase II Project and authorizing final payment, less $1, 400. 00 in liquidated damages at $100 per day for construction not completed on schedule, for a net final payment of $16,421. 00 to Watkins Construction Company was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- A Public Hearing was called to consider the twenty-nine (29) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure ordinance, Article III, Section 14-50: 1741 Herring Alley - the Reverend M. Washington, owner (23 violations) , Staff recommendation to raze within 30 days; 1970 Brooklyn - Ross C. Watts, owner (19 violations) , Staff recommendation to raze within 30 days; 1599 Madison - Hester Rose Davis, owner (16 violations) , Staff recommendation to raze within 30 days; 1427 Corley (rear) (26 violations) and 1425 Corley (front) (21 violations) - Loma Perry Estate, owner, Staff recommendation to raze both structures in 30 days; 2037 Corley - Joseph Jones, owner (21 violations) , Staff recommendation to raze within 30 days; 2910 Hebert (commercial) - Jesse Ryan, owner (13 violations) , Staff recommendation to raze within 30 days; 3075 S. 5th - Zadie Akers, owner (20 violations) , Staff recommendation to raze or repair within 30 days; 635 Mary - Alma H. Brown, owner (17 violations) , Staff recommendation to raze within 30 days; 665 Mary - Leonard L. Bruno, owner (22 violations) , Staff recommendation to raze within 30 days; 1901 Park (19 violations) and 1901 Park (rear) (17 violations) - Mark M. Brackin, III, owner, Staff recommendation to raze both structures within 30 days; 2290 Neches (garage) (12 violations) and 2290 Neches (commercial) (6 violations) - Gregory Clark, owner, Staff -220- September 29, 1992 recommendation to raze both structures within 30 days; 795 Pollard - Willie P. White, owner (17 violations) , Staff recommendation to raze within 30 days; 450 Mannino - Sergean Artwine Sylvester, owner (22 violations) , Staff recommendation to raze within 30 days; 2760 Tannis - James Bernard, owner (22 violations) , Staff recommendation to raze within 30 days; 1415 McFaddin (21 violations) and 1405 McFaddin (20 violations) - James D. Austin, owner, Staff recommendation to raze both structures within 30 days; 1595 Avenue A - Daniel W. Jordan, Jr. , owner (24 violations) , Staff recommendation to raze within 30 days; 2205 Avenue A - Edward J. Matthews, Jr. , owner (17 violations) , Staff recommendation to raze or repair within 30 days; 1860 Sarah - Robert Prados, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 3088 W. Brenham - Apples Stewart, owner (25 violations) , Staff recommendation to raze within 30 days; 1405 Cable - Mollie Bean, owner (22 violations) , Staff recommendation to raze within 30 days; 1960 Cable - John Duhon, owner (20 violations) , Staff recommendation to raze within 30 days; 1146 Forrest (24 violations) and 1156 Forrest (23 violations) - Perfect Preference, owner; Staff recommendation to raze or repair each structure within 30 days; 1064 Long - Willie M. Shelton, owner (26 violations) , Staff recommendation to raze within 30 days; and 1324 Harrison (garage) - Elvira Battle, owner (7 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 eighteen (18) 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 Community Development Division of the Administrative Services Department is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of the demolitions. 1108 Ashley, 1148 Ashley, 1156 Ashley, 1162 Ashley, 2226 Beatrice, 3670 Edmonds, 1625 Gilbert, 2845 Houston, 1395 Isla, 3645 Lorilee, 3670 Lorilee, 3940 Lydia, 3390 St. Helena (shed) , 3230 St. James, 4235-39 Sullivan, 3070 Terrell, 2424 Texas, and 5160 Wilshire. There being no one to address Council regarding these structures, the Public Hearing was closed. Ordinance No. 92-75 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: -221- September 29, 1992 Y ORDINANCE NO. 92-75 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Mr. Riley informed Council that the structures at 1148 Ashley, 1156 Ashley and 1162 Ashley have been designated by the State Preservation Society as historical properties because they are in excess of 50 years of age, and the Landmark Commission has - recommended that these structures not be demolished, but Staff is requesting their demolition due to the numerous complaints lodged by citizens living in this area of heavy drug activity. He said that since the structures have some historical significance, CDBG funds cannot be used in the demolition of these structures, but consideration is being given to the Jefferson County Work Release Program as an avenue to handle the demolition and an alternate funding source is being pursued to cover the hauling expenses. Ordinance No. 92-75 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Councilman Moore reported that the Pear Orchard Neighborhood Association had an excellent meeting last week. He said Staff provided a lot of support information, citizens are pleased with the progress that has been made, and they are continuing to develop the organization and will probably call upon Staff for more assistance. Mayor Pro Tem Alter announced that a very fun event occurred last Friday evening for the Symphony of Southeast Texas in Orange at its first full Symphony performance outside of Beaumont and was a real step forward in their attempt to becoming a regional Symphony. He said Marilyn McCoo's performance was superb. He congratulated Detective Sonny Chambers and other Police Department personnel that worked with the Texas Special Olympics this past weekend. He said there 30 were teams participating and coming from as far as Tyler. -000- Mayor Lord announced that an Executive Session will be held in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated and pending litigation: Ronald Tyler v. the City of Beaumont and Section 2 (g) regarding annual performance review of appointed officials. -222- September 29, 1992 Mr. A. J. Maggio, 3855 Empire Row, addressed Council to complain about the blockade at the entrance ramp to Interstate 10 on the feeder road near Delaware Street. Public Works Director Tom Warner explained that the ramp has been blocked off by the State Highway Department, and he is making an effort to get them to reopen the ramp and to restripe the freeway. Mr. Henry Dannenbaum, 1567 Wall Street, Apt. 1, addressed Council in support of the proposal to the Texas Department of Fish and Wildlife for the fish hatchery. -000- Mr. Riley opened discussion relative to submission of a Request for Proposals Response for a Fresh Water Fisheries Center to the Texas Parks and Wildlife Department authorized September 22 , 1992 by Resolution No. 92-261. He explained that the entire cost will be almost $12 , 000, 000 to provide for development of approximately 60 acres for the construction of the fish hatchery, museum, and other tourist attractions. The City' s share is approximately 25%--a 3 to 1 match through the Wallop-Breaux Federal Fund. The property will be donated and water, sewage and drainage improvements will satisfy part of Beaumont' s proposal to the State to locate the Center here. It has been determined that this will be a very competitive bid because of the added tourism enhancements and economic impact. Initially, after construction, there will be 15-20 permanent jobs with an annual payroll in excess of $750, 000. A draw of a minimum of 100, 000 visitors per year is anticipated. Fierce competition is expected from Tyler and Lufkin because of other incentives and their location is more centrally located among the lakes in Southeast Texas. Therefore, Mr. Riley stated that Beaumont needs to make their proposal as attractive as possible to be competitive. He said that yesterday, the Jefferson County Commissioners voted to authorize a contribution of $450, 000 to the proposal, provided the City of Beaumont matches the amount. He said this provides a unique opportunity to participate with the County to attract and compete for a very fine facility that will be one-of-a-kind in the State of Texas and should bring great significance and recognition to Beaumont. After consideration by Council to make Beaumont's proposal as competitive as possible, a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter was approved to include an offer of $450,000 toward the cost of building the Fresh Water Fisheries Center to the Request for Proposals (RFP) Response to the Texas Parks and Wildlife Department. Question: Ayes: All Nayes: None -000- There being no further business, the Regular Session of City Council was adjourned. -223- September 29, 1992 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 September 29, 1992 . Rosemarie Chiappetta City Clerk -224- September 29, 1992