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MIN OCT 27 1992 m REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 27, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 27th day of October, 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 Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Doug Yates, Cornerstone Church of the Nazarene. The Pledge of Allegiance was led by Councilman Samuel. -000- - Proclamation was issued declaring "Violette Newton" a special ambassador for poetry, congratulating her for compilation of eleven (11) books of poetry and for her recent induction into the Southeast Texas Women's Hall of Fame. -000- Ms. Twana Espree, a representative from the American Heart Association, presented two plaques to the City of Beaumont. For the American Heart Walk held October 10, 1992, City of Beaumont employees won recognition for greatest company participation and for the most funds raised for the Heart Association. Ms. Espree recognized Debbie Borel, Orine Green, Arlana LeBlanc, Carol Toups, Andrea Deaton, Shanna Etie, and Kandy Daniel for recruiting over thirty (30) walkers and raising contributions of over $1, 300. 00. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items -237- October 27 , 1992 tl 1-3 and 6-8 . 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 October 13 , 1992 ; Resolution No. 92-294 authorizing Texas Commerce Bank, Beaumont to release securities (Receipt No. 36219FRC3, 9.50 GNMA Pool 248083 , $955,000; Receipt No. 36219W5P1, 9.50 GNMA Pool 261954, $1, 000, 000; and Receipt No. 36219XZQ4, 9.50 GNMA Pool 262751XSF, $1, 001,749) held at the Federal Reserve Bank of Dallas-Houston Branch effective October 27, 1992 ; Resolution No. 92-295 appointing Sam Knox to the Mayor's Committee for Employment of Disabled Persons for a term expiring June 30, 1994 ; Lora Davis to the Keep Beaumont Beautiful Commission for a term expiring September 30, 1994 ; Nereida (Neri) Sotolongo to the Convention and Tourism Advisory Committee for a term expiring September 30, 1994 ; Frank Rojas to the Senior Citizens Advisory Committee for a term expiring September 30, 1994 ; and reappointing Ricardo Ramirez, Jr. to the Senior Citizens Advisory Committee for a term expiring September 30, 1994 ; Resolution No. 92-296 authorizing a seven (7) month litter removal and grounds maintenance contract for the Central Business District (CBD) in the amount of $2 , 000. 00 per month with Yardboy Lawncare Service; Resolution No. 92-297 accepting the Street and Storm Sewer Improvements: Windsor Parkway from existing pavement in Section II approximately 355 feet west to a temporary barricade; Oxford Court from Windsor Parkway approximately 220 feet south to and including the cul-de-sac; and Water and Sanitary Sewer Improvements: Lots 12 through 15, Block 1 and Lots 13 through 18, Block 2 ; in Windsor Park - Section III for maintenance by the City contingent upon filing of the final plate, 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. 92-298 authorizing execution of a lease agreement with Agape Worship Center for 31164 square feet of satellite office space for the Health Department's Women, Infants and Children (W.I.C. ) Divisions's nutritional program in the amount of $0. 32 per square foot for a total lease price per month of $1, 412 .48 which includes utility costs in the amount of $400. 00; Resolution No. 92-299 authorizing an annual contract with Yardboy Lawncare Service in the amount of $1.90 per square foot for mowing and $2 . 00 per square foot for removing grass clippings on vacant property and an annual contract with Alamo Lawn Service in the amount of $2 .50 -238- October 27, 1992 Y per square foot for mowing and $4. 00 per square foot for removing grass clippings on developed property; Resolution No. 92-300 authorizing annual membership renewal in the Houston Area Library Automated Network (HALAN) for fiscal year 1992-93 at a cost of $22, 395. 00; Resolution No. 92-301 accepting donation of a sixteen foot (161 ) water line easement out of Lot 1, Block 4 of the Westmont Subdivision from All Saints Episcopal School; and Resolution No. 92-302 consenting to a request from Vidor Fire Chief John Paul Feely to the conversion of Orange County Rural Fire Prevention District II to Orange County Emergency Services District I to include an area within Beaumont's extraterritorial jurisdiction. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-303 authorizing an intergovernmental agreement with the Texas Water Commission and accepting a $400, 000. 00 grant to participate in the Clean Cities 2000 program to implement a pollution prevention and waste minimization program within the city, with a stipulation that the monies be used for recycling purposes and allow other interested municipalities to view the City's recycling operations and programs, was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 92-304 authorizing the City to allow any taxes or fees imposed by State or Federal authorities on the collection, removal or disposal of solid waste to be billed pro rata to the customer was approved on a motion made by Councilman Smith and seconded by Councilman Moore after a brief discussion and emphasis by Councilman Moore that the City would not keep any of the additional fees, but would only channel them to the proper State of Federal authority. Question: Ayes: All Nayes: None -000- Resolution No. 92-305 supporting passage of legislation in the Texas Legislature which would allow home rule municipalities to regulate consumption of alcoholic beverages in public places within designated portions of a city was approved on a motion made by Councilman Smith and -239- October 27, 1992 m seconded by Mayor Pro Tem. Alter. Question: Ayes: All Nayes: None -000- An Ordinance to rezone the property at 2990 South Major Drive from RS (Residential Single-Family Dwelling) to NC (Neighborhood Commercial District) at the request of JoLynne Wilson in order to operate a beauty salon from her home 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 NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON A 75 ' X 161 ' LOT AND RESIDENCE LOCATED IN THE SOUTH AMELIA ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Staff recommended denial of this ordinance based on the result of spot zoning, creating an improper zone district transition and violation of the Comprehensive Plan regarding locating commercial uses in neighborhood growth units, and the Planning Commission at a Joint Public Hearing voted 9: 0 to deny the request. The Ordinances was denied on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No 92-76 rezoning a 1.27 acre tract of land located at the northwest corner of State Highway 105 and Caswell Road (fronting 225 ' along Highway 105 and 246 ' on Caswell) described as Tr. 168, Plat RS-4, W. B. Dyches Survey, from RS (Residential Single-Family Dwelling) to GC- MD (General Commercial-Multiple Family Dwelling) , at the request of Mrs. Connie Scritchfield in order to allow the property to be commercially developed, with a City Staff and Planning Commission recommendation for approval was considered. -240- October 27, 1992 e ORDINANCE NO. 92-76 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 GC - MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) ON PROPERTY DESCRIBED AS A 1.27 ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF SH - 105 AND CASWELL ROAD, IN THE WESLEY B. DYCHES SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Goodson confirmed with Planning Director Kirt Anderson that the property north of the tract requesting rezoning today was previously zoned GC-MD and this tract remained RS because of an existing residence. Ordinance No. 92-76 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-306 readopting the Uniform Tax Abatement Policy for a two-year period with definitions for "Base Year Value" and "Taxable Value" added within Section E(7) to clarify interpretation of the policy was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-307 authorizing a two-year contract with Texas Industrial Contractors, Inc. for janitorial services for City Hall, the Police/Municipal Court building, the Beaumont Public Library and the Tyrrell Historical Library in the amount of $10,966.88 per month ($0.92/sq. ft. , an annual amount of $131, 602. 56) was introduced. Councilmen Moore and Samuel questioned loss of jobs and impact on employees. Mr. Riley reported that permanent employees would have opportunity for reassignment to the Parks and Recreation Department or the Health Department at their present salary. Resolution No. 92-307 was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -241- October 27, 1992 k Resolution No. 92-308 authorizing an annual contract for low and mid- range octane gasoline and diesel fuel with Major Brand Oil (MBO) , Inc. at: plus $.0042 for transport loads and plus $. 0049 for tankwagon loads of unleaded 87 octane gasoline--transport loads n/a and plus $. 0449 for tankwagon loads of unleaded 89 octane gasoline--and plus $. 0059 for transport loads and plus $. 059 for tankwagon loads of diesel above O.P.I.S. posted average/gallon prices for a total cost of $8,816.40 for estimated quantities was considered. Councilman Cokinos said that an article printed in the August 21, 1992 issue of the Houston Post reported fuel tax frauds and indictments by the Travis County Grand Jury of Tom Massey, owner of Major Brand Oil, one of seven (7) defendants for a total of $450, 000. 00. He questioned performance bonds and City protection. City Attorney Nichols explained that the City is protected because the gasoline can be tested at receipt of shipment and accept or refuse the product and not make payment if it fails to meet criteria. He said that a tax problem would concern the State, and the City bears no liability. After further discussion, Councilman Cokinos made a motion to deny this proposal and re-bid the item. The motion died for lack of a second. Resolution No. 92-308 was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Cokinos Alter Councilman Smith Councilman Goodson Councilman Samuel Councilman Moore -000- Mayor Lord announced that an Executive Session will be held following the Regular Session of City Council in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: Janet Jones v. the City of Beaumont and Wanda Kaluzny v. the City of Beaumont. -000- A Public Hearing was called to consider the twenty-five (25) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3245 Chaison (garage apt. ) - Sandra Firmin, owner (21 violations) , Staff recommendation to raze within 30 days; 1255 Harriot (22 violations) and 1255 Harriot (garage apt.) - (18 violations) C. A. Wyatt, owner, Staff recommendation to raze both structures within 30 days; 2950 Edmonds - -242- October 27, 1992 e Pam Harris, owner (18 violations) , Staff recommendation to raze within 30 days; 2060 Hegele - Jim Charles, owner (23 violations) , Staff recommendation to raze within 30 days; 2440 Hegele - Brook C. Haney, owner (18 violations) , Staff recommendation to raze within 30 days; 2445 Hegele - Virline Coleman, owner (20 violations) , Staff recommendation to raze within 30 days; 732 Trinity - Dr. Herbert Joseph, Jr. , owner (19 violations) , Staff recommendation to raze within 30 days; 1130 Van Buren - Sedalia L. Spencer, owner (19 violations) , Staff recommendation to raze within 30 days; 1142-44 Vermont - David Eckley, owner (17 violations) , Staff recommendation to raze within 30 days; 5870 Tyrrell Park - Jerri Wallace, owner (19 violations) , Staff recommendation to raze within 30 days; 2295 Orange (garage apt.) - John A. Galvan, Jr. , owner (16 violations) , Staff recommendation to raze within 30 days; 695 Irma (rear) - Anthony D. Bazan, owner (12 violations) , Staff recommendation to raze within 30 days; 2424 Victoria (garage apt. ) - J. E. Wells, owner (25 violations) , Staff recommendation to raze within 30 days; 255 E. Threadneedle - Jefferson County Sheriff Sale 11-5-91, owner (21 violations) , Staff recommendation to raze within 30 days; 2265 Southerland - Emma L. Nelson, owner (23 violations) , Staff recommendation to raze within 30 days; 2105 Rusk - Lola Adams, owner (12 violations) , Staff recommendation to raze within 30 days; 2448 Texas (24 violations) , 2455 Texas (23 violations) , 2473 Texas (21 violations) - Mollie Bean, owner of all three structures, Staff recommendation to raze each structure within 30 days; 3349 Grand - Paul Hayes, owner (20 violations) , Staff recommendation to raze within 30 days; 640 Lethia - Edward Durant c/o Eddie Durant Boutte, owner (22 violations) , Staff recommendation to raze within 30 days; 3475 West - Adam Coward, owner (21 violations) , Staff recommendation to raze within 30 days; 3338 West (22 violations) and 3338 West (garage) (8 violations) - L. J. Francis ET UX, owner of both structures, Staff recommendation to raze each structure 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 sixteen (16) 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 demolition. 2460-62 Euclid, 2085 Dexter, 1480 E. Gill, 2125 W. Gill, 3795 Goliad, 837-39 Jefferson (rear) , 1157 Liberty (shed), 1157 Liberty (rear), 325 E. Lucas, 325 E. Lucas (shed) , 1197 Miller, 2801 Pine (commercial) , 1640 Tilson (front) . 1640 Tilson (garage apt. ) , 1640 Tilson (shed) , and 540- -243- October 27, 1992 4 40 1/2 Schwarner. On behalf of the owner of the structures at 325 E. Lucas, Councilman Moore requested additional time for demolition of the two structures by the owner. There being no property owners to address Council regarding these structures, the Public Hearing was closed. Ordinance No. 92-77 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 92-77 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Ordinance No. 92-77 was amended as presented by deleting the structures at 325 E. Lucas from Section 3, and approved on a motion by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Mayor Lord enumerated the many activities of in the community this past week, including the Moving Wall brought to Beaumont by the Vietnam Veterans and a very moving ceremony on Saturday morning, the Red Ribbon Kickoff for a drug-free community, the convention of the Power Squadron, and St. Jude's groundbreaking for a new educational building. Mayor Pro Tem Alter commented that he was out of town this week-end in Wichita, Kansas and drove many miles and complimented Texas State Highways as being better than the three states in which he traveled. Councilman Moore said he enjoyed the Chamber of Commerce' Annual Dinner last night, especially the good speaker (Mayor Lord) who addressed community needs and issues in an entertaining, but sincere manner that left an impression on the audience. Councilman Moore also commented on the number of new buildings under construction that will have an economic impact on Beaumont. Councilman Goodson added his appreciation to the Vietnam Veterans for bringing the Moving Wall (a replica of the Vietnam Memorial in Washington D.C) and said it was quite a moving experience. He thanked the Texas Air Control Board and Triple A for the program regarding clean air and auto emissions at Parkdale Mall last week. -244- October 27, 1992 Mr. Eric Wilson, 2990 South Major Drive, addressed Council to express disappointment in denial of the zone change to allow his wife to operate a beauty salon from their home. Council invited Mr. Wilson to visit the Planning Department to learn more about zoning regulations and to inform him that a rezoning study has been ordered for that area and something may come up after the study that would allow another opportunity to come before the Planning Commission. Staff explained the criteria, procedures and guidelines used in consideration of rezoning requests. The Reverend Leday, operator of a business at 1445 Lindbergh, again requested that a Citizen Review Board of the Police Department be established, commented on the visit of Congressman Jack Brooks and the Reverend Jesse Jackson to Beaumont, recent neighborhood school decisions, read from Article XVII, Section 9 of the City Charge titled OFFICERS OR EMPLOYEES NOT TO HAVE FINANCIAL INTEREST IN ANY CONTRACT OF THE CITY, and said he has received information of such occurrences. Mr. Jeff Gant, 1808 Fairbanks, on behalf of the Eagles' Lodge at 1312 Franklin Street, addressed Council to request exemption of the 2% Bingo Tax received by the City. Mr. Gant was directed to discuss the subject with the Legal Department to address the City's role and State jurisdiction and regulation. Mrs. Dorothy Gray, 4250 Buffalo, addressed Council to request signs be placed in her neighborhood cautioning vehicle drivers to be aware of children playing. She cited the recent incident of Andrew Allen, a victim of a hit-and-run driver. Mayor Lord expressed her regrets for this incident and directed requests for signs be made to the Public Works Department. Ms. Cynthia LaSalle, 4215 Galveston, addressed Council to complain about no response to requests for neighborhood signs since 1991, relayed that the stop sign at Galveston and Buffalo is not observed, said that Andrew Allen was hit by a vehicle driven by a lady that ran the stop sign and since then parents in the neighborhood have erected signs asking drivers to be aware of children, and asked for assistance from the City, even if it means Police visibility. Councilman Moore commented that if drivers are running the stop sign, the signs alone may not be the key factor to solving the problem, and perhaps some level of Police enforcement is needed to handle the problem. Mayor Lord concurred that running red lights and stop signs is an attitudinal problem of many citizens and a lot of changes need to be made. Mr. Mike Allen, 4479 Galveston, father of Andrew, addressed Council to add that a bicycle awareness effort needs to be initiated because of lack of respect by automobile drivers and said his son has regained consciousness and is better. Marilyn Dumas addressed Council to asked for more City involvement in their neighborhood problems; she said there have been gun shots in the -245- October 27, 1992 neighborhood, and there are no parks or sidewalks where children can safely play. Mayor Pro Tem Alter encouraged organization of a Neighborhood Association. Mrs. Noveli Cagle, 1820 Turon, addressed Council to complain about high grass at 535 Schwarner, about a partially burned vacant house across the street (540 Schwarner) where she said dope addicts congregate, expressed concern about the physical safety for residents and requested additional lighting in the neighborhood. Staff reported that the structure at 540 Schwarner is on today's list for demolition, and Councilman Moore encouraged Mrs. Cagle to call him when necessary, assured her that her neighborhood is not forgotten and reported that about fifty (50) additional street lights have been installed in Ward IV during the last three months and that he would like to visit with Mrs. Cagle to better understand her problem. Mr. Lewis Vaughn, 2435 Ranier, addressed Council to ask that abatement charges for his property be removed because proper notification procedures established by the City were not followed. The City Manager instructed Mr. Vaughn to submit the paperwork to Mr. Baker who will respond to his complaint. Also, Mr. Vaughn complained that because their present equipment does not fit, City personnel will no longer flush debris from gutters as promised by Council several years ago, when citizens requested curbs and gutters be installed and a tax assessed for payment. Councilman Moore explained that curbs and gutters were not the basic problem then, and an assessment would not have helped. Gutters were cleaned to help the flow of water. Drainage of the street caused the problem, and streets in that area are currently on the list for repair. Mr. Vaughn alleged discrimination in addressing community needs, complimented Public Works Director Tom Warner for the work on Eleventh Street between Washington Boulevard and Fannett Road. Councilman Moore assured Mr. Vaughn that as an elected official, he listens to citizen needs and that he does not feel this Council gives preferential consideration, said he appreciates knowing about any citizen problems so that a solution can be sought and told Mr. Vaughn that one of the main points of focus of the Pear Orchard Neighborhood Association was the street improvement he spoke about. He said they brought the problem to the attention of the Public Works Department and they addressed it. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council on various subjects of interest to him. Ms. Verma Castle, 197 East Caldwood, addressed Council to suggest that some kind of citizen program might be initiated where violators would receive letters from the City informing them they were observed by a citizen running a red light or stop sign. Mrs. Joanne Wilson, 2990 South Major Drive, addressed Council for clarification of spot zoning and was referred to Staff for a full explanation. -246- October 27, 1992 There being no further business, the Regular Session of City Council was recessed to reconvene in Executive 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 October 27, 1992 . Rosemarie Chiappetta City Clerk -247- October 27, 1992