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HomeMy WebLinkAboutMIN FEB 28 1989 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 28, 1989 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of February, 1989, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman-At-Large Andrew P. Cokinos Councilman-At-Large Lulu L. Smith Councilman, Ward I Michael Brumley Councilman, Ward II Audwin Samuel Mayor Pro-Tem Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Mike Bradshaw, Washington Boulevard Christian Church. The Pledge of Allegiance was led by Councilman Brumley. -000- Mayor Meyers announced there would be an Executive Session conducted in accordance with Section 2(e) of the Open Meetings Act of the State of Texas to discuss pending or contemplative litigation following the Work Session today. -000- Representatives of the Economic Council and Chamber of Commerce were introduced and Mr. Jim Stokes, President of the Chamber of Commerce, presented an Economic Development Council progress report. Mr. Stokes addressed his remarks to the Enterprise Zone as a marketing tool and emphasized the importance of attendance and participation in trade shows as a major marketing effort in working with targeted industries. Members of the Economic Council will be attending shows in Mexico City, Boston, and Philadelphia in the near future and in conjunction with Gulf States will be setting up a booth in the Toronto Plas-Tex Show in May. -000- Two Proclamations were issued: "Set A Good Example Week, " February 27 through March 5, 1989 in honor of Miss Duchess Buckley who won the Set A -46- February 28, 1989 Good Example Contest, sponsored by the Concerned Business Association of America, to acknowledge youth who influence peers through positive example in combatting drug, alcohol and violence abuse. Miss Buckley was presented the Proclamation from the City of Beaumont and a bronze medal, a Happiness Club patch, tee-shirt and cap, and a book entitled The Way to Happiness from the Concerned Business Association; and "Family Entertainment Week, " February 27 through March 5, 1989 in honor of Sesame Street being acclaimed as the highest level of entertainment in any medium for children of all ages. The Cookie Monster Sesame Street character accepted the Proclamation and presented Council with cookies. -000- Mr. Jimmy Adams, representative of the Census Bureau, reported that the 1990 census will soon begin and it is important that it be accurate in that the amount of grant monies that Beaumont receives is in direct relationship to the population. It is important that every single person in Beaumont is counted. A network meeting is scheduled at the John Gray Institute at Lamar University on March 9, 1989. Community and governmental leaders are invited to attend. -000- Citizen comment was invited on Agenda Items 4 through 10. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council in support of the Trinity Valley Baptist Association receiving the subrecipient grant for operation of an emergency shelter for the homeless. Mr. Floyd Broussard, Principal of Price Elementary School, asked to address Council on Agenda Item 4. In reviewing the content of the item, Council asked that Mr. Broussard waive his opportunity for comment until a ruling could be made by Legal Staff and Planning Department personnel regarding proper and lawful public discussion of this subject until later in the meeting. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held February 21, 1989; Resolution No. 89-34 authorizing First City National Bank - Beaumont to pledge $3,000,000. 00 in securities with the Federal Reserve Bank - Dallas/Houston Branch, effective March 1, 1989 and release $100,000. 00 in securities effective February 28, 1989; Resolution No. 89-35 appointing Chiyoko Hoffman to the Sister City Commission for a term expiring December 31, 1990, Jack Koshkin and Ed Sigee to the Beaumont Housing Authority for terms expiring February 28, -47- February 28, 1989 VW q d ' 1991, Nell Phillips to the Parks and Recreation Advisory Commission for a term expiring June 30, 1990, and W. L. Pate, Sr. to the Convention and Tourism Advisory Commission for a term expiring July 31, 1990; Resolution No. 89-36 designating Ray A. Riley, City Manager, as the person whose signature is to appear on all documents concerning Environmental Protection Agency Grant No. C-48-1254 for the construction of Sewer Improvement Projects for the City of Beaumont, effective February 20, 1989; Resolution No. 89-37 calling a public hearing on March 7, 1989, at 1: 15 p.m. to consider an application made by Eugene Arceneaux for a permit for a wrecker service to be known as Arceneaux Wrecker Service, 3140 Blanchette Street; and Resolution No. 89-38 accepting street and storm sewer improvements in Willow Creek Country Club Estates, Phase II, Section VIII, A & B, Colonial Street from back of curb on Willow Bend Drive northeastward for 752 feet and water and sanitary sewer improvements serving Lots 1 through 25, Block 13 , Lots 1 through 10, Block 14, and Lot 1, Block 15 . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Ordinance No. 89-9 granting a specific use permit for a child day care center at 2585 North Street in an area zoned R-3 (Modified Two-Family and Multiple Dwelling) on an application filed by Nancy M. Marchetti as an extension of the Punkin Patch Day School she operates at 1915 West Lucas Drive was considered: ORDINANCE NO 89-9 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHILD CARE CENTER ON PROPERTY LOCATED AT 2585 NORTH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 89-9 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 89-10 amending the zoning ordinance which would allow veterinary services for pets to be considered as an accessory use to existing kennels under specific use permits in some areas was considered: -48- February 28, 1989 wm^ e ORDINANCE NO. 89-10 AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-24(B) AND 30-33 (B) ( 27) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING VETERINARY SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 89-10 was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Mr. Riley stated that Agenda Item 3 regarding storage of rubber and plastic materials will be deferred one week and that there is a companion ordinance with Fire Prevention Code that will be presented. -000- After receiving confirmation from Mr. Murray Duren of the Planning Department that notices had not been sent to residents in the area surrounding the establishment of the applicant for a variance under Section 3-10 of the Code of Ordinances to allow off-premise sale of wine and beer at 3190 Iola and upon the advice of Legal Counsel, public comment was invited on Agenda Item 4 : Mr. Lloyd Broussard, 901 Llano, Port Neches, Principal of Price Elementary School, addressed Council in opposition to approval of a variance for the sale of alcoholic beverages at the grocery store less than 300 feet from the school. Mr. Broussard stated that a number of children walk home without adult supervision and there have been complaints of inebriates harassing children after school. Mr. Montie Morgan, 2740 Lakeview Circle, addressed Council as a concerned citizen and representative of a grassroots effort called Quality Education Beaumont to oppose the variance because of the mixed message that would be sent to young people condoning the use and abuse of alcohol and asked Council to give careful consideration to a decision. -000- Ordinance No. 89-11 granting a variance requested by Hardy Jones, Jr. from Section 3-10 of the Code of Ordinances to permit issuance of a license for the off-premises sale of beer and wine at a grocery store at 3190 Iola across the street from Price Elementary School was considered: ORDINANCE NO. 89-11 ENTITLED AN ORDINANCE GRANTING A VARIANCE TO SECTION 3-10 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ALLOW THE OFF-PREMISE SALE OF WINE AND BEER AT 3190 IOLA STREET IN BEAUMONT, TEXAS. -49- February 28 , 1989 After a lengthy discussion regarding expiration of the license, length of operation of the store, State provision for variance and necessary conditions, fairness to proprietor, footage from the school, number of children bussed to this school, concern for children and drug and alcohol abuse, and the message that might be received, Ordinance No. 89-11 was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Smith Councilman Councilman Cokinos Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 89-12 abandoning several easements dedicated as a result of alley and street abandonments in years past lying in or adjacent to Blocks 38, 39, 45, 46 and 47 of the Van Wormer Addition and part of an alley in Block 40, all in a 12-acre area, NL Industries plant site zoned HI (Heavy Industrial) , bounded by Avenue C, Cedar, Crockett and Mariposa (Orange) , requested by William J. Evon, Jr. for Baroid Management Company in order to clear the title for future development was considered: ORDINANCE NO. 89-12 ENTITLED AN ORDINANCE VACATING AND ABANDONING SEVERAL DEDICATED UTILITY EASEMENTS AND AN ALLEY RIGHT-OF-WAY IN BLOCK 40, VAN WORMER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 89-12 was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 89-39 awarding Emergency Shelter Grant and Community Development Block Grant Funds in the amount of $52,000 . 00 ( $10, 000 for essential services and $42,000 for operating expenses) to the Trinity Valley Baptist District Association (formerly under contract with New Jerusalem Mission) for the operation and maintenance of an emergency shelter for the homeless (under co-directorship of the Reverend Henry Williams and the Reverend Wallace Proctor) in a former fire station building located at 875 College Street was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 89-40 accepting Sanitary Sewer Improvements Contract 17E with Cafi Company, Inc. for a total contract cost of $1,921,140. 25 and authorizing final payment in the amount of $116,231. 63 was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: All Nayes: None -50- February 28, 1989 Resolution No. 89-41 accepting the work performed under a contract with Insituform Gulf Coast, Inc. for a 10-inch cured-in-place pipe installation in the 3400 and 3500 blocks of Crestwood Drive and make final payment for the completed total cost of $54,182.00 was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 89-42 authorizing filing of an application for assistance which would provide for sale of approximately $20,000,000 in water revenue bonds to the Texas Water Development Board for construction of improvements to the sanitary sewer system was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 89-43 accepting the engineering plan for improvements to wastewater collection and treatment facilities (construction of a pipeline which would take effluent from the sewage treatment plant to the Neches River) submitted by Schaumburg & Polk, Inc. as presented at a public hearing held February 27, 1989, whereas the City will manage the implementation of the improvements proposed upon receipt of funding and the City has or will readily obtain all necessary legal, technical, financial, institutional and managerial resources to insure construction, operation and maintenance of the proposed complete treatment works, according to the proposed scheduled was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- - public hearing was called to consider forty-six ( 46) below-listed structures inspected by the City of Beaumont' s Code Enforcement Division of the Public Safety Department and found to be in violation of Article III, Section 14-50 of Beaumont' s Dangerous Structure Ordinance: 2226 Magnolia Elton Deroune Et Ux, owner ( 17 violations) , Staff recommendation to raze within 30 days; 2228 Magnolia - Ethel Mae Chatmon Et Al, owner ( 16 violations) , Staff recommendation to raze within 30 days; 2340-50 Magnolia (rear) - Spurgeon Wallace, owner ( 13 violations) , Staff recommendation to raze or repair within 30 days; 2385 Magnolia - Daniel Ureke, owner ( 14 violations) , Staff recommendation to raze or repair within 30 days; 2385 Magnolia (rear) - Daniel Ureke, owner ( 4 violations) , Staff recommendation to raze within 30 days; 3403-05 Magnolia - Sam I . Paradice, owner ( 16 violations) , Staff recommendation to raze within 30 days; 3405 Magnolia (commercial) - Sam I . Paradice, owner ( 17 violations) , Staff recommendation to raze within 30 days; 3405 Magnolia (garage) - Sam I Paradice, owner ( 5 violations) , Staff recommendation to raze within 30 days; 2595 Texas - Delores Haynes, owner (15 violations) , Staff recommendation to raze within 30 days; 1867 Texas -51- February 28, 1989 - Dorothy Comeaux, owner ( 18 violations) , Staff recommendation to raze or repair within 30 days; 1857 Texas - Dorothy Comeaux, owner ( 20 violations) , Staff recommendation to raze within 30 days; 1530 Texas - Mollie Bean, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1580 Linson - Ella Bradley Estate, owner ( 15 violations) , Staff recommendation to raze within 30 days; 2306 Linson (rear) - Ella M. McGriff, owner ( 16 violations) , Staff recommendation to raze within 30 days; 950 Spruce - Spurgeon Wallace, owner ( 16 violations) , Staff recommendation to raze or repair within 30 days; 950 Spruce (rear) - Spurgeon Wallace, owner ( 15 violations) , Staff recommendation to raze within 30 days; 2655 Santa Fe (garage) - Oscar Jacobs, owner ( 4 violations, Staff recommendation to raze within 30 days; 2655 Santa Fe - Oscar Jacobs, owner ( 15 violations) , Staff recommendation to raze or repair within 30 days; 2655 Santa Fe (rear) - Oscar Jacobs, owner ( 5 violations) , Staff recommendation to raze within 30 days; 1935 May - Mary Gains, owner ( 18 violations) , Staff recommendation to raze or repair within 30 days; 2345 Grand - James P. Jackson Et Ux, owner ( 13 violations) , Staff recommendation to raze or repair within 30 days; 2333 Grand - James P. Jackson Et Ux, owner ( 12 violations) , Staff recommendation to raze or repair within 30 days; 2401 Forrest - Samuel E. McCauley, owner ( 16 violations) , Staff recommendation to raze or repair within 30 days; 2385 Forrest - Kenneth Avery, owner ( 16 violations) , Staff recommendation to raze or repair within 30 days; 2213 Forrest - Carrol Conner, owner ( 14 violations) , Staff recommendation to raze within 30 days; 2213 Forrest (rear) - Carrol Conner, owner ( 5 violations) , Staff recommendation to raze within 30 days; 658 Emmett - Ernest Miller, owner (18 violations) , Staff recommendation to raze within 30 days; 696 Emmett - Ernest Miller, owner ( 18 violations) , Staff recommendation to raze within 30 days; 1477 Land - Michael A. Cunningham, owner ( 18 violations) , Staff recommendation to raze within 30 days; 2625 Denver - W. H. Westmoreland, owner ( 18 violations) , Staff recommendation to raze within 30 days; 1475 Beech - Gabriel & Lottie Savoir, owners ( 22 violations) , Staff recommendation to raze within 30 days; 1825 Cottonwood - Tillie Harris, owner, ( 13 violations) , Staff recommendation to raze within 30 days; 2455 Jirou - Lorenzo Bowie, owner ( 10 violations) , Staff recommendation to raze or repair within 30 days; 2455 Jirou (rear) - Lorenzo Bowie, owner ( 5 violations) , Staff recommendation to raze within 30 days; 1450 Concord - Billy Coney, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1448 Concord - Billy Coney, owner (18 violations) , Staff recommendation to raze within 30 days; 1430 Concord - Billy Coney, owner ( 16 violations) , Staff recommendation to raze within 30 days; 2710 Cox - Theo Byrda Grant, owner ( 16 violations) , Staff recommendation to raze within 30 days; 395 Jeanette (rear) - Alton & Calice Buxton, owners ( 4 violations) , Staff recommendation to raze within 30 days; 395 Jeanette - Alton & Calice Buxton, owners ( 16 violations) , Staff recommendation to raze or repair within 30 days; 3645 West - Sam I . Paradice, owner ( 18 violations) , Staff recommendation to raze or repair within 30 days; 1366-72 Neches - Charles F. Wilson, owner ( 19 violations) , Staff recommendation to raze within 30 days; 3029 Hollywood - Clara Frank, owner ( 19 violations) , Staff recommendation to raze within 30 days; 5475 Seale Road - Albert B. Vincent, owner ( 15 violations, Staff recommendation to raze within 30 days; 902 Goliad - F. L. Bertschler Estate, c/o Nancy Currie, owner ( 10 violations) , Staff recommendation to raze within 30 days; and 405 San Jacinto - Mary -52- February 28, 1989 Moultrie, owner ( 16 violations) , Staff recommendation to raze within 30 days. Mr. Barron Wallace, 3160 Blossom Drive, addressed Council as a representative of Mr. Spurgeon Wallace, owner of 2340-50 Magnolia and 950 Spruce Street, main and rear structures, to request addition time to repair the structures. Mr. Wallace was instructed to meet with Code Enforcement personnel to institute a work program. After a discussion by Council, it was decided to change the Staff recommendation from raze within 30 days as stated in Section 3 of the proposed ordinance and place the listing under Section 2 to raze or repair within 30 days for the structure at 950 Spruce (rear) to allow Mr. Wallace to develop a work plan with the Code Enforcement Division. Ms. Nancy Currie, Executrix for the F. L. Bertschler Estate, addressed Council in behalf of the structure at 902 Goliad. Ms. Currie advised Council the property is in the process of sale and should be finalized on March 3 , 1989. The prospective purchaser, Mrs. Burkett, who resides at 912 Goliad will assume the responsibility of demolishing the structure. The ten ( 10) 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/Code Enforcement Division 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: 2443 CABLE, 663 ELM, 1405 CENTER, 1425 CENTER, 1412 CENTER, 1109 NORTH, 795 ELGIE (REAR) , 2812 PARK, 4420-30 PERSHING, AND 1037 GLADYS. There being no one else to address Council, the public hearing was closed. Ordinance No. 89-13 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners and authorizing the Public Safety Department to cause to be removed certain other structures whose owners have failed to comply with previously issued condemnation orders was considered: (Councilman Cokinos left the Council dais to speak with Ms. Currie. ) ORDINANCE NO. 89-13 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Ordinance No. 89-13 was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -53- February 28, 1989 (Councilman Cokinos returned to the Council dais. ) Councilman Moore extended an invitation to everyone to attend a S.C.U.P meeting tonight at Starlight Baptist Church to finalize plans and begin the Neighborhood Association program. Councilman Cokinos announced that the special speaker for the A & M Club tonight will be Mayor Maurice Meyers. Councilman Samuel expressed his regrets for not being able to attend these other meetings because he will be attending the Sertoma Club to recognize Deidre Ward and asked Nick Toparcean of the Code Enforcement Division to contact Ms. Diane Barnett, 2305 Fillmore, 835-6948, regarding a structure where she has witnessed drug transactions and the structure is not secure. Councilman Smith invited everyone to attend the formal reception on Thursday, March 2, between 5: 00 p.m. and 6: 30 p.m. for City Manager Ray Riley in the reception area of the Civic Center. -000- Mr. Archie Land, 435 Langham Road, addressed Council as President of the National Association of Social Workers. Their project for the year is the homeless, and they are planning an event with the Reverend Don Johnson, Executive Director of the Star of Hope Mission in Houston, as guest speaker on March 30th at the Tower Club at 12: 00 noon and invited Council to attend. Social Worker of the Year and Citizen of the Year awards will be presented. An unidentified work of New Jerusalem Mission addressed Council in opposition to Trinity Valley Baptist Association receiving grant funds for operating a shelter for the homeless stating he did not understand how New Jerusalem Mission did not comply with the requirements for the grant and questioned how they would be able to continue with the New Jerusalem program. Mayor Meyers offered appropriate Staff availability to visit with the gentleman to review the paperwork regarding the judgments made for final selection and advised him that the operation is a private judgment. Reverend C. W. Veazie, 3635 W. Euclid, 842-4779, addressed Council to state he did not have background information regarding the grant decision to Trinity Valley Baptist Association and asked that someone give him that information. Reverend Veazie was advised to consult with Finance Officer Betty Dunkerley to review the applications upon which the decision was made. Reverend Mott, Director of the New Jerusalem Mission, addressed Council to strongly express his disappointment and disagreement in not receiving the grant funds to operate the emergency shelter for the homeless. -000- -54- There being no further business, the regular City Council meeting was recessed to conduct the Workshop Session. -000- I, Barbara Liming, Deputy 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 28, 1989. Barbara Liming Deputy City Clerk -55- February 28, 1989