Loading...
HomeMy WebLinkAboutMIN APR 25 1989 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 25, 1989 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 25th day of April, 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 Mike 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 Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Robin McConathy, Wesley United Methodist Church. The Pledge of Allegiance was led by ten ( 10) students from All Saint' s Episcopal School. -000- Mayor Meyers complimented the Reverend McConathy, a recovering leukemia victim, for hosting a successful cancer benefit recently at his church. -000- Ms. Pat Henderson, President of Tyrrell Park Coalition and Chairman of Tyrrell Park Alive 189, distributed fliers promoting Tyrrell Park Alive 189 activities on Saturday, April 29th and encouraged everyone to participate in a day of fun. Many activities have been planned including a parade, golf tournament, media softball tournament, family run, arts and crafts show, Blue Grass Festival, family bicycle ride, horse shows, garden tours, a musical presentation by 80 students at Cathedral in the Pines, antique and sports cars show, children' s activities, clowns and door prizes. Proceeds will go toward the restoration of Tyrrell Park, especially a children' s creative playground and existing RV parks. -000- Five Proclamations were issued: "Keep Beaumont Beautiful Week, " April 23-29, 1989; "Walkamerica Day, " April 29, 1989; "Consumers Week, " April -95- April 25, 1989 23-29, 1989; "Founders Week, " (in honor of Beta Sigma Phi) April 24-30; "Professional Secretaries Week, " April 23-29, 1989 and designating April 26, 1989 as "Professional Secretaries Day; " and "Western Week," May 1-7, 1989 and proclaiming May 4-6, 1989 as "YMBL Rodeo Days. " -000- Public comment was invited on Consent Agenda and Main Agenda Items 6 through 9. No one wished to address Council on these items. -000- The following Consent Agenda were considered: Approval of the Minutes of the regular City Council session held April 18 , 1989; Resolution No. 89-90 authorizing a License to Encroach Agreement with Richard T. Brackett for a residence extending six inches onto a 19-foot- wide utility easement at 4780 Littlefield (north side of Lot 16, Block 12, Delaware Place Addition, Section II) ; Resolution No. 89-91 accepting a 10-by-15-foot easement from General Mills Restaurants, Inc. for a traffic signal on the northwest corner of Calder Avenue and Interstate 10 ( site of the Olive Grove Restaurant) and also described as Lot 13 , Block 11 of the Jarrette Addition; Resolution No. 89-92 authorizing an amendment to update the terms of a Cooperation Agreement with the Beaumont Housing Authority executed in 1979 by amending Section 2 to increase the number of low rent housing units from approximately 900 to 1,500; and Resolution No. 89-93 authorizing and ratifying eminent domain proceedings (metes and bounds, but not specific improvements identified in Resolution No. 88-214) to acquire Parcel No. 353 for the Martin Luther King, Jr. Parkway, a tract consisting of approximately 59,999 square feet of land situated on the southwest side of Martin Luther King, Jr. Parkway (formerly Railroad Avenue) between Fannin and Forsythe Streets, due to the owner refusing to sell of the State' s appraisal of $194, 231. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- An application for an ordinance granting a zoning change from RS (Residential Single Family) to NC (Neighborhood Commercial) for a 56-by- 140-foot lot at 4675 Highland Avenue by David W. Sassine, son of the owner of the property, who wishes to operate an antique radio and phonograph service store in an existing nonconforming building situated -96- April 25, 1989 in front of a single family residence on the same lot was denied on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Moore Councilman Cokinos Councilman Smith Councilman Brumley Councilman Samuel -000- Ordinance No. 89-21 amending the zoning ordinance to refine and update the definition of mobile homes and provide a specific use permit procedure whereby security caretakers employed by governmental agencies and public school districts would be allowed to reside in mobile homes on the premises where they are employed was considered: ORDINANCE NO. 89-21 AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-4(B) AND 30-33 (B) ( 4) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING MOBILE HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 89-21 was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 89-22 approving an application requested by the Beaumont Independent School District for a specific use permit for a mobile home for a security/caretaker at 6150 Keith Road, a 26.62-acre tract used for vocational agriculture class projects in an area zoned RS (Residential- Single Family) , was considered: ORDINANCE NO. 89-22 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A MOBILE HOME TO BE INSTALLED AT 6150 KEITH ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 89-22 was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. -000- Ordinance No. 89-23 approving a request by Robert F. Ford, Jr. for a specific use permit for an automotive salvage and wrecking yard on the north side of the 1600 block of Doucette Avenue in an area zoned GC-MD (General Commercial-Multiple Family Dwelling) (with a 6-0 vote to recommend approval by the Planning Commission subject to construction of -97- April 25, 1989 an eight-foot-high wood private fence around the entire site of approximately 1. 446 acres, extending northward to Burt Street and eastward to Grove, one block west of Mobil Refinery) considered: ORDINANCE NO. 89-23 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF AN AUTOMOTIVE WRECKING AND SALVAGE YARD ON PROPERTY LOCATED IN THE 1600 BLOCK OF DOUCETTE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 89-23 was approved on a motion by Councilman Brumley and seconded by Councilman Cokinos. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Samuel Councilman Cokinos Councilman Councilman Smith Moore Councilman Brumley -000- Ordinance No. 89-24 issuing a specific use permit for a facility to be used by Triangle Metallurgical, Inc. at 2206 West Cardinal Drive for warehousing, processing and baling of non-ferrous scrap metal for off- site recycling (requested by Edson Realty Company, property owners) with a recommendation from the Planning Commission for approval (approved by Ordinance 89-18 prior to April 17, 1989 Planning Commission meeting) was considered: ORDINANCE NO. 89-24 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT ALLOWING FOR WAREHOUSING, PROCESSING AND RECYCLING ON PROPERTY LOCATED AT 2206 W. CARDINAL DRIVE, BEAUMONT, JEFFERSON, COUNTY, TEXAS. Ordinance No. 89-24 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 89-94 awarding a contract to W. B. Construction, Inc. in the amount of $135, 300 for construction of the Babe Zaharias Park Improvement Project which includes remodeling and enlarging the museum building to house the visitors information center (to be moved from leased quarters on Interstate 10 near Walden Road) and construction of a war memorial to include a granite obilesque with inscriptions and a foundation for display of the City' s F101b Voodoo aircraft as part of the memorial was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -98- April 25, 1989 Mayor Meyers expressed appreciation to those responsible for contributing $6,000 to bring the Voodoo to Beaumont, to the Port of Beaumont for temporary storage of the aircraft, the Highway Department for their cooperation, and special appreciation to Mr. C. W. Conn, Conn Appliances, for contributing $25, 000 to support the creation of the War Memorial in honor of his employees. -000- Ordinance No. 89-25 appropriating $180,00-0 ( $15,260 available in current budget, $50,000 in contributions and $114,740 to be transferred from the General Fund to the Convention Facilities Fund subject to repayment from Hotel/Motel Room Occupancy Tax revenues over a period of 8. 2 years) to finance the Babe Zaharias Park Improvement Project, to include remodeling the existing museum building to house also the Visitors Information Center and construction of a war memorial was considered: ORDINANCE NO. 89-25 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1988 BY APPROPRIATING ONE HUNDRED EIGHTY THOUSAND DOLLARS ( $180,000. 00) FOR IMPROVEMENTS AT BABE ZAHARIAS PARK; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 89-25 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 89-95 nominating Trinity Industries ' operations at the Bethlehem Shipyards site as a qualified business for designation by the Texas Department of Commerce as an Enterprise Project to qualify the new industry for state tax rebates and other benefits in addition to those which accrue to the company from being located in the Enterprise Zone established by the City and further directs Karin Richmond & Associates, Inc. on behalf of the City, to file an application requesting designation of Trinities Industries as an enterprise project with the Texas Department of Commerce was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Resolution No. 89-96 accepting the work performed under a contract with Frank B. Inzer for Tyrrell Historical Library Improvements including installation of a heating and cooling system for the second floor, restoration of a large stained glass window facing Pearl Street and repairs to eight other windows at a completed cost of $85,781, including Change Order No. 2, which added $2,745 to the original contract , and authorizing final payment in the amount of $16,229. 85 was approved on a motion made by Councilman Smith and seconded by Councilman Lee. Question: Ayes: All Nayes: None -99- April 25, 1989 (Councilman Samuel left the Council Chambers at 2: 18 p.m. during discussion and was not present for the vote of Resolution No. 89-96 . ) -000- - public hearing was called to consider proposed amendments to the Community Block Grant Final Statement of Objectives and Projected Use of Funds with Citizens Advisory Committee recommendations--Amendment No. 1 would appropriate $65,888. 09 in reprogrammable funds remaining from completed or cancelled projects and make the money available for use in a multi-layered neighborhood redevelopment program, i.e. to be used for demolition and clearance of dilapidated structures in CDBG strategy areas including construction of new replacement housing as well as rehabilitation of existing dwellings; Amendment No. 2 would appropriate $50,000 for public improvements in CDBG strategy areas for infrastructure improvements around the Tyrrell Historical Library, such as walks and curbs: There being no one desiring to address City Council, the public hearing was closed. (Councilman Samuel returned to the Council Chambers at 2: 22 p.m. ) There was a lengthy discussion among Council and Staff regarding the remaining. 1986 funds in the amount of $8, 928. 46 from a total of $10 ,000 allocated for Charlton/Pollard Neighborhood Improvements (pedestrian crosswalks and bike path--crosswalks were installed, but a study showed the streets were not wide enough for bike paths) , and the possibility of using these funds for another neighborhood improvement project such as fencing behind Dunbar Elementary School. Resolution No. 89-97 authorizing amendments to the Community Development Block Grant Final Statement of Objectives and Projected Use of Funds was approved with the exclusion of the 1986 remaining funds in amount of $8,928 .46 from Amendment No. 1 changing the appropriation from $65,888 .09 to $59,959. 53 for reprogrammable funds to be used for demolition and clearance of dilapidated structures, in CDBG strategy areas including construction of new replacement housing as well as rehabilitation of existing dwellings and Amendment No. 2 appropriating $50,000 for public improvements in CDBG strategy areas and reprogrammed for infrastructure improvements around the Tyrrell Historical Library on a motion made by Councilman Samuel and seconded by Councilman Lee. Question: Ayes: All Nayes: None A motion to instruct Staff to conduct a feasibility study (with the Police Department and Beaumont Independent School District) regarding aspects of protective fencing behind Dunbar Elementary School at Shamrock Alley and then take action at that time regarding the dispensation of the $8, 928. 46 Charlton/Pollard Neighborhood Improvement funds was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -100- April 25, 1989 A public hearing was called to consider sixty ( 60) below-listed structures found to be in violation of the City of Beaumont' s Dangerous Structure Ordinance, Article III, Section 14-50: 650 Jackson - Deborah Pipkens, owner (15 violations) , Staff recommendation to raze within 30 days; 1910 Cleo - J. H. McCowan, owner (12 violations) , Staff recommendation to raze or repair within 30 days; 1387 Schwarner Kelly Vallery Et Ux, owner ( 18 violations) , Staff recommendation to raze within 30 days; 2185 Hemlock - Warcell A. Williams, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1440 Sherman - Sherman L. Williams, owner ( 15 violations) , Staff recommendation to raze or repair within 30 days; 1350-52 Bradley Alley - Troy D. Brown, owner ( 18 violations) , Staff recommendation to raze within 30 days; 1354-56 Bradley Alley - Troy D. Brown, owner ( 19 violations) , Staff recommendation to raze within 30 days; 1362-64 Bradley Alley - Troy D. Brown, owner ( 19 violations) , Staff recommendation to raze within 30 days; 448 Irma - E. R. Baker, owner ( 13 violations) , Staff recommendation to raze within 30 days; 1840 St. Anthony - Arthur Green, owner ( 16 violations) , Staff recommendation to raze within 30 days; 670 Sherman - Henry Brown, Jr. , owner ( 17 violations) , Staff recommendation to raze within 30 days; 1150 Powell - Winnie Gaynor, owner ( 16 violations) , Staff recommendation to raze within 30 days; 1345 Grant - Frank Owens Et Al, owner ( 18 violations) , Staff recommendation to raze within 30 days; 1081 Grant - Spurgeon Wallace, owner ( 18 violations) , Staff recommendation to raze within 30 days; 1065 Grant - Spurgeon Wallace, owner ( 17 violations) , Staff recommendation to raze or repair within 30 days; 855 Madison - Charles Sachitano, owner ( 12 violations) , Staff recommendation to raze within 30_ days; 1120 Vermont Jerry D. Daigle, owner ( 16 violations) , Staff recommendation to raze within 30 days; 2960 Cartwright - Greater St. Paul Baptist Church, owner ( 15 violations) , Staff recommendation to raze within 30 days; 1965-75 Sabine Pass - Gordon Ivory c/o Mrs. A. Bando, owner ( 15 violations) , Staff recommendation to raze within 30 days; 1965-75 Sabine Pass (rear) - Gordon Ivory c/o Mrs. A. Bando, owner ( 5 violations) , Staff recommendation to raze within 30 days; 1985-95 Sabine Pass - Gordon Ivory c/o Mrs. A. Banda, owner ( 15 violations) , Staff recommendation to raze within 30 days; 440 Flowers - Sabine Bank c/o Mary O. Redeau, owner ( 14 violations) , Staff recommendation to raze within 30 days; 440 Flowers (rear) - Sabine Bank, owner, ( 5 violations) , Staff recommendation to raze within 30 days; 1270 Harriot - James R. Gagnon Et Ux, owner ( 8 violations) , Staff recommendation to raze or repair within 30 days; 1270 Harriot (garage) - James R. Gagnon Et Ux, owner ( 9 violations) , Staff recommendation to raze or repair within 30 days; 1406 W. Virginia - Raymond Egland, owner ( 24 violations) , Staff recommendation to raze within 30 days; 2721 Forrest James M. Ferrell, Jr. , owner ( 12 violations) , Staff recommendation to raze or repair within 30 days; 1826 Sabine Pass - William E. Hudson Et Ux, owner ( 16 violations) , Staff recommendation to raze within 30 days; 710 Pine - Keown Supply Company, owner ( 14 violations) , Staff recommendation to raze within 30 days; 2032 Pennsylvania - Felix Foster, owner, ( 15 violations) , Staff recommendation to raze or repair within 30 days; 1876 Pennsylvania (rear) - Doralina G. Paterno, owner ( 14 violations) , Staff recommendation to raze within 30 days; -101- April 25, 1989 1876 Pennsylvania - Doralina G. Paterno, owner ( 15 violations) , Staff recommendation to raze within 30 days; 1871 Pennsylvania (rear) - Mortgage & Trust, Inc. , owner ( 16 violations) , Staff recommendation to raze or repair within 30 days; 1840 Pennsylvania Selena P. Johnson, owner, ( 15 violations) , Staff recommendation to raze or repair within 30 days; 1707 Pennsylvania - Kenneth L. Sparks, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1675-77 Pennsylvania - James L. Pope, owner ( 14 violations) , Staff recommendation to raze within 30 days; 1665-67 Pennsylvania - James L. Pope, owner ( 13 violations) , Staff recommendation to raze within 30 days; 505 McGovern - Ethel Steinman Dickson, owner ( 17 violations) , Staff recommendation to raze within 30 days; 525 McGovern - Ethel Steinman Dickson, owner ( 18 violations) , Staff recommendation to raze within 30 days; 376 Fredrick - Mrs. Bessie Knighton, owner ( 16 violations) , Staff recommendation to raze within 30 days; 430 Langham - Gary Maurice, owner ( 14 violations) , Staff recommendation to raze within 30 days; 1474 Avenue D - Davis Dowell Et Ux, owner ( 15 violations) , Staff recommendation to raze or repair within 30 days; 1072 Grand - William Zayas, owner ( 16 violations) , Staff recommendation to raze or repair within 30 days; 1135 Grand - C. W. Myers, owner ( 16 violations) , Staff recommendation to raze within 30 days; 1135 Grand ( storage) - C. W. Myers, owner ( 8 violations) , Staff recommendation to raze within 30 days; 883 Gladys - D. F. Sanders, owner ( 16 violations) , Staff recommendation to raze within 30 days; 856 Miller - Richard Grover Ransom, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1093 Willow - D. F. Sanders, owner ( 18 violations) , Staff recommendation to raze within 30 days; 828 Long - D. F. Sanders, owner ( 13 violations) , Staff recommendation to raze within 30 days; 848 Long - D. F. Sanders, owner ( 17 violations) , Staff recommendation to raze or repair within 30 days; 850 Long - D. F. Sanders, owner ( 17 violations) , Staff recommendation to raze or repair within 30 days; 1025 Willow - D. F. Sanders, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1027-29 Willow - D. F. Sanders, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1031-33 Willow - D. F. Sanders, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1370 Forrest - Forrest Street Christian Church, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1012 Evalon - Dickson Investment Co. c/o William S. Dickson, owner ( 11 violations) , Staff recommendation to raze within 30 days; 1105 Evalon - Dollie Bendy, owner ( 17 violations) , Staff recommendation to raze within 30 days; 1238 Evalon - D. F. Sanders, owner ( 17 violations) , Staff recommendation to raze or repair within 30 days; 1320 Evalon - Joseph W. Willard & Elmo R. Willard, III , owners ( 11 violations, Staff recommendation to raze within 30 days; and 1330 Evalon -Joseph W. Willard & Elmo R. Willard, III , owners ( 12 violations) , Staff recommendation to raze or repair within 30 days. Mrs. Henry (Alma) Brown, Jr. , owner of the property at 670 Sherman, addressed Council to request a repayment plan be scheduled after the City demolishes the dilapidated property. Mr. Raymond Egland, owner of the property at 1406 West Virginia, addressed Council to request that he be granted additional time to dry-in and board the four-unit apartment complex under construction. -102- April 25, 1989 There being no one else to address Council, the public hearing was closed. The structure at 1406 West Viginia was removed from Section 3 . of the proposed ordinance declaring the structure to be razed within 30 days and placing it under Section 2. ordering repair or raze within 30 days on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None Ordinance No. 89-26 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 89-26 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. 89-26 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Councilman Smith stated that "Sunday in the Park" hosted last week by Young Audiences was excellent and that the audience' attention was captivated for 45 minutes. Councilman Smith also stated that trains are holding up traffic for an extensive amount of time at Pennsylvania and Martin Luther King, Jr. Parkway. Councilman Samuel reported an informative and rewarding trip to Washington, D.C. last week with the Economic Development Committee. There were good exchanges regarding the Clean Air Act, the Enterprise Zones, and our application for funds from HUD. Councilman Samuel, also reported attending a meeting in Austin regarding the future impact of tax exempt bonding and our ability to deal with infrastructure repairs. He requested the Sanitation Department remove debris on Helbig Road and requested an update of the status of a traffic light at Lucas and Bigner Road. Councilman Moore complimented Staff and Councilman Smith on an outstanding "Sunday in the Park; " reported a good community meeting at Neches Park last Thursday with citizens, the Sheriff ' s Department, the Pop Team, and officers patrolling that area and complimented the cooperative spirit of Beaumont Police Officers and other support groups assisting in drug enforcement, and asked Mr. Tom Warner, Public Works Director, to check the timing of the left turn signal at Martin Luther King, Jr. Parkway and Washington Boulevard. -103- April 25, 1989 Councilman Cokinos invited everyone to attend "Sunday in the Park" next week when The Learning Tree from Lamar University will host a great program and afternoon of fun. -000- Mr. M. L. Lefler, Jr. , 621 14th Street, addressed Council on behalf of Aubrey Raiford of the Proud Crowd of Port Arthur, to present complimentary tickets to the banquet honoring the Commissioners Court of Jefferson County on April 27th. Mayor Meyers will be the principal speaker for this event. Mr. Henry Dannenbaum, P. O. Box 2724, addressed Council to again suggest the institution of a curfew law. Mr. Charles H. Skinner, 4785 Plant Road, owner of Pine Island Sand Co. , addressed Council to complain that his sand hauling operation is being stopped by the City because the route used for the large trucks and trailers is Plant Road, a residentially-rated street not constructed to handle this amount of traffic. He said travel on Helbig Road, an arterial street, had been originally denied him and Plant Road was the only other alternative. Mr. Skinner stated he now has been instructed to use Helbig Road. After a discussion of the safety of the residents in the area along Plant and Helbig Roads, City Council instructed Staff to seek solutions for routing the heavy truck traffic created by Pine Island Sand Co. and other businesses in that area. -000- There being no further business, the regular City Council meeting was adjourned. -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 April 25, 1989. Rosemarie Chiappetta City Clerk -104- April 25, 1989