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HomeMy WebLinkAboutMIN AUG 28 1990 REGULAR SESSION CITY COUNCIL CHAMBERS HELD AUGUST 28, 1990, 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of August, 1990, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Mayor Pro Tem Councilman At Large Brian R. Alter* 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 (*Arrived at 1:56 p.m. during discussion of Agenda Item No. 7 regarding a reduced speed school zone. ) -000- The Invocation was given by Mr. Tom Ukinski of the Spiritual Assembly of the Baha' is of Beaumont. The Pledge of Allegiance was led by City Manager Ray Riley. -000- Mayor Lord announced that Councilmembers Alter, Smith and Moore would be arriving late for today' s meeting because they are hosting a luncheon for members of the Housing and Urban Development Committee who were participants in presenting a Drug Free Seminar at the Civic Center this morning. -000- Two Proclamations were issued: "Jobforce Alumni Week, " August 27, 1990 through September 3 , 1990; and a Proclamation recognizing "Bonnie Cokinos" for her recent election as President of Dance Masters of America and for her artistic contribution to the cultural growth of our community. -000- Mayor Lord recognized and welcomed Mr. Jimmy Cokinos, former mayor for the City of Beaumont, to the meeting. -000- -213- August 28, 1990 Citizen comment was invited on the Consent Agenda and Main Agenda Items 3-8. 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 conducted August 21, 1990; Resolution No. 90-173 appointing Douglas E. Steinman to the Martin Luther King, Jr. Parkway Commission for a term expiring January 1, 1993 ; Marvin Giles to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for a term expiring July 31, 1992 ; David Harnack for a term expiring July 31, 1992 and Bob Lee, Jr. for a term expiring July 31, 1993 to the Convention and Tourism Advisory Committee; and reappointing M. L. "Buddy" Lefler, Jr. to the Planning Commission for a term expiring July 31, 1992 ; Lonnie Hood to the Airport Advisory Committee for a term expiring May 31, 1992 ; Joan Morrow to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for a term expiring June 30, 1992; William F. Jones to the Housing Rehabilitation Loan Board for a term expiring May 31, 1992 ; Alice Dyes to the Senior Citizens Advisory Committee for a term expiring September 30, 1992 ; and Raymond Noack to the Plumbing and Mechanical Board of Review for a term expiring May 31, 1992 ; and appointing William Lucas as third alternate on the Zoning Board of Adjustment for a term expiring September 30, 1992 ; Resolution No. 90-174 authorizing execution of a five-year renewal of a lease agreement with an option for automatic one-year renewal with the Gold Coast Fine Arts Association on a . 60 acre tract of land on St. Helena Street next to the Farmers Market for a token payment of $1. 00 per year; Resolution No. 90-175 authorizing settlement of a bodily injury claim styled Verlinda Sams v. the City of Beaumont in the amount of $7,500 and releasing the City free of any further liability; Resolution No. 90-176 authorizing purchase of three (3) 175 cubic-feet- per-minute air compressors to be used in the operation of air-powered pavement breakers and saws in street maintenance and repairs from Service Pump and Compressor, Inc. , in the amount of $27,447.00 ($9, 149. 00 each) ; and Resolution No. 90-177 authorizing a License to Encroach agreement with St. Elizabeth Hospital (filed on behalf of the Sisters of Charity of the Incarnate Word by James Pearson, assistant director of plant services) for two 4-inch conduits for computer cables to be installed underground across Harrison and Fourteenth Streets (under Fourteenth about 368 feet south of Harrison and under Harrison about 141 feet west of Fourteenth) to serve the hospital 's facilities in an office building on the northwest corner of Harrison and Fourteenth for a one-time fee of $500.00. -214- August 28, 1990 The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- An Ordinance changing the zoning from NC (Neighborhood Commercial) to GC- MD (General Commercial--Multifamily Dwelling) for property at 3135-3155 Park Street (and issuing a specific use permit for an automotive paint and body shop) as requested by John A. Waits, Jr. 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 NC (NEIGHBORHOOD COMMERCIAL) TO GC-MD (GENERAL COMMERCIAL MULTIPLE-FAMILY DWELLING) ON PROPERTY LOCATED AT 3135-3155 PARK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mr. Riley reported that the Planning Commission is recommending denial on the premise that the business is a legal non-conforming use. However, the Planning Department Staff has determined that it is an illegal use, and cannot be permitted without some other action, such as a zoning change and a specific use permit or an appeal to the decision that it is an illegal use. Councilman Goodson said he feels the Planning and Zoning Commission made their determination not on an issue of spot zoning, but on their interpretation that it was a legal non-conforming use. The ordinance was referred back to the Planning and Zoning commission for further clarification by a 4-0 vote (with the added information provided by the Planning Department staff) on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 90-48 issuing a Specific Use Permit to the Grace and Truth Tabernacle (requested by Jesse Mobley, church trustee) for construction of a 5, 800-square-foot church building on a 2 . 38 tract at 5910 North Major Drive (corner of N. Major Drive and Pindo Circle) in an area zoned RM-H (Residential-Multiple Family Dwelling) was considered: -215- August 28, 1990 ORDINANCE NO. 90-48 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW CHURCH IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING) ZONING DISTRICT LOCATED ON A 2 . 38 ACRE TRACT AT 5910 N. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 90-48 was approved by a 4-0 vote on a motion made by Councilman Samuel and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None (Councilman Alter previously filed a Conflict of Interest Affidavit on this item. ) -000- Ordinance No. 90-49 abandoning Wallace Street between Buford and Finis Streets, subject to retention of general utility easements, as requested by the Port of Beaumont to provide truck access and security for its cargo handling facility was considered: ORDINANCE NO. 90-49 ENTITLED AN ORDINANCE ABANDONING WALLACE STREET BETWEEN BUFORD AND FINIS SUBJECT TO THE RETENTION OF A GENERAL UTILITY EASEMENT TO TAKE THE PLACE OF THE RIGHT-OF-WAY, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 90-49 was approved by a 3-0 vote on a motion made by Councilman Samuel and seconded by Mayor Pro Tem Cokinos. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Cokinos Councilman Samuel Abstention: Councilman Goodson (Councilman Goodson filed a Conflict of Interest Affidavit on this item. ) -000- Resolution No. 90-178 authorizing filing of two Selective Traffic Enforcement grants--a $24,750 grant for continuation of the Occupant Protection Program designed to increase the use of seat belts and child safety and a $13, 000 TRASER S.T.E.P. grant to provide for a project to reduce accidents by development of an automated traffic records system for the Police Department was approved by a 4-0 vote on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -216- August 28, 1990 Resolution No. 90-179 authorizing a one-year contract for furnishing cement stabilized sand for use as backfill in street repairs and construction of water and sewer lines when the excavation is on or near a street with Construction Aggregates, Inc. of Port Arthur at $7.84/ton for 1 1/2-sack mixture and $9. 06/ton for 2-sack mixture (approximately $48, 000 for a year's supply) was approved by a 3-0 vote on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Samuel. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Cokinos Councilman Samuel Abstention: Councilman Goodson (Councilman Goodson filed a Conflict of Interest Affidavit on this item. ) -000- Resolution No. 90-180 awarding a contract to John Bankston Construction and Equipment Rental, Inc. in the amount of $684,706 for construction of a sewage lift station and a water booster pump station to serve proposed new correctional facilities and existing development in the areas annexed in 1988 was approved by a 4-0 vote on a motion made by Mayor Lord and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 90-50 establishing a reduced speed school zone on Magnolia Avenue at Trinidad whereby the 20 miles per hour speed limit will be in effect on school days from 7: 15 a.m. to 8: 15 a.m. and from 2 :45 p.m. to 3 :30 p.m. was considered: ORDINANCE NO. 90-50 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SCHOOL ZONE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. (Councilmembers Alter, Smith and Moore arrived at 1:56 p.m. during discussion of the reduced speed school zone. ) Councilman Samuel requested that Police units be assigned to patrol that area for a period of time to slow down traffic and enforce the reduced speed regulation and temporary lights be installed to signal a school zone. Mayor Lord enforced the need for installation of the lights. Ordinance No. 90-50 was approved by a 7-0 vote on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -217- August 28, 1990 After a brief discussion and a request by Councilman Moore that efforts be made to relocate 50 units in their original neighborhood, Resolution No. 90-181 endorsing the application submitted by the Beaumont Housing Authority to the U. S. Department of Housing and Urban Development for a $7, 800, 000 grant for the Disposition of Neches Park Homes and pledging to allocate funds for purchase of sites for the relocation of 150 dwelling units of Neches Park Homes for an amount not to exceed $385, 000 and to provide relocation assistance for tenants of Neches Park Homes for a total not to exceed $100,000 was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- A Public Hearing was called to consider the eighteen (18) below listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1535 Sabine Pass (shed) - (9 violations) and 1535 Sabine Pass (#1 - 2 Units, 1535 Sabine Pass (#2 - 2 Units), 1535 Sabine Pass (#3 - 4 Units), 1535 Sabine Pass (#4 - 1 Unit), 1535 Sabine Pass (#5 - 1 Unit) , 1535 Sabine Pass (#6 - 6 Units, 1535 Sabine Pass (#7 - 1 Unit) , 1535 Sabine Pass (#8 - 1 Unit), and 1535 Sabine Pass (#9 - 4 Units) - (25 violations each) - Jerome Kojak, Sr. , owner, Staff recommendation to raze all ten (10) structures within 30 days; 275 E. Simmons (garage) - Ivory Boswell, owner (10 violations) , Staff recommendation to raze within 30 days; 3350 Rivers - Jose D. and Mary Lou Rivas, owners (25 violations) , Staff recommendation to raze within 30 days; 3099 Washington - Geneva Egland, owner (9 violations) , Staff recommendation to raze within 30 days; 2520 Sutherland - C. D. Byrd, owner (21 violations) , Staff recommendation to raze within 30 days; 781 Shell (21 violations) and 781 Shell (carport) (3 violations) - Mable Torrence and Freddy O'Pry, owners, Staff recommendation to raze each structure within 30 days; 3715 Preston - L. D. Brown, owner (21 violations) , Staff recommendation to raze within 30 days; and 3755 Preston - Dallas Guidry, owner (21 violations) , Staff recommendation to raze or repair within 30 days. These parcels have been inspected, are vacant, and found to be in violation of Article III, Section 14-50 of the Code of Ordinances, and notices have been sent to owners by Certified Mail and published in the Beaumont Enterprise. The twenty-four (24) 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. 1604 Avenue A, 2520 Avenue A (garage), 1558 Avenue C, 1558 Avenue C -218- August 28, 1990 (rear) , 1805 Bolivar, 1910 Cleo, 2881 Concord (commercial), 2883 Concord, 3025 Cordova, 3180 Cordova, 1455 Craig, 1105 Elgie, 2401 Forrest, 425 Frederick, 1256 Harriot (garage apt. I, 1388 Johns, 2295 Leight, 4022 Magnolia, 4026 Magnolia, 2355 Pear, 2411 Pecos (garage), 1725 Pennsylvania, 887 Porter (garage apt. ), and 2330 Potts. Mr. Louis D. Brown, owner of the structure at 3715 Preston, informed Council that he leased this furnished structure to the City of Beaumont on May 1, 1980, for a relocation project. He said the original lease was for 90 days, but extended for a much longer period of time. Mr. Brown distributed a copy of a contract to Council and asked that the City be responsible for restoring the structure. A motion was made to change the recommendation from raze within 30 days to raze or repair within 30 days by Councilman Alter, but withdrawn by Councilman Alter for modifications to the ordinance to be made at time of adoption. Councilman Moore said he had no recollection of this arrangement during his tenure on Council. City Attorney Lane Nichols said since the document presented is dated in 1980 with contemplation of execution of another document with the City, the matter will require further investigation. There being no one else to address Council, the public hearing was closed. Ordinance No. 90-51 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 90-51 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. After reviewing video footage of the structure at 3715 Preston and further discussion regarding a reasonable work plan, lack of establishment in the contract presented to Council by Mr. Brown to hold the City liable for restoration of the structure, the dilapidated condition of the structure, security of the building, and the potential of another contract and the necessity of its submission to the Legal Department for perusal, the structure at 3715 Preston was removed from the Ordinance for consideration today and Staff was instructed to place it on the list of dilapidated structures to be considered at the next dilapidated structure public hearing with clarification regarding past leases and contracts with Mr. Brown on a motion made by Councilman Moore and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -219- August 28, 1990 Ordinance No. 90-51 as amended was approved on a motion made by Councilman Samuel and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Mayor Lord reported receiving a great number of calls relative to Port activity in loading military supplies on the Gulf Banker to be sent to the Middle East and the marvelous patriotic feeling citizens have in wanting to be included. Many are displaying flags and wearing yellow ribbons and some have suggested decorating Municipal buildings. Mayor Lord encouraged wearing of the yellow ribbons and especially flying flags to show support of our nation. Sources of calls received have been from a wide range of citizens. Councilman Smith commented that the conference with HUD conducted this morning regarding drugs in our community was very informative with excellent community participation. She said that the Regional Director of HUD indicated there are possibilities for Beaumont to receive grants and for programs to be placed in our housing complexes. Councilman Smith also reported dedicating the Blacksmith Shop at the John J. French Museum last Sunday with the Darrell Hall family participating in the ceremony along with two smithies. She said the Blacksmith Shop is one of the favorites for school children visiting the Museum. Councilman Goodson said through the Legislative Alert from the Texas Municipal League, Council was made aware that certain State agencies were considering levying a per-capita fee upon Municipalities to fund State-wide projects and thanked Mayor Lord for sending a letter to the Texas Water Commission and the Texas Water Development Board speaking in opposition to these charges. He said these charges would be a real budget-buster. Councilman Goodson encouraged attendance tonight at the John Gray Institute at 7: 00 p.m. to hear a program presented by the Texas Water Development Board highlighting the water plan for the State with emphasis on projects in Southeast Texas. Councilman Alter added complimentary remarks about the drug free neighborhood meeting conducted this morning, saying the attendance was excellent and very interesting. He complimented Newsman Jack Piper on his performance at the MDA Benefit on Friday in assisting participation in the auction. Councilman Alter announced the Babe Zaharias Female Athlete Award on December 5th and said there some prestigious members sitting on the Selection Committee, including the Chairman of the U. S. Olympic Committee, someone from CBS Sports and Sports Illustrated. He said it is going to be an exciting event that will be a lot of attention to Beaumont. Mayor Pro Tem Cokinos congratulated the Port of Beaumont for their handling of the Army cargo leaving Beaumont and the impact it is leaving on the citizens. -220- Councilman Moore also commented about the drug free workshop that HUD and the Beaumont Housing Authority presented. He said it was very good and the interaction of residents and the number of attendees was significant. Councilman Moore inquired about the progress of the Martin Luther King, Jr. Parkway and the acquisition of property for Phase II. City Attorney Lane Nichols reported the property would be acquired in a timely fashion not to slow down the project and specifics can be provided regarding the status. -000- Mrs. Brenda Richmond, 5720 Brett, addressed Council regarding the burden placed upon her family because of her husband's call to active duty in the military service. Her husband is a Beaumont Police Officer whose salary will be cut in half, and she is concerned with the ability to meet their financial obligations. She asked that the City of Beaumont consider supplementary income for their employees called to active duty and expressed concern about reinstatement of medical insurance. Council discussed authority, regulations and statutes governing a city's ability to supplement service personnel income and informed Mrs. Richmond they would investigate this circumstance and give it top priority. Mr. Henry Dannenbaum, 1560 Wall, addressed Council regarding the possibility of prayer at the flagpole or a week of prayer and in support of displaying yellow ribbons on doors. Mr. Forrest "Ted" Posey, 3695 Edmonds, distributed copies of information to Council, spoke of his gratefulness for the opportunity to address Council, discussed school traffic and encouraged driving in the inside lane to avoid curbside accidents, asked consideration of an outside cafe, and read a prayer. -000- There being no other business, the meeting was recessed before continuing with the 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 August 28, 1990. Rosemarie Chiappetta City Clerk -221- August 28, 1990