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HomeMy WebLinkAboutMIN FEB 26 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 26, 1991 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of February, 1991, with the following present: HONORABLE: Andrew P. Cokinos Mayor Pro Tem 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 Absent Evelyn M. Lord Mayor Brian R. Alter Councilman At Large Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Councilman Samuel. The Pledge of Allegiance was led by Councilman Goodson. -000- Citizen comment was invited on the Consent and Main Agenda Items 1 through 8 and Item No. 10. Mr. Henry Dannenbaum, 1567 Wall Street addressed Council in support of advocating extreme safety in the use of space heaters near flammable materials. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held February 19, 1991; Resolution No. 91-39 appointing George Perrett to the Sister City Commission for a term expiring December 31, 1992 ; Resolution No. 91-40 authorizing a License to Encroach to Chevron -37- February 26, 1991 U.S.A. , to encroach onto the City right-of-way on the median of Phelan Boulevard north of Lot 8, Block 3, Maplewood Addition, two hundred (2001 ) feet east of the west line of the median and fourteen (141 ) feet south of the north line of the median for installation of a groundwater monitoring well to trace concentrations of various pollutants for a one time fee of $500.00, protecting the City from liability and requiring that when the well has ceased to be used that it be closed in a manner approved by the Water Utilities Department; Resolution No. 91-41 accepting donated easements from Mobil Pipe Line Co. (out of Lots 17, 18 and 19 of the Russell and Chaison Subdivision, Pelham Humphries Survey) , Oakwood Realty Co. (out of Lots 7, 19, 11 and 12 of the Russell and Chaison Subdivision, Pelham Humphries Survey) , Robert G. Quinn, Richard H. Quinn, and Patrick J. Quinn (out of a 6.9 acre tract known as Lot 7 of the Charles J. Chaison 50 Acre Subdivision in the northeast end of the John Douthit Survey, Abstract 114) , Amoco Oil Co. (#1 and #2 : out of the David Cunningham Survey, Abstract and #3: out of the Pelham Humphries Survey, Abstract 32) , Alice Pistole LeBaron (out of Tract No. 140 of the Gladys City Oil, Gas and Manufacturing Co. Subdivision, John A. Veatch Survey) , and DiVernon McFaddin Cordts (out of the David Cunningham Survey, Abstract 15, Tract 18-B of the McFaddin Trust, Partition No. 2 map) and purchased easement for negotiated value from Frost National Bank, Trustee; Ben J. Chilcutt, Trustee; Caroline Rorbell; John Charles Rorbell, Trustee; Katherine Rorbell; Marrs McLean Bowman; Ruth Bowman Russell; Beth Bowman Harper; Margaret Bowman McMahon; and Barbara Bowman (Tract 1: out of 3 .45 acre tract also known as the west half of Lot 8 of the Charles J. Chaison 50 Acre Subdivision in the north east end of the John Douthit Survey, Abstract 114; Tract 2 : out of Lots 13, 14, and 15 of the Russell and Chaison Subdivision, Pelham Humphries Survey, Abstract 32--$1,221. 00) , The Gladys City Co. (out of the John A. Veatch Survey, Abstract 55 and out of Lots 108, 112, 111, 110, 117, 116, 122 , 128, 127, 87, 93, 92, and 91 of the Gladys City Oil, Gas and Manufacturing Co. Subdivision, Townsite Lots; and acreage blocks in the same as follows: Blocks 150, 149, 133, 139, 138, and the east 17.71 acres of Block 140--$9, 000. 00) , Angela Romano Lomonte and Carlo Romano (out of 6.5 acre tract in acreage Tract 140 of the Gladys City Oil, Gas and Manufacturing Co. Subdivision, John A. Veatch Survey-- $110. 00) , and Texas Commerce Bank-Beaumont and Aileen Marshall, Co- Trustees; Robert T. Munday, Jr. and John Lewis Munday (out of 354 acre tract in the northwest corner of the John A. Veatch Survey, Abstract 55-- $1, 127. 50) for construction of a force main for extension of sanitary sewer service to the new state prison facilities and county jail south of the city limits; and Resolution No. 91-42 accepting a 30-foot-wide "Greenbelt Easement" from Lamar Bancshares, Inc. along the south side of Keith Ditch west of Dowlen Road to be landscaped and maintained by Lamar Bancshares, Inc. The Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -38- February 26, 1991 Ordinance No. 91-14 authorizing a Specific Use Permit to BW/IP International of Houston, for construction of a centrifugal pump repair center at 2920 West Cardinal Drive (1. 06 acres on the northwest corner of Cardinal Drive and Pradice Street) described as Block 40, M. C. Cartwright Addition, in an area zoned GC-MD (General Commercial-- Multiple Family Dwelling) was considered: ORDINANCE NO. 91-14 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW CONSTRUCTION OF A 65 FOOT X 125 FOOT BUILDING TO BE USED FOR THE REPAIR AND SERVICE OF CENTRIFUGAL PUMPS AT 2920 WEST CARDINAL DRIVE ON BLOCK 40, M. C. CARTWRIGHT ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-14 was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 91-15 authorizing abandonment of a 7 ' x 400 ' strip of the Tilson Street 50 ' right-of-way along the east side adjacent to Lots 11, 12, 12, 14 and to the north 20 ' of Tract "A, " Minter Addition and abandonment of a 16' x 250 ' utility easement located west of Lots 4 through 8 and east of Lots 9 through 13 , Minter Addition, was considered: ORDINANCE NO. 91-15 ENTITLED AN ORDINANCE ABANDONING THE 400 FOOT X 7 FOOT PORTION OF THE TILSON STREET 50 FOOT WIDE RIGHT-OF-WAY AND A 16 FOOT X 250 FOOT UTILITY EASEMENT IN THE MINTER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-15 was approved on a motion made by Councilman Smith and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Cokinos asked that we deviate from action on the agenda at this time and requested the Reverend Ralph Thompson from Amelia Baptist Church to offer a prayer. The Reverend Thompson delivered a special prayer for peace, power, and strength and for protection of the military personnel serving in the Middle East in "Operation Desert Storm. " -39- February 26, 1991 Ordinance No. 91-16 authorizing abandoning a utility easement along the west side of Willow Bend Drive (Vol. 14, Page 292, Jefferson County Map Records) as requested by developers of Willow Creek Country Club Estates Addition to facilitate development of lots in Phase II, Section III-A of the addition was considered: ORDINANCE NO. 91-16 ENTITLED AN ORDINANCE ABANDONING PART OF A DEDICATED SANITARY SEWER EASEMENT LOCATED ON THE MAP OR PLAT OF WILLOW BEND DRIVE (VOL. 14, PAGE 292, JEFFERSON COUNTY MAP RECORDS) . Ordinance No. 91-16 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 91-17 amending Chapter 16, Section 16-9 and 16-14, of the Code of Ordinances relating to fees for non-resident library cards and fees for lost or damaged library materials was considered: ORDINANCE NO. 91-17 ENTITLED AN ORDINANCE AMENDING CHAPTER 16 SECTION 16-9 AND 16-14 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS; DEALING WITH NONRESIDENT FEES AND A PROCESSING FEE; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Ordinance No. 91-17 was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 91-18 amending Chapter 10 of the Code of Ordinances to establish new regulations for above-ground storage of flammable liquids under conditions prescribed to insure safety was considered: ORDINANCE NO. 91-18 ENTITLED AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ESTABLISHING NEW REGULATIONS FOR THE ABOVE- GROUND STORAGE OF FLAMMABLE LIQUIDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. -40- February 26, 1991 Councilman Goodson explained to citizens that there are only a limited number of industrial and commercial zoning districts in the city where these storage tanks would be allowed and would have to meet the Fire Departments specifications for inspection and design. Ordinance No. 91-18 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 91-19 amending Chapter 10, Section 10-20, of the Code of Ordinances pertaining to the fire prevention code by correlating section numbers in the ordinance to agree with the numbers in the Standard Fire Code, include truck routes for transporting hazardous materials through the City in the ordinance, and officially designate the Fire Department as having the responsibility for enforcing the fire code was considered: ORDINANCE NO. 91-19 ENTITLED AN ORDINANCE AMENDING CHAPTER 10 SECTION 10-20 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT AMEND- MENTS AND REVISIONS TO THE STANDARD FIRE PREVENTION CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING PENALTY. Ordinance No. 91-19 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 91-20 authorizing enlargement of the Building Code Board of Adjustments and Appeals to a seven member board (an architect, an engineer, a representative of the building industry, a building contractor, a representative of the public at large, a representative from the fire service profession, and from the fire safety profession) to serve a dual function as the board of adjustments and appeals for both the Building Code and the Fire Prevention Code was considered: ORDINANCE NO. 91-20 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT ENLARGING THE BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. -41- February 26, 1991 Mayor Pro Tem Cokinos referred back to Agenda Item No. 2 and questioned a sentence in the second paragraph of the Council Letter referencing conditions by stating, "both of which have not been met" was a typographical error, and should it be now? Mr. Riley acknowledged the wording should be "now" in the memorandum, but said everything is correct in the official ordinance. -000- Resolution No. 91-43 authorizing filing an application for an operating assistance grant from the Department of Housing and Urban Development (HUD) , under the Stewart B. McKinney Homeless Assistance Act of 1987, in the amount of $41,000.00 for the Shelter for the Homeless operated by the Trinity Valley Baptist Association to be used for maintenance and repairs and to help meet costs of operation was approved on a motion made by Councilman Moore who expressed a desire that additional monies be aggressively sought for this program; the motion was seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- - public hearing was called to consider the eleven (11) below listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1105 Avenue E - John and Frankie DeYoung, owners (21 violations) , Staff recommendation to raze or repair within 30 days; 1158 Avenue D (garage) - Robert Wells, owner (9 violations) , Staff recommendation to raze within 30 days; 552 Alma - Richard A. McClain, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 1575 W. Highland (21 violations) and 1575 W. Highland (shed) (12 violations) - George G. Broussard, owner of both structures, Staff recommendation to raze both structures within 30 days; 1350 Center - James Louis Adams, owner (18 violations) , Staff recommendation to raze within 30 days; 4745 Galveston - Charles Guidry, owner (25 violations) , Staff recommendation to raze or repair within 30 days; 8797 College (Commercial -a (15 violations) , 8797 College (16 violations) , and 8797 College (Commercial-2) (7 violations) - Margaret Jones, owner of all three structures, Staff recommendation to raze each structure within 30 days; and 2457 Hebert - Dolores Giles, owner (22 violations) , Staff recommendation to raze or repair 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. Mr. S. W. Long, 250 East Gill, addressed Council in behalf of Mrs. Dolores Giles, owner of the property at 2457 Hebert, but residing in -42- February 26, 1991 Hayward, California. Mr. Long said he has been appointed by Mrs. Giles to maintain the property on Hebert Street and requested time to make the repairs. Mr. Long was instructed to meet with Mr. Daniels of the Building Codes Division and establish a work program. The eleven (11) 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. 2630-34 Cable, 1740 Carroll, 1756 Carroll (rear), 1764 Carroll, 1065 Glasshouse, 5865 M. L. King S (Projection Room), 5865 M. L. King S (Concession Stand), 5865 M. L. King S (Screen/Office), 3375 Maida, 1840 Pennsylvania, and 4145 Usan. There being no one else to address Council, the public hearing was closed. Ordinance No. 91-21 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 91-21 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. 91-21 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Cokinos stated he feels that a full Council should be present to make a decision on settlement or appeal of the case of Woodford Bouillion et al vs. City of Beaumont and requested there be no Executive Session conducted to consider the issue and Agenda Item 10 be pulled from today's agenda. After a lengthy discussion by City Councilmembers concerning whether to hold the Executive Session for receipt of information prepared for today, Councilman Samuel made a motion, seconded by Councilman Goodson, to suspend Agenda Item 10 until after an Executive Session. Question: Ayes: All Nayes: None -43- February 26, 1991 Mayor Pro Tem Cokinos called an Executive Session pursuant to Section 2 (e) of the Open Meetings Act of the State of Texas to discuss pending or contemplated litigation regarding Woodford Bouillion et al vs. the City of Beaumont following Council and citizen comments and prior to consideration of Item 10 on the Agenda. Executive Session will continue after consideration of Item 10 to discuss the Gulf States Utilities Co. rate case, Excavators & Constructors vs. the City of Beaumont, and Susan Shanks vs. the City of Beaumont. -000- Councilman Moore directed Staff attention to apartments off Virginia Street and Avenue A that are falling in, a bus that is on Avenue A off Brockman that is slowly being sold for parts and is becoming a danger, and asked for information regarding the drainage project at Virginia and Avenue A where dirt is being piled. -000- There being no one else to address Council, the Regular Session of City Council was recessed for Executive Session. -000- The Regular Session of City Council reconvened at 2:55 p.m. A resolution authorizing an appeal in the case of Woodford Bouillion et al vs. the City of Beaumont was introduced. Councilman Goodson made a motion, seconded by Councilman Moore, to defer action until the next regular City Council meeting. Question: Ayes: All Nayes: None -000- There being no other business, the Regular Session of City Council was adjourned to reconvene in Executive 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 26, 1991. Barbara Liming Deputy City Clerk -44- February 26, 1991