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HomeMy WebLinkAboutMIN JAN 24 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 24, 1995 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 24th day of January, 1995, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tern Councilman, Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames* Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Calvin Williams Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk *(Councilman Ames arrived at the beginning of Proclamation presentations.) -000- The Invocation was given by the Reverend Mike Thompson, Spindletop Unitarian Church. The Pledge of Allegiance was led by Jack Pieper, Radio Station News Reporter. -000- Mayor Moore announced that an executive session will be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: the Claim of Phyllis Fobbs, Minor, Brandon Ceaser and Alis Thomas Price and the Claim of Pete St. Clair and in accordance with Section 551.074 to discuss appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Municipal Magistrates following the workshop session of City Council. -000- (Councilman Ames arrived.) 15 Three Proclamations were issued: A proclamation in recognition of the contributions of "The Woman's Club of Beaumont" and their centennial celebration; "Young Audiences Week," the week of January 24, 1995; and "Ms. Viola Crook--Ms. Senior Golden Triangle Week," January 29 through February 5, 1995. Citizen comment was invited on the Consent Agenda and Main Agenda Items 4 through 7. No one wished address these subjects. The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held January 17, 1995; Resolution No. 95-19 authorizing First Interstate Bank to pledge securities being held at Texas Commerce Bank, Houston in the par value amount of$5,000,000, effective January 24, 1995; Resolution No. 95-20 appointing Bill Munro and Terry Williams to the Martin Luther King, Jr. Parkway Commission for terms expiring January 23, 1997 and reappointing Albert Jones for a term expiring January 4, 1997; appointing Ninette Teel to the Keep Beaumont Beautiful Commission; Gary Celi to the Parks and Recreation Advisory Commission; and Mary Randall to the Senior Citizen Advisory Commission for terms expiring January 23, 1997; Resolution No. 95-21 authorizing settlement of the claim of Richard Broussard in the amount of $3,500; Resolution No. 95-22 accepting the $27,000 bid of Cobb Air Conditioning for purchase of one (1) sixty (60) ton air cooled liquid chiller for the Harvest Club; and Resolution No. 95-23 strongly urging the Environmental Protection Agency to approve a Section 182(f) exemption from NOx control measures for the Beaumont/Port Arthur area. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-6 rezoning 6030 and 6040 Concord Road from RS (Residential Single Family Dwelling District) to NC (Neighborhood Commercial District) at the request of Mr. Walter Nebgen who plans to conduct vocational training for safety personnel in the rear of 6030 16 Concord was considered: ORDINANCE NO. 95-6 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 OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6030 AND 6040 CONCORD ROAD, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-6 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- (Mayor Moore left Council Chambers.) Ordinance No. 95-7 authorizing a specific use permit to allow a self storage/mini warehouse facility at 745 Lindbergh Drive, property zoned GC-MD (General Commercial-Multiple Family Dwelling District) at the request of Gerald Condon with recommendation for approval from the Planning Commission subject to removal of two (2) five (5) foot wide stall on the east end of Building "G" and two (2) five (5) foot wide stalls on the east end of Building "G" was considered: ORDINANCE NO. 95-7 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SELF STORAGE/MINI WAREHOUSE FACILITY ON LAND ZONED GC-MD (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 745 LINDBERGH DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-7 was approved on a motion made by Councilman Goodson and seconded by 17 Councilman Smith. Question: Ayes: All Nayes: None -000- An Ordinance approving a specific use permit to allow a church on 23rd Street, north of Bolivar, property zoned RS (Residential Single Family Dwelling District) at the request of the Unity Church of Beaumont, with a unanimous recommendation from the Planning Commission for denial was considered: Ordinance No. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH ON LAND ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON 23RD STREET NORTH OF BOLIVAR, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. A lengthy discussion was held regarding objections from the neighborhood presented at the Joint Public Hearing, the fact that another church's application has already been denied, consistency in granting specific use permits, deviating from the intent of the zoning ordinance, violation of a residential neighborhood, other activities that result from such a permit, such as a day care facility, additional activity in a neighborhood when conducting funerals and neighborhoods. Council expressed concern for both the church and the neighborhood. The ordinance was denied on a motion made by Councilman Williams and seconded by Councilman Smith. Question: Ayes: Mayor Pro Tem Nayes: Councilman Ames Davis Councilman Goodson Councilman Cokinos Councilman Smith Councilman Williams -000- Resolution No. 95-24 authorizing a contract with Baptist Physician Hospital Organization (Orange facility) for health care services rendered to City employees, retirees, and COBRA participants and their dependents for a one-year period with annual renewal options, effective February 1, 1995, was approved after Legal Counsel confirmation of no violation of the contracts with the Police and Fire Departments on a motion made by Councilman Smith and seconded by 18 Councilman Williams. Question: Ayes: All Nayes: None -000- (Mayor Moore returned to Council Chambers.) Resolution No.95-25 authorizing acquisition of Parcel 116: Lots 1 through 9, Block 36, Jarrett Addition (southwest corner of Liberty and 14th Streets)for the appraised value of$100,238.00 from the Sisters of Charity of the Incarnate Word for improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan Boulevard was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 95-26 authorizing purchase a Case Model 580L Loader Backhoe for the Water Utilities Department, Water and Sewer Maintenance Division from Equipment Headquarters, Inc. in the amount of $42,199 was approved on a motion made Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-27 authorizing purchase of a Kubota Model 101 RBU-2 rubber track excavator for the Water Utilities Department, Water and Sewer Maintenance Division from Universal Tractor in the amount of $37,899 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the below listed dilapidated structure found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1020 Trinity (Commercial) - Kansas City Southern Railway, owner (17) violations, Staff recommendation to raze within 30 days. The above listed parcel of property has been inspected, is vacant and has been found to be in violation of Section 10-2 and 14-52 of the Code of Ordinances and Section 103.4 of the Standard Building Code. Notices have been sent to owners by Certified Mail and published in the Beaumont 19 Enterprise. The structure listed below has been condemned by City Council and the owners ordered to either raze or repair within a specified time frame. Reinspection of this structure has revealed non- compliance with the Council's order. Authorization is requested from the City Council to demolish this structure in accordance with the Dangerous Structure Ordinance and charge the property owner with the cost of demolition: 1081 Gladys (Commercial). There being no one desiring to address Council, the public hearing was closed. ORDINANCE NO. 95-8 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. Councilman Cokinos asked to preview the structure at 1081 Gladys. Mayor Pro Tem Davis commented that the only bright light in this situation is the two churches on either side, explained that illegal actions have taken place in this building and when it is razed, residents will be placed. He said the pastors of the churches are trying to build a better community in that area, and the building is setting between progress. Ordinance No. 95-8 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None Mayor Moore added that Pastor Bishop and Pastor Maddox, as well as that community, have done an excellent job in some of their efforts to abate crime. -000- Mayor Pro Tem Davis said he attended an interest meeting with members of the Charlton-Pollard Neighborhood Association who were concerned about the views of City Council and "the direction that the City and HUD will go towards development of that neighborhood." He said the meeting was very productive. Councilman Goodson said he enjoyed the meeting Monday evening with members of the BISD Board and appreciated Councilman Smith's insight to her meetings through the National League 20 of Cities and other organizations. He said it is always fruitful when opportunities arise to meet with other governmental entities, and said he looks forward with Mayor Pro Tem Davis and Councilman Williams to seeing more of that activity in the Charlton-Pollard neighborhood. Councilman Smith echoed Councilman Goodson's comments about the meeting with the BISD Board meeting and thinks progress is being made. Mayor Moore added that the meetings with the Charlton-Pollard Neighborhood Association and BISD were two very good meetings because Council received opportunity to understand and hear comments that are not normally dealt with by Council on a day-to-day basis and complimented Council input in the meeting with BISD. -000- Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to report an abandoned service station at MLK and East Pipkin. He said the awning that originally covered the gas island is falling to the ground by recent storm damage, said it presents a health and safety hazard and needs to be considered for demolition. Mr. Henry Dannenbaum, 2880 Grand, addressed Council to speak about celebrating his birthday at First Baptist Church last Wednesday, spoke in favor of BISD Board and the Life Resource Center, and complimented Mayor Moore, the Police Department and the Sheriffs Department for doing a good job. Mr. Walter Nebgen, 6030 Concord, addressed Council to express appreciation for granting the Specific Use Permit today. Ms. Lynn Marie Garsee, 1725 Park, addressed Council to request that when funds are available that the remaining portion of the Langham Terrace Apartment building in the 400 block of Langham between Neches and Park be demolished because it is being used for drug deals, shooting-up and prostitution that are viewed by children in the neighborhood. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- 1, Barbara Liming, Deputy City Clerk of the City of Beaumont, Texas, certify that the above is a true 21 copy of the Minutes of the regular City Council session held January 24, 1995. Barbara Liming Deputy City Clerk 22