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HomeMy WebLinkAboutMIN SEP 28 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 28 , 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 28th day of September , 1982 , with the following present : HONORABLE: William E. Neild Mayor Bill Cox Councilman , Ward I Evelyn M. Lord Councilman , Ward II Joseph D. Deshotel Councilman , Ward III Wayne Turner Councilman , Ward IV Ray Riley City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney -000- The Invocation was given by Mr. Max Dawson , Pinecrest Church of Christ . The Pledge of Allegiance was led by Mayor Neild. -000- The following proclamations were issued : "Dr. David William Quick, Jr. Day" (Exchange Club' s Golden Deeds Award recipient ) , September 30, 1982 ; "DAV Handicapped Parking Awareness Month in Beaumont" - October, 1982; and "Goodwill Day in Beaumont" - October 2 , 1982 . -000- The following Consent Agenda items were considered: The Minutes of the regular City Council session held September 21 , 1982 ; Resolution 82-357 appointing Patty Cantella, Chairman ; Milton Bell ; Bruce O' Bannion ; Preston Shaw; Warren Goehringer ; Ron Lanier , Alternate; to the Zoning Board of Adjustment , terms expiring September 30 , 1984 ; Resolution 82-358 appointing Arden Loughmiller , Joshua Allen , and Judge Larry Gist to the Clean Community Commission , terms expiring September 30, 1984; Resolution $2-359 authorizing execution of a contract with the Beaumont Housing Authority for closed container sanitation service to be provided for six housing projects for a charge of $3 , 700. 00 per month for one year effective October 1 , 1982 ; Resolution 82-360 authorizing the purchase of 200 folding chairs for use in the remodeled Central Park Community Center from Fernon ' s at $10. 99 each for a total of $2 , 198 . 00 ; Resolution 82-361 authorizing payment of $3,600. 00 to Owens-Corning Fiber- glas Corporation for emergency repairs to the drafting pit at the Fire Department Training Grounds; and Resolution 82-362 authorizing purchase of an hydraulic pipe puller for the Street Department from Sandvick Equipment at $5, 197. 96. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- -171- September 28 , 1982 MAYOR NEILD : I ' d like to make one comment in connection with the Consent Agenda. I think it is worthy of notation that there are some new appointments to the Board of Adjustment and that we have some members who will be leav- ing us at this time and I 'd like to point out that two of these members have served on this committee for some twenty years and I think that ' s an outstanding service record and contribution to this City - time and effort - and that ' s Mr. Weinbaum and Mr. Lefler; and Mr. Cobb and Mr. Broussard and Mr. Hanks , who have served for some 7 or 8 years, so we are pleased to see new participation but also we want to recognize the outstanding service these gentlemen have performed. -000- Continuation of the public hearing on the request for change in zoning from RM-H to GC-MD for property at 3190 S. 11th and for a specific use permit at the same location : CITY MANAGER : Item I is an ordinance : (ORDINANCE NO. 82-113) 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 RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE DWELLING) DISTRICT, BEAUMONT, JEFFER- SON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED ; PROVIDING FOR A SPECIFIC USE PERMIT; IMPOSING CONDITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. With regard to this application, I believe that a public hearing will be required which will be continued or a public hearing will be required on the part of the City Council. It ' s already been held by the Planning Commission. I ' ll ask Mr. Torres to explain the request . MR. JESSE TORRES , Asst . Planning Director: Due to the lengthy agenda that was considered by the Planning & Zoning Commission in joint session with the City Council , this particular item was not considered by both bodies. It is a request by Mr. George Tubbs, the engineer for Natikin Electric Company, who is located at 3190 South llth Street . At the time of the public hearing, the Planning Commission did consider the request and at the present time , the City Council will be considering it in a public hearing. The application was filed contemporaneously for a zone change and a spe- cific use permit to allow the existing company, Natkin Electric, to expand their existing facilities located on the northern 100 feet of this appli- cation on the sourthern portion of it . The total area on the request in- volves some 6. 17 acres. It has 331 feet of frontage on 11th Street , 974 feet on Waverly Avenue. Existing zoning is as follows : North of the ap- plication, the zoning is General Commercial - Multiple Dwelling. It is the location of the contracting business owned by Natkin Electric and then further to the north there are several commercial uses. East of the appli- cation , across 11th Street , the zoning is also GC-MD. It is a vacant lot . Then , northward there is a car wash. South of the application across Waverly, the zoning changes to Residential Multiple Dwelling - High Density. There are 12 single family residences in the portion of Waverly from 11th Street westward to the . . . I believe those are the Santa Fe tracks. And then , finally, the application is boarded on the West by the Santa Fe tracks . It is important to note that the Comprehensive Plan Designates this area as a Conservation and Revitalization area. -172- September 28, 1982 MR. TORRES continued: Existing utilities are a 60-inch sanitary sewer in 11th Street and storm drainage by open ditch on llth and south to Fannett Road. Water line is a 12-inch line in llth Street . Waverly in this location is designated as a Local Residential Street , having a 60-foot right-of-way and a 20-foot pave- ment . llth Street is designated as a Major Arterial. It has a 120-foot right-of-way and 22-foot pavement . Fire protection in the area occurs from Station #10 at 3855 Washington Boulevard. In analyzing the request for the zone change , we note to you that the appli- cant ' s property has 100 feet of GC-MD zoning along its northern boundary. Waverly is a Local Residential Street with a narrow pavement and property south of Waverly Street are all single family residential dwellings. Approval of the zone change to GC-MD will require a 10-foot landscape buf- fer with an 8-foot privacy fence on the applicant 's southern boundary fronting on Waverly Street . The request is contrary to planning principals which state that zoning districts should transition at rear property lines and not side to front property lines as in the case of the current request for zone change. The request for rezoning is being considered simultane- ously with the request for the Specific Use Permit . Both of these are re- quired for the applicant ' s business to expand onto the desired location. The staff recommended to the Planning Commission that due to the relation- ship of the subject property to the abutting single family uses across Waverly, the staff would be opposed to the granting of the zone change by itself . There is a need in this location for a transition of zones between the General Commercial and the Single Family Residential . The staff does feel that the issuance of the Specific Use Permit would constitute an ap- propriate transition should adequate provisions be made for protection of the single family development south of Waverly. Secondly, the request for Specific Use Permit . . . I ' ll describe the request for you. It is a mechan- ical contractor business with storage and fabrication sheds. The business hours are 8 : 00 a.m. to 5 : 00 p.m. Monday through Friday. Boundaries of the area are 6. 17 acres. All the buildings shown in the site plan are single story structures 15-feet in height . The largest of these has a 50 x 78 foot fabricating shop use. Entrances and exits are to each separate build- ing. Existing .drainage is to open ditches on llth Street then south to Fannett Road. Proposed landscaping and screening - the ordinance does re- quire an 8-foot privacy fence and a 10-foot landscape buffer on the south- ern side of the property. Curb cuts - one is proposed at 20-feet on the southern boundary of the application on Waverly. Parking and loading will be provided for each existing and proposed building. There are no new pedestrian walkways proposed in conjunction with the request for the Spe- cific Use Permit . Security lighting will be provided for each building and trash storage will be provided for each existing building. The maxi- mum size for signs in this location will be as per the requirements in the GC-MD district . In consideration of the site plan submitted by the applicant , the staff felt that conditions 4 & 7 . . . these were in relation to access to Waverly Street and the buffering and landscaping . . . had not been adequately ad- dressed by the Applicant . The staff recommended to the Planning Commis- sion that one , by limiting access to Waverly Street , protection could be afforded to the residential uses of this particular residential street ; and, two, that the applicant ' s site plan should be corrected to show the required 10-foot landscape buffer and privacy fence on the southern bound- ary. Since the time of the public hearing, the applicant has taken his site plan back and added these two conditions since they were made a part of the Planning Commission ' s recommendation - the two conditions were, first , that access would be allowed only to llth Street , that no access would be allowed to Waverly and secondly the 10-foot landscape buffer strip with an 8-foot privacy fence to have wooden slats inserted among the open- ings in the screen would be provided along the southern boundary of the property. The Planning Commission did make this recommendation by a vote of 6-1. and we notified 31 property owners of the zone change and Specific Use Permit application. We received no replies either in favor or in op- position to either of the requests. -173- September 28 , 1982 MAYOR NEILD : I think at this time that this will be a continuation of the public hear- ing that was to be reconvened at this date for anyone who would like to come and speak in connection with this change so this will be conducted very similar to a Planning & Zoning meeting; however , the Council will finish hearing the presentation from anyone who would like to come and ad- dress the Council in connection with support of this change. Come to the podium and give your name and address and those who would like to speak against it . So, at this time , is there anyone who would like to come and speak for the change? If not , is there anyone who would like to speak in opposition? If there ' s not , then I will close the public hearing in connection ivith this zoning recommendation . All right . I will declare the hearing closed and we are now at the ordinance. Discussion was held concerning the necessity of the privacy fence. it was stated that the Commission felt that in some cases the landscaping in conjunction with the fence was not effective and, after discussing it at length, felt the only appropriate thing would be the requirement of wooden slats to be inserted in the cyclone fence for a visual barrier between the electrical contractor and the residential lots to the south. Councilman Turner made a motion to approve the ordinance with three amend- ments : first , that the Specific Use Permit be coupled with the zone change; secondly , the deletion of the opaque fence requirement ; and third, to increase the buffer strip area from 10-foot to 20-foot . Motion was seconded by Councilman Lord. After further discussion , question was called: Question : Ayes : Councilman Cox Nayes : Mayor Neild Councilman Deshotel Councilman Lord Councilman Turner Ordinance No. 82-113 was approved. -000- An ordinance changing the zoning from RM-H to GC-MD for property at 1225 Wescalder Road was considered: AN ORDINANCE 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 MAPS OF BEAUMONT, TEXAS, BY CHANGING PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR REPEAL; AND PROVIDING A PENALTY. MR. TORRES : This is a request by Mr. Lucky Acker fora zone change from RM-H to GC-MD for a 2. 3 acre tract located at 1225 Wescalder. The staff recommended denial of the request based on the fact that Wescalder is a Local Resi- dential Street . Secondly, that the request is contrary to the adopted Com- prehensive Plan for the area which designates the area as a Neighborhood Growth Unit and finally, that the request was an encroachment . . . would constitute an encroachment of the existing General Commercial zone on Major Drive into this residential area. The Planning Commission , by a vote of 4-3 , recommended denial of the request . Prior to the meeting to- day, we received some letters from residential property owners in the area that was solicited by Mr. Acker in relation to this application . He only -174- September 28, 1982 sent us some photographs. In checking the record, there were 7 letters that he sent back to us . . . The notices mailed to property owners were 13. One of those was the notification we sent to Mr. Acker , so actually pro- perty owners, there were 12 notices sent . Of the seven letters that he returned to us today , I verified that 4 of those were actual Property owners on our property ownership list so then that would be 4 out of 12 that re- sponded in favor of granting the zone change. COUNCILMAN LORD: Jesse, were these done within . . . to us within the deadline to be counted? MR. TORRES : As I understand it , it ' s prior to the vote by the Council and they were received by us this morning in the mail . COUNCILMAN LORD : That ' s the way the law reads? MR. LANE NICHOLS, Asst . City Attorney: That ' s right . Well , there are some cases that deal with how lat the pro- tests can be made. It ' s before the action is taken by the Council. COUNCILMAN LORD : It isn ' t before the public hearing? MR. NICHOLS : It ' s not before the public hearing. COUNCILMAN LORD : And, there is no date put on the thing, time and when , they have to re- spond? What does your letter say? MR. TORRES: The letter only indicates the public hearing will be the only public hear- ing to be held on the matter and that the response should be made to the staff or mailed in prior to the public hearing. COUNCILMAN LORD : That ' s not , I take it , legally binding then. MR. NICHOLS: As we understand it , the protest is provided for by statute and we can' t draw the line any other place than the Council action . Now, these are cases from other states. It ' s never been construed in Texas. COUNCILMAN LORD: That ' s fascinating. I speak because it bothers me not relative to the point at all but here we have great long history of public hearing after public hearing where people come and speak and think that ' s the end of it and all of a sudden we have this in front of us that says 'No, it isn 't the end of it . ' Right? MR. NICHOLS : Well , I think you are right in that the rules may very well change. COUNCILMAN LORD: . I can remember one time that a person passed one in at the meeting and they were told that it was too late - now, usually we take them there at the meeting, but . . . -175- September 28, 1982 MR. NICHOLS : That would have been incorrect . COUNCILMAN LORD: Thank you. MAYOR NEILD: Are you finished. Jesse, do you have some more? So , of the 12 that you've received, 4 are on the list . MR. TORRES: That ' s correct , Mayor. MAYOR NEILD: Are there any of . . . can you tell me any of those names in the residential subdivision across the street? MR. TORRES : I believe that two of them are in that residential addition across the street but outside the 200 feet notification list . MAYOR NEILD: I have one here that the man lives on Laura Lane as it comes into Wescalder that was sent to me by someone. Well , the recommendation of the Planning Department is what again, Jesse. MR. TORRES : Denial of the application. MAYOR NEILD: On the basis of 4 to 3. All right . Does anyone else have any other ques- tions? Is there a motion? Councilman Turner made a motion for denial of the ordinance; motion failed for lack of a second. Councilman Deshotel made a motion to approve the ordinance; motion was se- conded by Councilman Cox. Question : Ayes : Councilman Cox Nayes : Mayor Neild Councilman Deshotel Councilman Turner Abstained : Councilman Lord Ordinance failed to pass . Councilman Lord moved that the item be postponed a week for further study into the possibility that the City, being a Homerule City, enact an ordi- nance that established a deadline for such responses. -000- . Ordinance No. 82-114 granting a specific use permit for a restaurant and lounge for the sale and consumption of alcoholic beverages at 4120 College (requested by Art Hanson) was considered : ORDINANCE NO. 82-114 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPE- CIFIC USE PERMIT TO OPERATE A BUSINESS FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 4120 COLLEGE. -176- September 28, 1982 The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Ordinance No. 82-115 granting a specific use permit for construction of a single family residence exceeding the maximum height for the RS zoning district at 90 Avenue of the Oaks was considered : ORDINANCE NO. 82-115 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO BUILD A SINGLE FAMILY RESIDENCE WHICH EXCEEDS THE MAXIMUM HEIGHT IN AN RS (RESIDENTIAL SINGLE FAMILY) DISTRICT ON PROPERTY LOCATED AT 90 AVENUE OF THE OAKS. The ordinance was approved on a motion made by Councilman Deshotel and se- conded by Councilman Turner. Question : Ayes : All Nayes: None -000- An ordinance changing the zoning from GC-MD to RCR for 13 lots in Blocks 5 & 6 of Rosedale Addition was considered: AN ORDINANCE 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 PROPERTY DESCRIBED BLOCK 5 , LOT 4 TO 10 AND BLOCK 6 , LOT 5 THROUGH 10, ROSEDALE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED 1C-MD (GENERAL COMMERCIAL- MULTIPLE DWELLING) DISTRICT TO RCR (RESIDENTIAL CONSERVATION & REVITALIZATION) DISTRICT, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. The ordinance was denied on a motion made by Councilman Deshotel and se- conded by Councilman Turner . Question : Ayes : Mayor Neild Nayes : Councilman Cox Councilman Lord Councilman Deshotel Councilman Turner -000- Ordinance No. 82-116 granting a Specific Use Permit for a barber shop at 5675 Concord Road was considered: ORDINANCE NO. 82-116 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE A BARBER SHOP ON PROPERTY LOCATED AT 5675 CONCORD ROAD. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- -177- September 28, 1982 Ordinance No. 82-117 designating a roadway leading from Pine Street to the landfill and Southwell Landing as a public street and naming the street "Brakes Bayou Road" was considered : ORDINANCE NO. 82-117 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS , AND IN PARTICULAR THE NAME OF THAT CER- TAIN UNNAMED STREET RIGHT-OF-WAY TO BRAKES BAYOU ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 82-363 authorizing execution .of a contract with Midwest Me- chanical Contractors, Inc. for improvements to the Surface Water Treatment Plant on Pine Street in the amount of $6 ,106 , 120. 00 (Contract No. 3) was approved on a motion made by Councilman Turner and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 82-364 accepting the work performed under a contract with Wat- kins Construction Company for modifications to Fire Station No. 3 and authorizing final payment of $15, 365. 00 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes: None -000- Ordinance No. 82-118 amending Section 25-23 of the City Code establish- ing speed limits was considered: ORDINANCE NO. 82-118 ENTITLED AN ORDINANCE AMENDING CHAPTER 26 , SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM AND MINIMUM SPEED LIMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PRO- VIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and s.ecQnded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 82-365 '- uthorizing the purchase of a parcel of land for right- of-way for the Segment 36 Interceptor and the Dowlen Road Extension from George E. Murphy, et ux, at a cost of $13 , 500. 00 was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 82-366 authorizing purchase of 15 patrol cruisers and 10 detec- tive cars for the Police Department from Kinsel Ford , Inc. at $210, 145. 00 was approved on a motion made by Councilman Turner and seconded by Council- man Deshotel . Question : Ayes : All Nayes : None -000- -178- September 28, 1982 Resolution 82-367 awarding a six-month contract for supplying ready-mix concrete (5-sack cement mixture at $54. 20 per cubic yard plus or minus $1. 95 per sack for different mixtures and an add-on of $3 .00 for high early cement ) with Beaumont Ready Mix Concrete , Inc. , was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 82-368 authorizing purchase of data processing equipment and software from Devcom Mid America, Information Solution , Hall-Mark Elec- tric Corporation , and Helena Labs and execution of maintenance contracts with Devcom. Mid America, Information Solution , Helena Labs and TRW Customer Service was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Public Hearing called on Passenger Amenities Transit Grant Application : CITY MANAGER RILEY: The next item is a public hearing which is in . . . with regard to the Passenger Amenities Transit Grant application. We probably ought to .ask Mr. Ternus to recite this because this project has been the sub- ject of a number of public hearings and several applications and I think the Council has reviewed this any number of times ; but , again , we' ll . . . to short circuit the total amount . . . The application was authorized by City Council on June 9 of 1981. The program provides for the purchase and installation of 10 shelters , 100 benches , 60 litter receptacles , 50 litter barrels , display stands -- all of this related to our Central Transfer Point and for installation through- out the bus system. Prior to our having the grant or the applica- tion or the contract approved, the prices changed and it was recom- mended to us that we increase the application for the grant and the total project costs now based on today' s values is $102, 165. 00. The public hearing then is necessary in order for us to amend our appli- cation for the funds. The various ratios and the part of the grant remains the same in that there are $13 ,281. 00 in State funds ; $81 , 732 . 00 in the Federal grant ; and the City' s share is $7 , 152. 00. 1 believe that ' s something like 80, 13 , and 7 is the ratio. The application remains exactly the same. The only difference . . . and the ratios remain the same. The only difference is that the prices with the concurrence of UMTA is being reflected to show what is an- ticipated for the acquisition of this type of equipment . In order for us to make this application or to sign the grant contract agree- ments, it is necessary that we conduct a public hearing prior to consideration of that agreement . MAYOR NEILD: With that in mind, we will call a public hearing on the Passenger Amenities Transit Grant Application . And, if there is anyone that would like to speak for or against the application , would you please come to the podium and give us your name and address? (No one addressed the public hearing. ) If no one wishes to speak in connection with the public hearing, I will call the public hearing closed. -000- �179- September 28, 1982 Resolution 82-369 authorizing execution of grant contract agreements for aid in the purchase of the passenger amenities project for the Beaumont Municipal Transit System with the United Stated Department of Transporta- tion was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- Public Hearing to consider dilapidated structures was called: Mr. George Gardner, Director of Urban Rehabilitation Division , told Coun- cil that all the below-listed structures are in violation of Article III , Sections 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont , Texas, and that all notification procedures have been met . 2965 WILLARD - Thomas Ford, owner (26 violations - extensive fire damage) , recommendation to raze within 30 days. Mr. Jesse English, attorney for the owner , Mrs. Ford, requested additional time be allowed for rehabilita- tion of the structure or demolition of the structure so that another can be moved on site. 428 Buford, Joe O' Fiel , owner (9 violations) , recommendation to raze or repair within 30 days; 701 Forsythe, John P. Cannon , owner (14 violations) recommendation to raze or repair within 30 days; 4060 Lou Street , Ms . Sybil Gayles, owner (7 violations ) , recommendation to raze within 30 days ; 2020 Poplar, Guy Albert Jones, owner (.17 violations) , recommendation to raze or repair within 30 days; and 210 E. Simmons, Mrs. M. E. Fowler , owner (.23 violations) , recommendation to raze within 30 days. Public Hearing closed. ORDINANCE NO. 82-119 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING REPAIR OR DEMOLITION; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. The ordinance was approved (Section 2 amended to allow the structure at 2965 Willard to be razed or repaired within 60 days) on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Councilman Turner questioned the status of the structure located at 4964 Highland Avenue. Mr. Gardner responded that the structure is still in- volved in litigation but other inspections are being made. Councilman Lord questioned the status of the Dog Ordinance. -000- Mr. Forrest Posey, 3695 Edna Street , addressed Council to complain that his -.property had received damage as a result of Storm Sewer Improvements project and requested that the problem be corrected. -000- There being no further business , the meeting was recessed- before continu- ing with the City Council Workshop Session . -000- I , Rosemarie Chiappetta, 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 September 28, 1982. Rosemarie Chiappetta Deputy City Clerk -180- September 28, 1982