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Home My WebLink AboutMIN MAY 03 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 3 , 1983 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 3rd day of May, 1983 , with the follow- ing 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 Hugh Earnest Acting City Manager Lane Nichols Asst. City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Dr. G. W. Daniels, pastor of the Sunlight Baptist Church. The Pledge of Allegiance was led by Councilman Cox. -000- These proclamations were issued: "Nurses Week in Beaumont" - May 2-6, 1983 ; "Nurses Day" - May 6, 1983; "Clean Air Week in Beaumont" - May 2-8, 1983; and "Stash your Trash Week in Beaumont" - May 1-7 , 1983. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 26, 1983; Resolution 83-156 accepting street improvements (Richard Street from Oaks Lane to 131. 86 feet west of Oaks Lane and from Oaks Lane east to the cul- de-sac; Oaks Lane from Richard Street to Rosemary Street; Rosemary Street from Oaks Lane to 120 feet west; McAnelly Drive from Oaks Lane to the cul- de-sac; and Rosemary from Oaks Lane to the cul-de-sac) and water and sewer improvements for Lots 1-12, Block 1 and Lots 1-40, Block 2 of the Deb Oaks Subdivision; Resolution 83-157 accepting the work performed under a contract with A.W. Busby Contracting, Inc. for demolition of condemned buildings at 2893 Con- cord ($2, 502. 65) and 2020 Poplar ($1,787. 96) at a total cost of $4 ,290. 61; Resolution 83-158 accepting the work performed under a contract with Elk Construction Company for demolition of a condemned building at 2080 011ie Street at a total cost of $1,200. 00; Resolution.. 83-159 letting a contract with Hurricane Fence Company for fencing tennis courts on Klein Park in the amount of $3 ,567. 00; Resolution 83-160 authorizing purchase of a pickup flail mower for the Parks and Recreation Department from International Harvester Company at $2, 562. 00; and Resolution 83-161 authorizing execution of a contract with A. W. Busby Contracting, Inc. in the amount of $1,375. 00 for demolition of condemned buildings at three locations: 650 Elm (3 structures) ; 2022 Oakland and 3650 St. Helena (Garage) . The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. . Question: Ayes: All Nayes: None -000- -70- May 3, 1983 Ordinance No. 83-49 changing the zoning from R-3 to GC-MD for Lots 21-24, Block 12, Sunnyside Addition, on the southeast corner of Delmar and For- sythe (requested by Dickie Brocato) was considered: ORDINANCE NO. 83-49 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 R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT ON PROPERTY DESCRIBED AS LOTS 21-24 , BLOCK 12 , SUNNYSIDE ADDITION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVID- ING FOR A PENALTY. and Ordinance No. 83-50 granting a specific use permit for a specialty con- tracting business (parking lot maintenance service) on property described as Lots 21-24 , Block 12 , Sunnyside Addition was considered: ORDINANCE NO. 83-50 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ESTABLISH A SPECIAL TRADE CONTRACTOR BUSINESS ON PROPERTY DESCRIBED AS LOTS 21-24 , BLOCK 12 , SUNNY- SIDE ADDITION. Councilman Deshotel made a motion to approve the ordinance (No. 83-49) changing the zoning and the ordinance (No. 83-50) issuing the specific use permit with an amendment to the attached site plan to change the re- quirement for an eight-foot privacy fence to a six-foot opaque fence; motion was seconded by Councilman Lord. Question: Ayes: All Nayes: None -000- Resolution 83-162 authorizing the purchase of a year' s supply of liquid chemicals (McKesson Chemical Company for 150 tons of Sodium Hydroxide at $197 . 71 per ton; VanWaters and Rogers for 4 , 500 tons of Copper Sulfate at $0. 4595 per pound and 65 tons of Fluosilic Acid at $104 . 50 per ton; Al- lied Chemical Corporation for 600 tons Aluminum Sulfate at $119. 00 per ton; and Jones Chemical Company for 50 tons of Aquaeous Ammonia at $285. 00 per ton plus freight) was approved on a motion made by Councilman Lord with action for purchase of Hexametaphosphate deferred for one week; mo- tion was seconded by Councilman Turner. Question: Ayes: All Nayes : None -000- An ordinance amending Section 1104. 4 of the Standard Building Code to permit the use of 3 ' -0" by 3 ' -0" and 2 ' -0" by 6 ' -0" standard manufactured windows as an exception in bedrooms for emergency egress and omit the word "rescue" from the text was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6. 21 OF THE CODE OF ORDINANCES TO PROVIDE AN EX- CEPTION FOR EMERGENCY EGRESS WINDOWS IN BEDROOMS IN SECTION 1104. 4 OF THE STANDARD BUILDING CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. After a brief discussion, a motion to defer action on this ordinance until Council receives a "letter of support" from the Fire Department was made by Councilman Lord; motion was seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -71- May 3 , 1983 Resolution 83-163 adopting a Recovery Action Program was considered. City Manager Earnest complimented Norman Whitaker, Chief Planner, "for the extreme amount of work . . . in a very short period of time" to develop the plan. Mr. Whitaker told Council "the Urban Parks Program was developed by the Na- tional Parks Service with the realization that cities aren't going to have capital improvements money in their general funds for parks forever . . . . . . With this in mind, the National Parks Service is trying to get cities to identify their highest priority recreational needs and find ways to solve those without using local tax dollars. " Priority A of the plan is a series of different planning and management im- provements which are suggestions for improving the delivery of recreational services on a more or less no cost basis that can be done with existing staff within existing programs. Secondly, there is a list of physical im- provements/construction projects within the parks system. The high priority projects recommended to be done within the next five years, assuming there is financing, , are Caldwood Park, Cottonwood Park, McLean Park, Sprott Park, Wiess Park, Zaharias Park, Klein Park, Magnolia Park and Tyrrell Park Recrea- tional Center. Councilman Turner questioned the effect to the Plan if the following sen- tence were deleted: "One area warranting additional detail study is the pos- sibility of contracting out more of the City' s maintenance and operations functions. " Mr. Whitaker responded that a series of publications from the National Parks Service had been used to develop this Plan and one thing that they repeatedly recommend is that cities study their maintenance operations and recreation program operations and examine the possibility of using contractural services and it was put in the program because it was a "standard State of the Art suggestion. " He said that the Plan could be amended in the letter of trans- mittal to delete the sentence because it is not a part of the final recommen- dations but a part of the inventory process and it should have no effect on the acceptability of the Plan. After a brief discussion, Councilman Turner made a motion to approve the resolution with the Plan amendment of the deletion of the sentence "One area warranting additional detail study is the possibility of contracting out more of the City' s maintenance and operations functions. " The motion was seconded by Councilman Deshotel. Question: Ayes : All Nayes: None -000- Resolution 83-164 authorizing the purchase of Parcel #23, a 0. 0584 acre tract in the Arlington Addition, for right-of-way needed for the Lamar Freeway- Spur 380 Extension (46th parcel of the 49 needed) from Mobil Oil Corporation in the amount of $9, 748. 00 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes : All Nayes: None -000- Resolution 83-165 authorizing Change Order No. 1 in the amount of $31, 365. 00 to Contract 12A - EPA Grant #C-481254-04 - for construction of the Segment 36 Interceptor of the sewer improvement program, contract with Russ Miller Con- struction Company (total contract to $1, 179,746. 00) was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question: Ayes: All Nayes : None -000- Resolution 83-166 authorizing purchase of fittings, gate valves and valve boxes from Greson Technical Sales and Golden Triangle Pipe & Water Supply was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question: Ayes : All Nayes: None -72- May 3 , 1983 Resolution 83-167 authorizing execution of a contract for construction of a replacement for the Gorman Street bridge and installation of additional culverts for the 23rd Street-Hillebrandt Bayou crossing with S & S Enter- prises in the amount of $156,130. 29 was approved on a motion made by Coun- cilman Deshotel and seconded by Councilman Cox. Question: Ayes: All Nayes: None -000- A resolution authorizing a lease purchase agreement for a copier for the first floor of City Hall was deferred one week on a motion made by Council- man Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution ' 83-168 authorizing a 36-month lease purchase of a coin-operated copier for the Beaumont Public Library from Office Development Systems, Inc. at $8, 995. 68 was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes : None -000- Resolution 83-169 authorizing final payment of $15,525. 81 for reroofing and repairs to Tyrrell Historical Library by Winter King and Son 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 Council that all the below-listed structures are in violation of Article III. Sec- tions 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont, Texas, and that all notification procedures have been met. 992 Avenue A - Scott McComas, owner & Tony Summers, with contract for sale 17 violations) , recommendation to raze within 5 days; 805 DeVilleneuve - Mrs. Willie Lyons; Jenkins Lyons, Sr. ; Jenkins Lyons, Jr. ; Joe H. Lyons; Sylvia Lyons and Bridie Ray Duke; owners (9 violations) - recommendation to raze within 30 days; 185 E. Gill - Ms. Ida Vestal, owner (10 violations) , recommendation to raze or repair within 30 days; 1074 Long - Adam Coward, Sr. c/o Dan E. Coward and Adam Coward, Jr. , owners (18 violations) , recom- mendation to raze or repair within 30 days; 2775 San Antonio - Charles E. Veroun, owner (9 violations) , recommendation to raze within 30 days; and Hollywood Village Apartments - 3485 Hollywood - George Sears McGee (contract for deed) and Nelson R. Cambell, owner (18 violations) , recommendation to raze or repair within 30 days. Mr. Gardner told Council that Hollywood Village Complex is divided into six (6) Courts - Carver Courts, Daniel Courts, Freedom Courts, Elijah Courts, Adams Courts and Booker Courts. He said that 99 of the 150 units were in violation of the Dangerous Structures Ordinance. These violations are basically the result of fire damage, vandalism, lack of maintenance, weather, termites, plumbing problems, etc. Mr. Gardner told Council that the units are made up of either duplex or four-plex and some are occupied. He told Council that 2 units have been rehabilitated and released for occupancy and an additional 3 units have neared completion. Mr. Gardner told Council that on his inspection on May 2, 1983, 98 units were properly secured, one unit needed to be secured and two needed additional se- curing; 40 units are occupied and 10 units are being rehabilitated - 2 of which have been released for occupancy. Mayor Neild called the public hearing to consider citizen comments concern- ing the above listed structures. Mr. George McGee, Austin, Texas, and holder of a contract for deed for Hol- lywood Village Apartments addressed Council to outline his goals for rehabil- itation of the complex. He told Council that he was seeking private finan- cial backing. He asked Council to allow six month time for substantial re- -73- May 3, 1983 habilitation to the units. He said that the two-bedroom one-bath units rent for $180. 00 per month and that he hoped to have all units rehabilitated and occupied within 1z years. After discussion, Ordinance No. 83-51 declaring the structures located at 992 Avenue A, 805 DeVilleneuve, 185 E. Gill, 1074 Long and 2775 San Antonio as dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 83-51 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 on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question: Ayes: All Nayes : None Councilman Lord made a motion to allow six-months extension to Hollywood Village for rehabilitation and require a progress estimate at the end of that time. Councilman Cox seconded the motion. Question: Ayes : All Nayes: None -000- Councilman Turner mentioned the possibility of securing a consultant/pro- fessional audit committee to look for opportunities for increased revenues/ decreased expenses within any of our operating units or enterprise funds. Council members requested that Mr. Turner provide them with data/informa- tion for their review. Councilman Lord requested a Workshop discussion on policies governing River- side Park and the Julie Rogers Theatre. -000- Mr. Jack Farley, 2270 Gladys, addressed Council to invite them to a luncheon Monday, 'May 9th, to honor Judge Quinton Keith, recipient of "Respect for Law" presentation by the Beaumont Optimists. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Myrtle Corgey, 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 May 3, 1983. Myrtle Corgey City Clerk -74- May, 3 , 1983