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MIN JAN 07 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 7, 1992 -- 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 7th day of January, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor Lulu L. Smith Mayor Pro Tem and Councilman, Ward I Andrew P. Cokinos Councilman-At-Large Brian R. Alter Councilman-At-Large 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 -000- The Invocation was given by Mr. Mike Bradshaw, pastor of Washington Boulevard Christian Church. The Pledge of Allegiance was led by Mr. Tom Warner, Director of Public Works. -000- No citizens wished to address City Council on items contained in the Consent Agenda and items 6 & 7 of the Main Agenda. -000- Councilman Cokinos requested that Consent Agenda item "e" be pulled for additional information; Councilman Goodson requested that item "f" be pulled to be voted on separately, saying he serves as counsel for the Jefferson County Housing Finance Corporation. The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held December 19, 1991; Resolution No. 92-1 authorizing withdrawal of $100, 000 in U. S. Treasury Notes and the pledge of $70, 000 in Montgomery County Municipal Utility District Bonds, securities held as collateral for city deposits by Parkdale Bank; -1- January 7, 1992 Resolution No. 92-2 appointing Lee Frank to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect, for a term expiring June 30, 1993 ; Lory M. Warton and Bruce A. Hamilton to the Historical Landmark Commission, for terms expiring October 31, 1993 ; Catherine Tyrrell and Sally Dooley to the Library Commission, for terms expiring October 31, 1993 ; Ozella Rasberry to the Senior Citizens Advisory Committee, for a term expiring September 30, 1993 ; George Hudspeth, Jo Ann Polk and Ben Hansen to the Sister City Commission, for terms expiring December 31, 1993 ; Herman Rogers to the Small Business Revolving Loan Fund Advisory Committee, for a term expiring December 31, 1993 ; Bruce Johnson to the Transit Advisory Committee, for a term expiring June 30, 1993 ; and Yvonne Osborne to the Board of Directors of the Reinvestment Zone No. 1, for a term expiring December 31, 1993 ; and confirming Van Daniels as vice Chairman of the Parks and Recreation Advisory Committee; Resolution No. 92-3 authorizing the purchase of 233 full circle clamps for the Water Distribution Division from International Supply of Lufkin at an cost of $11,085.46; and Resolution No. 92-4 authorizing the purchase of cement stabilized sand from APAC-Texas, Inc. of Beaumont at $8.25 per ton for use by the Water Department for the repair of water line and meter box areas. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-5 to assign authority to the Jefferson County Housing Finance Corporation for the 1992 Single family mortgage revenue bond program was approved on a motion made by Councilman Alter and seconded by Councilman Cokinos. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Smith Councilman Cokinos Abstained: Councilman Alter Councilman Goodson Councilman Samuel Councilman Moore -000- Resolution No. 92-6 consenting to creation of Jefferson County Emergency Services District No. 1, encompassing Bevil Oaks and an area of northwest Jefferson County, within Beaumont' s zone of extraterritorial jurisdiction, subject to action by Jefferson County Commissioners Court on petitions requesting an election on the proposal was considered: -2- January 7, 1992 Councilman Cokinos expressed his concerns for allowing establishment of the Emergency Services District within the city's extraterritorial jurisdiction, saying this is the only way for the City to grow and questioning why the City could not levy a tax for this service. He further stated that he thought the item should be workshopped. City Attorney Nichols told Council that the City has no authority for limited purpose annexation, such as for fire protection only, but would have to provide all city services to an annexed area. After further discussion, Mayor Pro Tem Smith made a motion to approve the resolution; motion was seconded by Councilman Samuel. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Smith Cokinos Councilman Alter Councilman Goodson Councilman Samuel Councilman Moore -000- A Public Hearing was called to consider a request for a zoning change from Rs (Residential Single Family Dwelling) to LI (Light Industrial) for about 16. 5 acres on the north side of Washington Boulevard west of Wright's Scrap Metal Yard at 5802 Washington Boulevard. The rezoning request was made by M. J. Wright for expansion of the Wright's Scrap Metal Yard - about 13 .987 acres would be used for the expansion and the other 2 .26 acres would be made available for other industrial use. Mr. Murray Duren, Senior Planner for the City, stated that, after considering the request at a public hearing on December 16th, the Planning Commission voted 5-0 to recommend that 16 acres be rezoned to C-M (Commercial-Manufacturing) and that the remaining 0.519 of an acre, a portion of the property lying north of James Gulley, not be changed from the present RS classification. There being no one to address the matter, the public hearing was closed. Ordinance No. 92-1 authorizing a zoning change from RS (Residential Single Family Dwelling) to C-M (Commercial-Manufacturing) for about 16 acres on the north side of Washington Boulevard east of Langham Road was considered: ORDINANCE NO. 92-1 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING -3- January 7, 1992 Ordinance No. 92-1 continued: DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO C-M (COMMERCIAL-MANUFACTURING) FOR 16 ACRES OUT OF BLOCK 26 AND 27, T. H. LANGHAM SUBDIVISION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- - Public Hearing was called to consider a request for a zoning change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) for property on the southwest corner of Brighton and Avalon. The rezoning request is being made by Carl L. and Yvonne Callison to allow construction of a four-unit townhouse on a 318 .5-by-120-foot lot. Mr. Duren stated that the Planning Commission, at a public hearing on December 16th, voted 5-0 to recommend denial. The Planning Division staff also recommended denial on the grounds that the change would result in an improper transition in zoning that could allow land uses incompatible with the surrounding residential development. Of the 14 notices sent to owners of property within 200 feet of the location, one responded in favor of the change and five responded in opposition to the change. The five protesting the change represent 25 percent of the property ownership within 200 feet, which invokes the 1120 Percent Rule" of the Zoning Ordinance which requires an affirmative vote of at least three-fourths of the entire City Council or at least six favorable votes. Those wishing to address the public hearing were invited to do so: Mr. John Jackson, 1420 Avalon, addressed Council to ask for clarification of the 1120 Percent Rule" and to say that he was opposed to the proposed zone change. Mr. David Suire, 1395 Avalon; Mrs. Virginia Condon, 1195 Avalon; Messrs. Cecil Spears, 1375 Avalon; Richard Lowe, 7781 Lawrence; and Otis Gilkerson, owner of 1370 Avalon; and Mrs. Jeannette Quick, 1350 Avalon, addressed Council in opposition to the proposed zone change. There being no other to address the issue, the public hearing was closed. -4- January 7, 1992 An ordinance authorizing a zoning change from RS (Residential Single Family) to RM-M (Residential Multiple-Family Dwelling-Medium Density) for property on the southwest corner of Brighton and Avalon 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 THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO RM-M (RESIDENTIAL MULTIPLE-FAMILY DWELLING-MEDIUM DENSITY) ON PROPERTY LOCATED ON LOT 20, BLOCK "A", MAYFAIR ADDITION, 0.877 ACRES AT THE SOUTHWEST CORNER OF BRIGHTON AND AVALON, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Cokinos; motion was seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- - Public Hearing was called to consider a request for a Specific Use Permit for a business office at 1470 Avenue F to serve as an adjunct to the Adams House Adolescent Residential Program for Boys at 1490 Avenue F in an area zoned RM-H (Residential Multi-Family Dwelling-Highest Density) . Mr. Duren told Council the request is being made by Land Manor, Inc. for conversion of a 1,260-square-foot residence into an office to be operated during normal business hours by a staff of six employees. The Planning Commission voted 5-0 to recommend approval of the request at its meeting held December 16th. No one wished to address the public hearing; the public hearing was closed. Ordinance No. 92-2 authorizing issuance of a Specific Use Permit for a business office at 1470 Avenue F was considered: ORDINANCE NO. 92-2 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE ESTABLISHMENT OF A BUSINESS OFFICE AT 1470 AVENUE "F" TO SUPPORT A SOCIAL SERVICE ON PROPERTY ZONED RM-H (RESIDENTIAL MULTIPLE-FAMILY DWELLING-HIGHEST DENSITY) BEAUMONT, JEFFERSON COUNTY, TEXAS. -5- January 7, 1992 Ordinance No. 92-2 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Moore. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Smith Councilman Cokinos Councilman Alter Councilman Moore Abstained: Councilman Goodson Councilman Samuel -000- - Public Hearing was called to consider proposed amendments to the Historical Landmark Section of the Zoning Ordinance to adopt certain parts of Senate Bill 923, amending Chapter 315 of the Local Government Code. It was stated that one change provides for the imposition of a penalty established by SB 923 which could be as high as the cost of total reconstruction for demolishing or adversely modifying historical structures without a demolition or building permit. A second amendment would require that the Secretary of the Historical Landmark Commission be notified 30 days in advance prior to the issuance of any building permit for the demolition, relocation or adverse modification of any historical structure. The Historical Landmark Commission voted 8-0 to recommend that the amendments be approved at its meeting held October 14th; the Planning Commission voted 5-0 to recommend approval after conducting a public hearing December 16th to consider the the item. There being no one desiring to address Council, the Public Hearing was closed. Ordinance No. 92-3 authorizing amendments to the Historical Landmark Section of the Zoning Ordinance to adopt certain parts of Senate Bill 923, amending Chapter 315 of the Local Government Code was considered: ORDINANCE NO. 92-3 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REGULATE ACTS THAT DEMOLISH OR ADVERSELY AFFECT THE STRUCTURAL PHYSICAL INTEGRITY OF A HISTORIC STRUCTURE OR PROPERTY; PROVIDING FOR FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Goodson and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -6- January 7, 1992 A Public Hearing was called to consider an application by Mr. A. J. "Tony" Fasulo, Fasulo Paint and Body Shop, 1240 M. L. King, Jr. , Parkway, for an emergency wrecker service permit. There being no one to address the matter, the public hearing was closed. Resolution No. 92-7 authorizing the issuance of an emergency wrecker service permit to Mr. A. J. "Tony" Fasulo, Fasulo Paint and Body Shop, 1240 M. L. King, Jr. , Parkway, was considered: City Manager said the resolution provides that "WHEREAS, A. J. "Tony" Fasulo has submitted an application to the City of Beaumont for a license to operate an auto wrecker service within the corporate limits of the City of Beaumont . . . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT it is hereby found that public convenience and necessity for an additional emergency wrecker exists and, if all other requirements of law are met, the Police Department is hereby authorized to issue a permit for such wrecker to A. J. "Tony" Fasulo. " The resolution was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-8 authorizing execution of an amendment to the lease agreement with the Beaumont Art Museum by increasing the monthly payments from $12,500 to $13 ,750 effective January 1, 1992 and by making a one-time payment of $18,750 in consideration of the museum's agreement to assume responsibility for all maintenance of the building and grounds was approved on a motion made by Councilman Alter and seconded Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution 92-9 authorizing Change Order No. 1 to the contract with Ace Clark Company for the Wuthering Heights Park Improvements Project to cover additional asphalt for the newly constructed driveway and approximately 422-feet of additional nature trail in the amount of $4, 555. 00 increasing the contract amount to $47, 862 . 00, accepting the work as completed and authorizing final payment to the contractor in the amount of $7,497.93 was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -7- January 7, 1992 A public hearing was called to consider the below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3920 Ethel (Shed) , 15 violations, Ellen Harmon, owner, staff recommendation to raze within 30 days; 3345 Glenwood (21 violations) , Florence Mayhall, owner, staff recommendation to raze within 30 days; 2405 Harriot (21 violations) , Janie Jackson, owner, staff recommendation to raze within 30 days; 2480 Harriot (21 violations) , Louis Rossette, owner, staff recommendation to raze within 30 days; 2115 Joachimi (21 violations) , Martin McKinley Proter et ux, owner, staff recommendation to raze or repair within 30 days; 2395 Orange (20 violations) , Christy Knowles c/o Bobby Knowles, owner, staff recommendation to raze within 30 days; 2325 Park (18 violations) , staff recommendation to raze or repair within 30 days and 2325 Park, Garage, (6 violations) , staff recommendation to within 30 days; Florence Lee Heinrich c/o Florence Marie Hayden, owner of both structures; 2403 Park (19 violations) , Joyce Booker, owner, staff recommendation to raze or repair within 30 days; 2675 Sabine Pass (18 violations) , James L. Pope, owner, staff recommendation to raze within 30 days; 2488 Magnolia, Front, Derck P. Batiste et ux, owner, staff recommendation to raze within 30 days; 2095 Forrest (22 violations) , Mollie Bean, owner, staff recommendation to raze within 30 days; 440 LaSalle (16 violations) , Hal B. Shows, owner, staff recommendation to raze within 30 days; 1273 Liberty (21 violations) , Jacqueline Thibodeaux, owner, staff recommendation to raze within 30 days; 1304 Grand (22 violations) , H. P. Clampitt or Patricia LeBlanc, owners, staff recommendation within 30 days; 1320-22 Grand (22 violations) , H. P. Clampitt or Patricia LeBlanc, owners, staff recommendation to raze within 30 days; 1148 Ashley (13 violations) and 1156 Ashley (5 violations) , Charles E. Jones, owner, staff recommendations for both structures to raze within 30 days; 172 Oakland, commercial (19 violations) , J. J. Defatta, owner, staff recommendation to raze within 30 days; 850 Bonham, shed (13 violations) , Bryan Investment, owner, staff recommendation to raze within 30 days; 1435 Broadway (21 violations) , and 1435 Broadway rear (13 violations) , Peveto Lee, owner, staff recommendations for both to raze within 30 days; 3010 Brenham (21 violations) and 3010 Brenham, shed, (9 violations) , Joseph & Charles Smith, owners of both structures, staff recommendation for both is to raze within 30 days; 3110 Brenham (22 violations) , Carrie Taylor Estate c/o Earl B. Beasle, Sr. , staff recommendation to raze within 30 days; 1501 Gilbert (20 violations) , Andy Wheelus Bryant, owner, staff recommendation to raze within 30 days; 720 Avenue B (22 violations) , John & Frankie DeYoung, owners, staff recommendation to raze or repair within 30 days; 750 Neches commercial (18 violations) , Marguerite & Jose Willard, owners, staff recommendation to raze within 30 days; and 2815 Concord commercial (16 violations) , Joseph Turner, owner, staff recommendation to raze within 30 days. -8- January 7, 1992 The structures listed below have been condemned by City Council and the owners ordered to either repair or raze the structures within specified time frames. Reinspection of these structures have revealed non- compliance with the Council 's order. The Building Codes Division of the Public Safety Department is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolitions: 1109 Avenue C, 2224 Avenue E and Garage, 619 Blanchette, 1414 Center, 1555-75 Forsythe, 1275 Franklin and Shed and Garage, 1035 Gladys (Commercial) , 2660 Hebert, 2461-63-67 Washington Boulevard and Rear structure, 2475 Washington Boulevard and 3915 Youngstown. Mr. Joseph Smith, addressed Council to discuss his family's plans for the structures at 3010 Brenham, residence and shed. Mr. Smith told Council that application had been made through the City' s Housing Services Division for rehabilitation of the residential structure but liens against the property were discovered and the loan cannot be approved until there is a clear title to the property. The family is now in the process of trying to solve this problem. After questions by Council, Mr. Smith was encouraged to continue to work to clear title to the property, develop a work program through the Building Codes Division and pursue the rehabilitation loan through the Housing Services Division. There being no other to address Council, the public hearing was closed. Ordinance No. 92-4 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners have failed to comply with previous condemnation orders was considered: ORDINANCE NO. 92-4 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- -9- January 7, 1992 Mayor Lord called an Executive Session, pursuant to Section 2 (e) of the Texas Open Meetings Act, to be held immediately following the City Council Workshop Session, to discuss pending or contemplated litigation, specifically, "Kelvin Moulton vs. City of Beaumont, et al. " -000- Mr. Marvin Durden, 4245 Simon, representing Greater Good Hope Baptist Church, addressed Council concerning their former church and education building located at Potts and Houston Streets that was previously condemned and ordered demolished by the City. Mr. Durden said they would like to use the structure for the training of young people ages 17 through 23 years of age, in trade skills: brick layers, carpenters, plumbers, cement finishers and electricians so that they can obtain full,-_- _ time or part-time employment. The Center will be operated by qua r�t.i.fied . professional staff,,--" "coimunity-based, and will be enlisting support from civic organizations ­ local businesses, city government and state government. Also, grant opportunities would be researched. He said that the Church had copies of the violations against the structures and that these violations would be corrected so that they would be in compliance with city codes. Mrs. Delia Harrington, 815 Willow, addressed Council to report a friend, Mrs. Nabors at 850 Avenue D, is having problems with one of her neighbors keeping chickens in his yard and stacking trash and debris in the front of his property. Mr. Tom Settle, 5010 Idlewood, addressed Council to suggest that a bulkhead is needed at the Pine Street Boat Ramp to stop sand from filling in the launch area which is caused by the strong current in the Neches River. Mr. Don Smith, 1164 Sunmeadow, addressed Council to express his confusion over some requirements in the contractual documents of the City. -000- Councilman Moore mentioned the recent death of a member of our community, Coach Willie Ray Smith, saying that the funeral is to be held Wednesday, January 11th, at 11: 00 a.m. In addition, Councilman Moore reported over-crowded bus conditions on 11th Street and asked that a solution be found, whether it's timing or the need for two buses. Councilman Samuel, at the request of several people, asked that the bus stop located at the corner of East Gill and Magnolia be moved closer to the office of Magnolia Gardens, saying that bus patrons would feel more secure waiting in this area. -10- January 7, 1992 In addition, Councilman Samuel asked that Southwestern Bell remove the pay phones from this area. Councilman Moore said changing the phones to rotary dials would keep drug traffickers, etc. , from accessing their beepers and curtail the problem from that area. Also, Mr. Samuel reported receipt of a call from Mr. Granger, 3760 Robertson, complaining about sinking soil/pavement in his driveway and the street and about a neighbor with chickens and the associated problems. Councilman Alter wished all a "Happy New Year" and to compliment the Mayor and City Council and the over 200 officials who met to find solutions to the youth crime, gang violence problems in our area. Councilman Cokinos asked the City Manager to study the feasibility of again establishing a police motorcycle division, suggesting that officers owning their own equipment could receive a use allowance. Councilman Moore said that the unit had been phased out because of the liability involved in its operation. Other Councilmembers questioned expanded use of the bicycle patrol, walking patrol and Mayor Lord mentioned other cities successfully using horse patrol in their downtown areas. Councilman Goodson applauded Monday's meeting concerning youth crime and gang violence, saying it was most illuminating. He also recognized former Councilman-At-Large, Bob Lee, Jr. , in attendance at today's session. Mayor Pro Tem Smith asked Mr. Tom Warner, Director of Public Works, about the status of proposed work for Coolidge Street because of poor drainage and flooding of the area. Mayor Lord also complimented Monday's meeting with officials. She also said it was great to be in the New Year's Day Cotton Bowl Parade and hearing all the "Yeah, Beaumont's" . -000- There being no further business, the regular City Council session was adjourned before reconvening in 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 January 7, 1992 . Rosemarie Chiappetta City Clerk -11- January 7, 1992