HomeMy WebLinkAboutMIN JAN 19 1999 M I N U T E S - CITY OF BEA1,1MONT
Lulu L. Smith DAVID W. MOORE, MAYOR Bobbie J. Patterson, Mayor Pro Tem
Guy N. Goodson CITY COUNCIL MEETING Andrew P. Cokinos
John K. Davis JANUARY 19, 1999 Becky Ames
Lane Nichols, City Attorney Ray A. Riley, City Manager Barbara Liming, City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on January 19, 1999, at
the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the
following:
OPENING
* Invocation Pledge of Allegiance Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items
* Consent Agenda
Mayor Moore called the meeting to order at 1:34 p.m. The Reverend Herbert Malvo, Greater Rising
Sun Baptist Church, gave the invocation. Mr. Johnny Beatty, CDBG Grants Administrator, led the
pledge of allegiance.
Present at the meeting were: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson,
Cokinos,Ames, and Davis. Councilmember Smith was absent. Also present were Ray A. Riley, City
Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk.
*Presentations and Recognitions - No proclamations were issued.
*Public Comment: Persons may speak on scheduled agenda items
Citizen comment was invited on the consent and regular agendas.
Mr. James A Drake, president of the Houston House Moving Association, past president of the
International House Moving Association, acting director and past vice president of Texas Moving
Association, addressed Council at the request of Mr. Kell Jones to discuss measures the City of
Houston has taken to deal with problems relating to house moving similar to what Beaumont is
experiencing. He reviewed a past experience in Houston with buildings moved in 1982 at the closing
of Ellington Air Force Base left on lots and not repaired in a timely fashion. As a result of many
community complaints,the Houston Council passed an ordinance requiring a$3,500 surety bond and
a notarized agreement for each building that was requested to be moved within the City of Houston.
Civic clubs were also asked to approve moving these structures into a community. Mr. Drake
addressed the benefits of moving and salvaging housing for the market and quoted the number of
houses moved in Houston, in Texas, and throughout the nation in 1998.
Mr. Larry McCown,4755 Hardwood,an employee of Jones Boys Inc.,addressed Council in opposition
to the amendment to the ordinance on Item 4 under consideration. He stated that the ordinance as
written could possibly have a direct affect on his job and income. Mr. McCown asked Council to
consider not passing the ordinance as proposed and expressed his appreciation.
Mr. Kell Jones, owner of Jones Boys Inc., distributed brochures to Council depicting his company's
business in Beaumont since 1911, reviewed the history and scope of the activity of his company, and
expressed concern that the proposed ordinance in Item No. 4 would eliminate jobs and his business.
Mr. Jones asked Council to table the ordinance and allow discussion to establish an ordinance that
would correct problems such as those that have arisen in the Gulf Terrace Addition. Mr. Jones
volunteered to assist in the discussion, said Beaumont can successfully solve this problem as other
cities have. He referred to Houston requiring a $3,500 bond, and if, after 151 days, applicants have
not fulfilled their obligation, the bond is collected and used to demolish the structure. Mr. Jones said
League City allows 90 days to upgrade the exterior of the house, and if not completed, the bond
money is used for demolition expenses.
Further discussion occurred with Mayor Moore inquiring about the number of transfers completed by
Jones Boys Inc. last year. Mr. Jones replied that because of the type of business he operates, his
company did not move very many, but said 57 of the 157 structures in the Bellaire Addition were
transferred into the subdivision. He pointed out that was 57 structures preserved and now on the tax
role. He also discussed Port Arthur's conformity code that involves inspections of the house and the
prospective new location for the structure.
Mayor Moore thanked Mr. Jones for the information, spoke of trying to reach common ground for a
good decision for the subdivision residents and business operators. Mr. Jones asked for a chance
to work with the City in taking a bad situation and turning it into a livable one.
Mr. David Bradley, 615 North 5th Street, spoke of the positive aspects of moving some homes. He
displayed pictures of older homes moved into Old Town that were restored to their original condition.
He showed newspaper pictures and quoted an article about a preservation effort of three houses and
have returned to the tax role at about $350,000. Also, he showed a picture of a structure for sale at
the corner of 4th Street and Hazel that is listed with a realtor for$197,000. Mr. Bradley said there are
positives in moving structures and asked that amendments be looked at carefully in solving the
present problem.
Before continuing with action items, Mayor Moore acknowledged Ms. Angelyque Campbell, the
Community Builder for HUD-Houston and asked her to comment. Ms. Campbell spoke of her role in
the reorganization of HUD. Ms. Campbell serves the Golden Triangle area as a point person to whom
questions may be directed. She said the main goal is to restore public trust and to reconnect with the
community. Ms. Campbell expressed her desire to be of service and left her telephone number to
accommodate future calls (713-313-2274, ext. 7024). Ms. Campbell stated that she travels to the
Golden Triangle frequently, said innovative projects are on the agenda, but that unresolved conflicts
are being addressed. She requested calls regarding ideas as well as questions. Mayor Moore
thanked Ms. Campbell for appearing at Council today and invited her return.
Minutes; 1/19/99;Page 2
*Consent Agenda
* Approval of the minutes of the regular meetings held January 12, 1999
* Confirmation of committee appointments - Resolution No. 99-12
A) Approve the conveyance of property to the Southeast Texas Community Development
Corporation, Inc. (Lot 10, Block 11, Silver City Addition, 2080 Lela Street, for construction of
residence in the Neighborhood Revitalization Project) - Resolution No. 99-13
B) Approve the settlement of a lawsuit: Wanda Young v. City of Beaumont et al (in the amount
of$25,000) - Resolution No. 99-14
C) Approve a resolution relating to the new Perlstein Park to be located in the Amelia-Gulf Terrace
Addition and the condition of its use (accept $30,000 from heirs of H. A. Perlstein and names
park "Perlstein Park" and agrees that should the property ever be used for another purpose,
another comparable park will be established with the same name) - Resolution No. 99-15
Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Davis
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson,
Cokinos, Ames, and Davis
Noes: None
GENERAL BUSINESS
1. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions
in the Police Department
Councilmember Goodson moved to approve Ordinance No. 99-2 ENTITLED AN ORDINANCE
AMENDING CHAPTER 21-75 AMEND THE NUMBER OF POSITIONS IN THE BEAUMONT POLICE
DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL (178 Grade I Officers and
64 Grade II Sergeants). Councilmember Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson,
Cokinos, Ames, and Davis
Noes: None
2. Consider a request from the Beaumont Independent School District to abandon E. Woodrow
Avenue between Highland Avenue and Grandberry Avenue
Minutes; 1/19/99;Page 3
Mayor Pro Tern Patterson moved to approve Ordinance No. 99-3 ENTITLED AN ORDINANCE
ABANDONING 594'OF WOODROW STREET BETWEEN HIGHLAND AVENUE&GRANDBERRY IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Davis seconded the motion.
MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson,
Cokinos, Ames, and Davis
Noes: None
3. Consider a request to abandon the undeveloped Matthews Drive between Phelan Boulevard
and Calder Avenue
Councilmember Goodson moved to approve Ordinance No. 99-4 ENTITLED AN ORDINANCE
ABANDONING MATTHEWS DRIVE BETWEEN PHELAN BOULEVARD AND CALDER AVENUE,JEFFERSON
COUNTY, TEXAS. Mayor Pro Tern Patterson seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson,
Cokinos, Ames, and Davis
Noes: None
4. Consider amending Chapter 5, Section 6-21 of the Code of Ordinances to prohibit the moving
of buildings for residential purposes within the City of Beaumont
The City Manager introduced Ordinance No.99-5 ENTITLED AN ORDINANCE AMENDING CHAPTER
6, SECTION 6-21 TO AMEND THE BUILDING CODE OF THE CITY OF BEAUMONT TO PROHIBIT THE
MOVING OF BUILDINGS FOR RESIDENTIAL PURPOSES WITHIN THE CITY, PROVIDING FOR
SEVERABILITY, PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mr. Riley explained past
problems relocating structures that did not meet Code specifications prior to being moved. He
said current regulations do not prohibit moving structures outside the city. This ordinance
would require the structure to meet Code specification prior to being moved and show it could
meet the Code at the new site. Mr. Riley stated that with the exception of houses that could
be moved as part of the Historic Landmark Commission or Texas Historic Commission, this
ordinance would set aside the ability to relocate houses within the city. He said there does
have to be compatibility, notification procedures and an appeal process. Without this
ordinance, additional houses could be moved within the interim. Council may proceed
expeditiously as possible to prepare an ordinance that would allow the procedure to accomplish
what has been presented by speakers today. Four to six weeks would allow preparation of a
more detailed procedure and establishment of a board similar to the Planning Commission or
Board of Appeals that could consider requests for moving and relocating structures within the
city. Application of this ordinance is for residential structures only and was not intended to be
Minutes;1/19/99;Page 4
the end,just a stop-gap to give a moratorium and provide for no relocation in the next 30 to 60
days until the new procedure could be devised.
Mayor Moore expressed appreciation for the level of citizen input in bringing notice to Council
of measures that could be considered,spoke of the present dilemma of incompatible structures
moving into a neighborhood, and directed questions to Mr. Jones relative to the impact his
business would realize with a 30-60 day period to develop an adoptable ordinance. Mr. Jones
confirmed that 60 days would not be severe, but expressed a concern that the item might be
neglected and not brought back for consideration. Mayor Moore stated that the ordinance
would not be set aside, but the goal is to stop the furtherance of the present problem, and
stated he will support the ordinance being brought back within the 60 day period. Mr. Jones
acknowledged agreement with this procedure. Councilmember Davis added his request that
Mr. Jones work along with staff on formulation of the ordinance.
Councilmember Goodson directed questions to the City Attorney to verify a realistic time frame
in bringing an acceptable ordinance back to Council for final passage, the effective date,
possible publication requirements or other procedures that might impact time. The City
Attorney informed Councilmember Goodson that unless Council desires additional notification
or additional time limits, once the ordinance is passed, it will be effective upon the third
publication, usually the Saturday after the Tuesday Council meeting. He said the ordinance
may provide for some level of issuance of a Certificate of Appropriateness that might place a
requirement on the mover. Councilmember Goodson spoke about the requirements of other
cities that provide referral to the Building Codes Division and an appeal process to a committee
that would necessarily cause additional time to be added to the function. He stated that his
questions are an effort to inform and fairly represent a time frame to business owners.
Additional discussion included Certificates of Appropriateness or Conformity, time needed to
draft the certificate, use of this kind of certificate in the historic district, and turnaround time for
permits.
Mayor Moore expressed to Mr. Jones his intent to get an ordinance working and in place in a
60-day period and asked Councilmember Goodson to work with staff and those involved in
formulating the ordinance. Councilmember Goodson accepted the assignment and said he
would obtain a copy of Port Arthur's ordinance for referral.
Councilmember Davis moved to approve Ordinance No. 99-5. Councilmember Goodson
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson,
Cokinos, Ames, and Davis
Noes: None
Minutes; 1/19/99;Page 5
5. Consider approving the acquisition of property for the Walden Road Improvement Project
Councilmember Cokinos moved to approve Resolution No. 99-16 authorizing acquisition of
16.124 acres of land out of the T. H. Langham Subdivision (2,000 feet north of Walden Road
and north and east of Jefferson County Drainage District No. 6's office a distance of 3,400 feet)
for$161,240 from the Hebert Heirs for the Walden road Right-of-Way Project.. Councilmember
Goodson seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson,
Cokinos, Ames, and Davis
Noes: None
6. Consider approving a contract for the purchase of defibrillator monitors for use in emergency
medical and rescue operations
Councilmember Cokinos moved approve Resolution No. 99-17 authorizing a contract with
Physio Control Corp in the amount of$64,558.98 for purchase of defibrillator/monitors for the
Beaumont Fire Department and Emergency Medical Services.CouncilmemberAmes seconded
the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Goodson,
Cokinos, Ames, and Davis,
Noes: None
OTHER BUSINESS
*Review FY 99 Community Development Block Grant budget
Finance Officer Beverly Hodges presented the 1999 Preliminary Budget for the HUD
Consolidate Grant Program.
Housing $900,000
Minor Repair $250,000
Acquisition/Site Development $250,000
Habitat for Humanity-Administration $ 50,000
Senior Multi-Family Housing Development $350,000
Clearance and Demolition $250,000
Public Facility and Improvement $650,000
Hotel Beaumont(Section 108 payment) $100,000
Jefferson Theater(Section 108 payment) $175,000
Other Designated Section 108 Projects $250,000
Spindletop Library Development $125,000
Minutes; 1/19/99;Page 6
Public Service Grants $100,000
Economic Development
BUILD, Inc. $ 35,000
Administration $382,000
The total for the preliminary CDBG budget is $2,317,000. Mrs. Hodges explained that this
workshop is a prelude to a public hearing to establish categorical totals, not a detailed budget.
Suitable modifications maybe made during the remainder of the process. She briefly reviewed
and described facets of each category.
Councilmember Davis commented that the category of minor repairs is very important for
elderly residents and stated that he would like any unused funds to be used for outstanding
applications in that category. Also, Councilmember Davis expressed support of any unused
funds in the loan program be expended to help small, struggling businesses succeed. He
commended the procedure that is in place to collect delinquent loans, and commented about
the agenda item authorizing purchase of property for low to moderate income housing.
Mrs. Hodges further explained thatthis budget is a preparatory basis forthe public hearing that
will be held on February 2nd. Figures may be modified to finally reach the right mix and
passage of the final budget on March 2nd.
Mr. Riley pointed out that the schedule presented to Council is the first in this form. In the past,
Council has had to work through several years finding unobligated and unexpended funds.
This presentation shows December unobligated balances in categories.
Additional discussion included results of delinquent loan collections,funding of Clearance and
Demolition, HUD budget year, and expression of gratitude for the form of the information
provided.
Mrs. Hodges again informed Council that the budget will be published by line item and a public
hearing will be held February 2, 1999.
COMMENTS
* Councilmembers comment on various matters
Councilmember Davis voiced good news for the Charlton Pollard neighborhood. He said the
Weed and Seed sub-station will soon be opened and occupied by personnel of the U. S.
Marshall's office, Beaumont Police personnel and County. He said it is very nice and
encouraged Mr. Raymond Chaison, a resident of that area present in the meeting, to share
additional information.
Minutes; 1/19/99;Page 7
Mayor Moore spoke of the many celebrations held this weekend in commemoration of Martin
Luther King, Jr., and said the over 15,000 people assembled for the parade in Beaumont might
have broken a parade attendance record. Mayor Moore said it was excellent , and he
participated in four events throughout the weekend.
" Public Comment (Persons are limited to 3 minutes)
Mr. Raymond Chaison addressed Council to complain that Item No.4 is a disadvantage to poor
people by stopping them from moving their homes. Mr. Chaison claimed racism because only
poor people have to move their homes, and he stated that most poor people are Black
Americans. Mayor Moore attempted to explain the action was to repeal an old ordinance in
order to enact a better one within 60 days that would allow citizens to continue moving homes
based on acceptable practices. Mr. Chaison restated that he understands this to be a
dictatorial-type and racist action and added comments about the Weed and Seed operation.
He announced that it is not officially open, but extended an invitation to visit the new facility.
Mr. Chaison said the facility is open to any Police officer, plus the Weed and Seed office. He
said there is more work to be accomplished, but it is a plus for the neighborhood in every way.
Councilmember Davis commended Mr. Chaison for his work with Weed and Seed, and
explained to Mr. Chaison that the need for an amended ordinance regarding moving houses
was brought to Council by working class citizens affected by incompatible homes transferred
into their neighborhood. Councilmember Davis offered to share information with Mr. Chaison.
Mr. Greg Shepherd, 7880 Stone Circle, addressed Council to share good news received by
the Main Street organization. The National Main Street Center for the National Trust for
Historic Preservation started a program to recognize outstanding revitalization programs. Last
Thursday Beaumont was recognized as one of fifteen cities in Texas to be a National Main
Street city. Mr. Shepherd discussed the criteria use for this determination, and said Beaumont
will be recognized at a Main Street meeting in San Diego in April. He thanked Council and the
community for their efforts, support and contribution to making this recognition possible. Mr.
Shepherd distributed the annual Main Street report to Council.
Mr. Brandon Gothier, 1295 South Major Drive, addressed Council on behalf of his father, about
construction on Major Drive. The entrances into the businesses have been reconstructed and
reduced from 100 to 20 feet widths. Mr. Gothier complained that the reconfiguration interferes
with parking access and requested that it be returned to its original state or add extra space
to enter the parking lot. Mr. Gothier was instructed to meet with Public Works Director Tom
Warner.
Ms. Georgine Guillory, 3690 South 11th Street, questioned the absence of street lighting on
about five blocks on South 11 th Street after the new construction project. She said this
presents a dark and dangerous situation. Ms. Guillory was told to meet with Public Works
Director Tom Warner and submit specific information to him.
Minutes; 1/19/99; Page 8
Mayor Moore recalled comments he previously made about last weekends celebration and
the progress made and responded to comments about racism. Mayor Moore said he
considers this to be far from the truth, and that Council has tried extremely hard to provide
equity throughout the community through compromises wherever possible. He said that
today was a perfect example of Council making a compromise in an effort to be friendly with
both business and the community. Mayor Moore acknowledged that perhaps the speaker
did not fully understand today's action, but stated that he wants everyone to understand that
Council is not racist in practice nor dictatorial. He said they tried to work through the
situation as well as possible, realizing nothing is perfect. They are as diplomatic as possible
in demonstrating measures of democracy so that all will have input into the process. Mayor
Moore said the accomplishments of today were a protection for individuals who might
become victims of certain practices, as well as being victims housed in substandard units.
Mayor Moore stated that it is important to make everyone aware that Council works very
hard to resolve issues that affect our neighborhoods daily. Beaumont is on an upswing, and
we want to keep the momentum going forward. Mayor Moore asked that citizens work with,
not against our city.
EXECUTIVE SESSION
*Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Claim of Elijah Ricky Jackson
*Consider matters related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code:
City Manager
There being no further business, the meeting adjourned at 2:45 p.m.
CL D. l'(t��
Mayor David W. Moore
Barbara Liming, City lerk
Minutes;1/19/99;Page 9