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Home My WebLink AboutMIN APR 28 1998 M I N U T E S . CITY OF B _d J. UMONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames,Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K. Davis APRIL 28,1998 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on April 28, 1998, 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 1:38 p.m. Mr. Anthony Kojak gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson. Also present were Ray A Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Presentations and Recognition Four proclamations were issued: "Beta Sigma Phi Founder's Day," April 30, 1998; "National Dance Week," April 26-May 2, 1998; in recognition of the 1998 NALC (National Association of Letter Carriers) Food Drive," to be held May 9, 1998; and "YMBL Rodeo Week," April 27-May 2, 1998. *Public Comment: Citizens were invited to comment on the Consent and Main Agenda items 6 and 7. No one wished to address these subjects. The following consent agenda items were considered: * Approval of the minutes of the regular meeting held April 21, 1998; * Confirmation of committee appointments Diane Baxter - Keep Beaumont Beautiful Commission - Resolution No. 98-100 A) Consider approving a refund by the Jefferson County Tax Assessor-Collector's Office in the amount of$2,885.54 - Resolution No. 98-101 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM- H (Residential Multiple Family Dwelling-Highest Density) for property located in the 8000 Block of Tolivar Road Mayor Pro Tem Ames moved to deny the 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 OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED IN THE 8000 BLOCK OF TOLIVAR ROAD, BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY as recommended by the Planning Commission at the Joint Public Hearing held April 20, 1998,. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None 2. Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) for property located at 1036 Oakland Councilmember Davis moved to adopt Ordinance No. 98-28 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1036 OAKLAND, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR Minutes;4/28198;Page 2 REPEAL AND PROVIDING A PENALTY. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider a request for a specific use permit to allow a parking lot for an existing doctor's clinic on a tract of land next to 2010 Dowlen Road that is zoned RM-H (Residential Multiple Family Dwelling-Highest Density) Councilmember Smith moved to adopt Ordinance No. 98-29 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PARKING LOT FOR AN EXISTING DOCTOR'S CLINIC ON A TRACT OF LAND ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY) DISTRICT LOCATED EAST OF 2010 DOWLEN ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider a request for a specific use permit for the wholesale of durable goods in a GC-MD (General Commercial Family-Dwelling) District at 950 Magnolia Councilmember Cokinos moved to adopt Ordinance No. 98-30 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR THE WHOLESALE OF DURABLE GOODS IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 950 MAGNOLIA, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. PUBLIC HEARING: Considering the annexation of non-contiguous areas into the corporate limits of Beaumont Area 1: 569.5 acres located south of the city sewage treatment facility and north of"Cattail Marsh."This area includes 12 parcels(202 acres) owned by the City and 31 privately owned parcels and is basically vacant land. Minutes;42&98;Page 3 Area 2: 374.19 acres extending from the east city limit line to the centerline of the Neches River. Port of Beaumont property lies within this area. Area 3:415.92 acres located west of the City, between Phelan Boulevard and Dishman Road. Located in this area is a 215.96 acre retention pond owned by Drainage District No.6, 5 acres owned by the LNVA, and the remaining is a privately owned spoils area. The public hearing was opened at 2:14 p.m. Mr. Norman Butler, 615 Victor, Port Neches, owner of five acres in Area 1, spoke in protest of annexation. Mr. Butler opposed annexation for the advantage of squaring Beaumont city limit lines, said his land is undeveloped palmetto swamp, has no roads or access, and does not want to be taxed for additional City services that he does not need. Ms. Kelly Byrom, 1886 West Lane, and another unidentified lady questioned annexation of Area 4 that was considered by the Planning Commission at the Joint Public Hearing on April 20, 1998. The City Manager explained that Area 4 consisting of 1,461 acres and located southeast of the City, west of Martin Luther King Parkway and east of West Port Arthur Road, is not under consideration today. At the Joint Public Hearing, the Planning commission voted against annexation of the property at this time. That parcel will be deferred for possible consideration at a later date. Staff confirmed that property owners would be renotified if Area 4 is considered for annexation again. Mr. Roger Heath, representing the Port of Beaumont, questioned present zoning retained up to the middle of the Neches River if annexation occurs, and was told a zoning study would be initiated after annexation and appropriate Port zoning would be designated. Council discussion included benefits of annexation to the centerline of the river and consideration of Mr. Butler's five acre parcel. Mr. Riley said Staff would look at how the five acre tract would affect the total tract in Area 1 under consideration before returning the final ordinance for Council consideration, and City Attorney Lane Nichols explained the annexation process and time frame. The public hearing closed at 2:30 p.m. 6. Consider approving a one-year agreement with Lamar University's Center for Industrial Fire and Hazardous Materials Training for use of the equipment and facilities at the City of Beaumont Fire/Rescue Training Center Councilmember Smith moved to approve Resolution No. 98-102 authorizing a one- year contract with Lamar University for a $20,000 per month rental fee. Councilmember Davis seconded the motion. MOTION PASSED. Minutes;4128/98;Page 4 Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Cokinos, and Davis Noes: None 7. Consider approving the acquisition of property for the Concord Road Project Councilmember Davis moved to approve Resolution No. 98-103 authorizing purchase of Parcel 3: 20,989 square feet out of Lots 3, 4 and part of Lot 5, Block 27, McFaddin Heights Addition (2270 Gulf Street) for $57,799.00 from Warren Haynes for the Concord Road Project. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 8. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structure to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders The public hearing was opened at 2:35 p.m. Prior to public comment, Councilmember Davis spoke of his concern regarding the dilapidated structure rehabilitation process, the amount of time before rehabilitation or demolition occurs and hazards of the neighborhood. Ms. Daisy Mae Limbrick, 3003 Magnolia, addressed Council regarding the structure at 3005 Magnolia. Ms. Limbrick requested additional time for rehabilitation, said she has been delayed because of unemployment for a period of time, but is employed now and ready to begin a work program. Ms. Limbrick was advised to meet with staff to set up a work program and to carefully consider cost of rehabilitation versus the worth and soundness of the structure, if addition time is granted. Ms. Ammer J. Smith, 3825 Palm, Houston, addressed Council to request additional time for rehabilitation of the structure at 1402 Maple. Ms. Smith explained that she is in the process of obtaining a home equity loan and asked for an extension until about July. She said the house is structurally sound and, and she will pursue installation of burglar bars to deter further defacement and stripping of the property. Ms. Smith was asked to secure the building to prevent further entrance. Minutes;4/28!98;Page 5 The public hearing closed at 2:47 p.m. Ordinance No. 98-31 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was considered: The twenty-nine (29) below listed dilapidated structures are found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 2755 Cable (garage) - Fannie D. Fones, owner; 2665 Cox - Raymond Durden ESTATE, owner; 2755 Grand -Terry Ardoin, owner; 4055 Hester- Eugene Basha, Jr. ET UX, owner; 3967 Houston - Dolores Giles, owner; 380 Jeanette - Ernestine Chavis ESTATE, owner; 2165 and 2175 Linson - Leona Smith, ET AL, owner; 2355 Linson - Ann C. Bryon ET AL c/o Don Moser; 2445 Linson - Margie Peyton, owner; 1125 East Lucas - Emma F. Peoples Smith, owner; 1750 Magnolia -Max James Goza, owner; 3005 Magnolia (garage apartment) - Daisy Mae Limbrick, owner; 580 Martin - Adelan B.Roper ESTATE, owner; 5270 Midford - DER Investments L.L.C., owner; 2455 Roman - Joseph Theophilus, owner; 930-40 Spruce - Eola Robinson ESTATE, owner; 3380 Taliaferro - Sister Paula Marian c/o Joseph Eaglin, owner; 3402 Texas - Raymond Egland, Sr., owner; 5120 Wilshire & garage - Ralph Bairrington, owner; each with twenty-five (25) violations and Staff recommendation to raze within 30 days; 965 Church - Eileen F. Madison & W. Madison; 850 Elm - Samuel B. House c/o James Lungs; 1315 Evans - Mary Louise Godeau, owner; 2995 Glenwood - Ruth Kerry, owner; 1402 Maple - Mallinee Diggs c/o Ammer J. Smith; 614 Prince - Leanna Calhoun ESTATE; 570 E. Simmons-Marylisa Diane Walker, owner; 3385 Taliaferro - Atlantic Pacific Holding Co. #300, owner; and 651 Washington - Lillie Wood ESTATE, Attn: Floyd Olbrych, owner; each with twenty-five (25) violations and Staff recommendation to raze or repair within 30 days. It has been determined that the structures listed below meet the definition of a dangerous structure and have deteriorated such that they are no longer considered suitable for repair. The owners have been notified but failed to take any action. The Neighborhood Services Division of the Clean Community Department is requesting authorization to demolish these structures in accordance with the Dangerous Structure Ordinance without previous order and charge the property owners with the cost of demolition. The addresses are: 4404 Berkley (garage in rear), 1307 Caldwell, 585 Jackson, 965 E. Lucas (~nursery. main and 3 auxilia(y), 2288 Victoria (front structure), 2288 Victoria (rear structure), and 661 Washington Blvd. Ordinance No. 9831 was amended to grant owners of structures at 1402 Maple and 3005 Magnolia (garage apartment) sixty (60) days to raze or repair the structures on a motion made by Councilmember Smith. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Minutes;4/28198;Page 6 COMMENTS * Councilmembers comment on various matters: Councilmember Goodson congratulated City Manager Ray Riley, Neches River Festival King, and all the other dignitaries involved in festivities throughout the week. Mayor Pro Tem Ames added congratulations to Mr. Riley and announced that a Crawfish Boil will be held this weekend to benefit Boys' Haven. Councilmember Davis announced that a grass roots meeting of neighborhood association residents will be held Wednesday, May 6, at 5:30 p.m. He thanked Mr. Riley for meeting with Mrs. Dent and her son, thanked Kyle Hayes, Jamie Johnson, Barbara Otto, Angie Thomas and Karen Lewis for the competency and courtesy they display in responding to citizen requests and inquiries. Councilmember Patterson reminded everyone that today is the last day to early vote for Saturday's election, announced that Neighbors in the Park will be held at Central Park from 3:00-5:00 p.m., Sunday, and that the 1998 Garden Tour will be held Saturday and Sunday at the Beaumont Botanical Garden in Tyrrell Park. Mayor Moore commented about the number of activities scheduled for this weekend that include the Neches River Festival parade on Saturday morning, congratulated the Cerebral Palsy organization and winners of the"Rubber Ducky" race, said an outstanding dog show was held at the Civic Center, thanked Fire Chief Bertrand for the opportunity to meet with community emergency managers and tour a Lockhead WPD-3 Orion, a hurricane-tracking aircraft, on display at the Jefferson County Airport today. *Public Comment (Persons are limited to 3 minutes) Mr. Anthony Kojak, 3020 19th Street, spoke of our freedom, compared a present holocaust against Christians to the Jewish Holocaust, and the National Day of Prayer. Mrs. Beverly Hatcher, president of the Golden Triangle Minority Council, invited Council to attend the ribbon cutting for their Information Center at the John Gray Center tomorrow afternoon at 2:30 p.m., introduced Marcia Hoskins, one of the recipients of their services and distributed information and mementos to Council. Mr. Nolan Sonnenberg, 3820 Holland, addressed Council to request assistance with motorists who are bypassing the four-way stop sign at 23rd and Laurel by cutting through his neighborhood and creating unsafe conditions for children. Mr. Holland presented an Minutes;4128198;Page 7 informal petition with 25 signatures requesting construction of speed bumps on Holland Avenue to slow speeding vehicles. Ms. Paubla Ydrogo, 1590 Gilbert, thanked Council for supporting neighborhood associations, announced that Cinco de Mayo celebrations will be at the Christo Rey Catholic Church this weekend, and thanked Mr. Mendoza for his past leadership of the Avenues Neighborhood Association. Mr. Benny Mendoza, 5655 South Kenneth, extended an invitation to the fiesta at 1:00 p.m. on Sunday and informed Council of a special parking location for them in an enclosed area at Orange and Wall Street. Mr. Robert Preston, 1190 Iowa, addressed violation of Section 30-28 of the Code of Ordinances by election candidates relating to signs, asked that this ordinance be enforced, spoke of vandalism and lack of response by the Police Department. Mr. Allen Lee, 5095 Maddox, thanked the Beaumont Enterprise for publishing an article regarding location of the new post office and a petition, said we should entice more businesses on Cardinal Drive than just warehouses, spoke of those helping with a petition to rename the Civic Center as the Jimmy P. Cokinos Civic Center, and reported another magazine reporting Beaumont as one of the worst places in which to live. Mr. Lee's allotted time to comment expired, and as he continued to make political comments, a Police officer was asked to escort him from the microphone. Mr. Greg Shepherd, 7880 Stone Circle, addressed Council to elaborate, and extend an invitation for attendance at a town meeting, on electric issues to be held on May 1 and 2 to receive customer input and to report plans to deal with the electric supply to the area. After citizen comments, Mayor Moore presented his thoughts that a city is as great as the people who live in it, said he sees increased pride and activity in our city and people working together, and said Beaumont was applauded by 70 major cities in Chicago this past week at a conference he attended. He admonished citizens to not let the harmony in the community that we enjoy be destroyed by words spoken at the microphone. He spoke of our community strengths and positive economic reports from the Chamber of Commerce. Mayor Moore reported his endeavors, along with Councilmember Patterson, Commissioner Moore, the City Manager and other Councilmembers, in working toward convenient locations for the new post office for citizens in south Beaumont. He addressed ongoing progress in the community and advised everyone not to let hype of the moment affect our attitudes. EXECUTIVE SESSION Minutes;4/28/98;Page 8 *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Municipal Administrative Services v. City of Beaumont There being no further business, the meeting recessed at 3:27 p.m. to reconvene in executive session. Mayor David W. Moore i Patrice Fogarty, gVy CIerWJ Minutes;4!28/98;Page 9