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HomeMy WebLinkAboutMIN JUNE 25 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 25, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 25th day of June, 1996, with the following present: HONORABLE: Andrew P. Cokinos Mayor Pro Tern Councilman-At Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman, Ward Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Absent: David W. Moore Mayor Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Father Richard A. DeStefano, pastor of Saint Jude Thaddeus Catholic Church. The Pledge of Allegiance was led by Mr. Dan Wallach, reporter for the Beaumont Enterprise. -000- One Proclamation was issued: "Let Freedom Ring Day," July 4, 1996. Citizen comment was invited on the Consent Agenda and Main Agenda Items 5 and 6. No one wished to address these subjects. -000- The following Consent Agenda item was considered: 202 June 25, 1996 Approval of the Minutes of the City Council meeting held June 18, 1996; The Consent Agenda was approved on a motion made by Councilman Davis and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 96-34 authorizing a zone change from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District for a 4.04 acre tract (the rear of 9.21 acres with the front 5.16 acres presently zoned RS) lying 800' west of Dowlen Road, 1,600' south of the Folsom and Dowlen Intersection at the request of Richard Guseman, who is developing a 9.21 acre single family subdivision, with recommendations from the Planning Director and Planning Commission for approval, was considered: ORDINANCE NO. 96-34 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 A-4 (AGRICULTURAL- RESIDENTIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY) DISTRICT FOR A 4.04 ACRE TRACT LYING 800' WEST OF DOWLEN ROAD AND 1600' SOUTH OF THE FOLSOM AND DOWLEN ROAD INTERSECTION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 96-34 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 96-35 authorizing a zone change from RM-H (Residential Multiple Family Dwelling Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for a 0.160 acre at 3555 St. James at 11 th Street at the request of Thomas Lewis, operator of a car cleaning business on this lot, to comply with zoning regulations, was considered: 203 June 25, 1996 ORDINANCE NO. 96-35 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 RM- H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3555 ST. JAMES AT 11TH STREET IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 96-35 was approved on a motion made by Councilman Patterson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- An ordinance authorizing a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a 5.271 acre tract in the H. Williams Survey lying south of Delaware and east of the Hillebrandt Bayou at the request of Mark Whitley and Associates for property owners West Beaumont Development Company and the Amoco Production Company who wish to build a two-story residential care facility, with recommendations from the Planning Director and Planning Commission for denial because the designation would intrude into a single family area and is not in compliance with the City Comprehensive Land Use Plan adopted in 1982, was considered: ORDINANCE NO. 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 A 5.271 ACRE TRACT IN THE H. WILLIAMS SURVEY LYING SOUTH OF DELAWARE AND EAST OF THE HILLEBRANDT BAYOU IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. 204 June 25, 1996 The ordinance was denied on a motion made by Councilman Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 96-36 authorizing a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for a 5.40 acre tract at the northeast corner of Folsom Drive and Dowlen Road at the request of the United States postal Service to construct a 30,000 square foot U. S. Post Office to replace the Tobe Hahn branch at 4140 Gladys with a recommendation for approval from the Planning Director and Planning Commission, was considered: ORDINANCE NO. 96-36 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 MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR A 5.40 ACRE TRACT OF LAND AT THE NORTHEAST CORNER OF FOLSOM DRIVE AND DOWLEN ROAD IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 96-36 was approved on a motion made by Councilman Smith and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- Resolution No. 96-158 authorizing the Solid Waste Management Department to apply for and accept a grant from the Southeast Texas Regional Planning Commission (SETRPC) in the amount of $85,000 for development of projects in compliance with the Regional Solid Waste Management Plan (promote commercial cardboard recycling and recycling education in schools, etc.) was approved on a motion made by Councilman Goodson and seconded by Councilman Ames. Question: Ayes: All Nayes: None 205 June 25, 1996 Resolution No. 96-159 authorizing purchase of a 1996 Ford chassis equipped with a Frazer ambulance module from Frazer, Inc. In the amount of $74,610.00 for the Health Department's Emergency Medical Services Division (EMS) was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- An Ordinance declaring certain dilapidated structures to be public nuisances and ordering their removal by the owners within a specified time and authorizing removal of 22 structures considered at previous public hearing in which the owners have failed to comply with condemnation orders was considered: ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Mr. Riley requested that the structure at 5686 Mel Sha Lane be moved from Section 2 of the ordinance ordering demolition to Section 4 ordering raze or repair to give opportunity to establish a work program. A public hearing was called to consider the forty-two (42) below listed dilapidated structures to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 4515 Abilene - Shariene Angelo, owner (19 violations); 2410 Blanchette (apartments) - Alvin G. Randolph, owner (21 violations); 1153 Bolivar- Mrs. Byron D. Murphy, owner (22 violations); 1915 Cable (garage apartment) and 1925 Cable - Seth L. Bagneris, owner of both structures (22 violations each structure); 2595 Cable -Jefferson County, owner (18 violations); 4180 Cleveland - Wilfrid White ET UX, owner (19 violations); 1180 Delaware - John D. Rogers, owner (20 violations); 4164-68 Ector(garage apartmentl - Lyndon M. Duchamp, owner (13 violations); 1425 Evalon - Neal Jacobs, owner (16 violations); 1255 Gladys - Pauline D. Boudeaux, owner (25 violations); 1925 Glasshouse - Kima N. Safadi, owner(17 violations); 3562 Goliad - Fred B. Fields, owner (24 violations); 3572 Goliad - Fred B. Fields, owner (24 violations); 1319-21 Grand - Sam A. Maida, owner (15 violations); 1312-14 Gray - Auto Sports, Inc., owner (22 violations); 1012 Harrison (19 violations), 1016 Harrison (22 violations), and 1020 Harrison (24 violations) - Kenneth Dean Gengo, owner of all three structures; 3325 Hollywood - Evelyn Gillis, owner (25 violations); 3925 Houston - Dolores Giles c/o Sippy Wallace Long, owner (19 violations); 4301 Ironton - Jefferson County, owner (22 violations); 1310 Isla - Raymond Dumas, owner (10 violations); 835 Jefferson (commercial)- Helen Thomas, owner (21 violations); 1705 M. L. King Pkwy. S (Shed) - Lillie M. O'Fiel Launey c/o Monty O'Fiel, owner (10 violations); 3003 M. L. King Pkwy S 206 June 25, 1996 (Commercial) -Travis Bros. Supply c/o Wm. V. Travis, ET AL, owner (18 violations); 1054 Long - Leroy Bills Wells, owner (24 violations); 1150 Magnolia (commercial) -Alvin G. Randolph, owner (15 violations); 5686 Mel Sha Lane -Virgil M. Downs, owner (19 violations); 2048 Milam - Davis R. Vickers, owner (15 violations); 2196 Neches - John and Frankie DeYoung, owners (19 violations); 2395 Orange - H. H. Houseman, owner (20 violations); 985 Parry - Arthur Johnson, owner (20 violations); 1972 Pennsylvania - Anna Bailey Rollins, owner (24 violations); 5191 Roberts - Lydia L. T. Castro, owner (19 violations); 3260 Roland Road - Linda Ward, owner (20 violations); 570 Schwarner - I. D. Buckley, owner (21 violations); 2315 Tyler - Ronnie B. Layton, owner(24 violations); 2040 Utica - Belle Spencer Lewis Estate, owner(24 violations); 2288 Victoria front (25 violations) and 2288 Victoria (rear apartment) (19 violations) - Linmarie Garsee, owner both structures; and 3155 Westmoreland - W. Gardner Domingue c/o John C. Domingue, owner (19 violations); Staff recommendation to raze all structures within 30 days. The above listed parcels of property have been inspected, are vacant and have been found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notices have been sent to owners by Certified Mail and published in the Beaumont Enterprise. The twenty-two (22) structures listed below have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed non-compliance with the Council's order. Authorization is requested from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition: 1545 Avenue G. 976 Bonham, 978 Bonham, 3145 Brenham, 1755 Brooklyn, 2795 Cedar, 4040 Cleveland, 8727 College (commercial), 1948 Delaware, 1007 Harriot (A,B.C), 2627 Hazel, 2260 Irvina, 735 Lincoln, 2748E Lucas (garage apartment), 2750 E. Lucas (rear), 3340 Magnolia, 2110 Nora, 892 North (apartment, 3375 Rivers Road, 7550 Tram Road, 3960 Usan, and 1666 Washington Blvd (garage apartment). Mr. Lester Smith, owner of the structure at 892 North Street (apartments), addressed Council to state that he has contracted with Sabine Salvage to demolish the structure, said they would obtain a demolition permit by next Monday and requested additional time to complete the demolition. Mrs. Brenda Travis addressed Council relative to the property at 3003 M. L. King Parkway S (commercial) to review statements made by City Staff in 1994 determining the property to be a disputed acquisition and stating that additional information should be available that would clarify the State of Texas' and her father's interest and a postponement was granted. Mrs. Travis said she has received no further notification and that the State has owned 18 inches of the structure since 1985 and she has been waiting for demolition. Mr. Charles Smith, 108 Timber Creek, Lumberton, addressed Council in favor of demolition of the structure at 892 North Street because of potential danger, fire hazard, said transients inhabit the 207 June 25, 1996 structure, possible illegal activity is conducted there, claimed his property next door is uninsurable because of the condition of the building and to question when demolition would be complete. Council and Staff explained City demolition procedures and stated that the owner could remove the structure and negate the necessity for City involvement in the demolition process. Mr. Lynn DeMary, 430 East Elgie, addressed Council regarding the property at 3003 M. L. King Parkway S, reviewed the composition of two buildings, said the brick structure appears to be in safe condition, but the wooden structure's roof has collapsed, the walls are bowing, presents a safety concern and said he understands the dilemma created because of the State's partial ownership and lack of action, but would like the wooden structure removed. Mr. Lester Smith, owner of the structure at 892 North Street, again addressed Council to restate his demolition contract efforts and Council confirmed that Mr. Smith plans demolition to begin soon, said even if the property remains on the demolition order, Mr. Smith may proceed with his demolition plan and questioned Staff regarding normal demolition time. Mrs. Brenda Travis again addressed Council to express agreement with Mr. DeMary that the wooden structure is dangerous and assured demolition of that building. There being no one else to address Council regarding these structures, the public hearing was. closed. Councilman Goodson questioned appropriate action on the structure at 3003 M. L. King Parkway South since there is some dispute of ownership. City Attorney Lane Nichols stated that the property in question was acquired by eminent domain for Spur 380 construction and was an unusual taking. Further Council discussion and explanation stressed that the structure is on the condemnation list and will allow time for the City's Legal Department to work with the State to receive an answer before initiation of any action. Ordinance No. 96-37 finding certain dilapidated structures to be public nuisances and ordering their repair or removal and authorizing removal of certain other structures whose owners failed to comply with condemnation orders was considered: ORDINANCE NO. 96-37 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. 208 June 25, 1996 Ordinance No. 96-37, with the structure at 5686 Mel Sha Lane removed from Section 2 ordering raze within 30 days and placed in Section 4 ordering raze or repair as requested by the City Manager, was approved on a motion made by Councilman Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Councilman Patterson announced that the Tyrrell Park Neighborhood Association will conduct a meeting on July 1 st, the South Park Neighborhood Association will meet Thursday, June 27 at 6:30 pm., said the Texas Association of Mayor's Committee for Employment of Peoples with Disabilities convention will be held at the Beaumont Plaza Holidome, June 27th through the 29th. Councilman Davis stated that crime tend to increase and asked that the Police Chief be alerted that that residents in the Northend are concerned with drug dealing and patrolling the area is imperative. Councilman Ames clarified that structures 1715 and 1705 Leiper behind the Charlton-Pollard Day Care Center are on demolition lists, questioned the time frame for demolition, and said she has also received calls about 1620 Victoria. Councilman Goodson stated that the U. S. Postal Service indicated funding about $25,000 for intersectional improvements on Dowlen and Folsom Road for the new branch post office and requested a report of the scope of the improvements, thanked Staff for the EMS report that indicated response times through May have been very impressive and showed that over 76% of the transports were made in less than six minutes and almost 95% overall are responded to in less than eight minutes and applauded the EMS for a very good job. Councilman Goodson referred to a recent letter he received concerning a possible zoning violation on Gladys and asked that a copy be circulated, and congratulated Habitat for Humanity for opening of their homes, commented that Habitat Park has plans for opening additional homes and thanked everyone for their involvement. Mayor Pro Tem Cokinos reported to Councilman Goodson that he received correspondence from Attorney Brack Jones that the violation on Gladys Street has been handled. Mayor Pro Tem Cokinos asked Mr. James Savoy, a U. S. Postal Representative, to comment about the Postal Service funding to which Councilman Goodson referred. Mr. Savoy told Council he does not have full details on how the monies will be used, but the funding is made available because of the concern for customer and employee safety. -000- 209 June 25, 1996 regular session of City Council in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Mark Spivey v. the City of Beaumont and James Mathews v. the City of Beaumont and in accordance with Section 551.074 of the Government Code to consider the appointment or employment of a public officer or employee: specifically the City Clerk. -000- State Representative Al Price addressed Council to extend an invitation to attend the ground breaking ceremonies to be held by the Southeast Texas Community Development Corporation in the Flowers Addition, Wednesday at 10:00 a.m., to begin the first phase of providing more affordable housing and thanked Council for their cooperation and dedication. Father Richard DeStefano, pastor of St. Jude Catholic Church, 6825 Gladys, began to speak about matters that pertain to a zone change request and was advised by Councilman Smith, and confirmed by Attorney Lane Nichols, that Council could not hear additional comments by one side of the issue without proper notification to both sides because a public hearing has already been held. Mr. Frank Keifer, 3190 Willowood, addressed Council regarding a stamp saving program of senior citizens and disabled veterans in New York to benefit American disabled veterans and said 15,000 to 20,000 stamps have been sent from the City of Beaumont. He read portions of a letter of appreciation for Beaumont's contribution and told Council that Mrs. Ginny Morales, a Central Collections's supervisor, has been instrumental in providing him with canceled stamped envelopes and invited other organizations to join in the effort. Mr. Keifer said volunteers are needed and may call him at 898-0524. Mrs. Brenda Travis addressed Council to express appreciation for construction being complete enough to allow the driveway to be reopened this afternoon at Travis Hardware at 4225 Calder and said the reconstruction of Calder is very nice. Mr. John Stevens, Jr., 1205 Cartwright, addressed Council in appreciation for the street sweeping program and spoke in support of naming the new library after Mr. Elmo Willard. Mr. Stephens said naming the library after Mr. Willard could inspire minority children to use him as a positive role model and thanked Mrs. Mary Ellen Hunt for endorsing Mr. Willard as a nominee and encouraged others to add their names to that endorsement. -000- There being no further business, the meeting was recessed to reconvene in executive session. -000- 210 June 25, 1996 I, Barbara Liming, 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 June 25,1996. Barbara Liming Deputy City Clerk 211 June 25, 1996