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HomeMy WebLinkAboutMIN NOV 19 1996 MINUTES -� CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Andrew P. Cokinos,Mayor Pro Tem Guy N. Goodson CITY COUNCIL MEETING Becky Ames John K. Davis NOVEMBER 19, 1996 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 November 19, 1996, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:35 p.m. to consider the following: OPENING *Invocation Pledge of Allegiance Roll Call *Presentations and Recognition *Public Comments: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:35 p.m. Mr. Michael Ryals, principal of Blanchette Elementary School, gave the invocation. Cody Hill, a Boy Scout from Troop 601, led in the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Goodson, Ames, Davis and Patterson. Councilman Smith was absent. Also, present were Ray A. Riley, City Manager, Lane Nichols, City Attorney, Patrice Fogarty, City Clerk, and Barbara Liming, Deputy City Clerk. Three proclamations were issued: "National Family Week," November 24-30, 1996; "Great American Smokeout Day," November 21, 1996 (for the American Cancer Society); and "Education Day," November 21, 1996 (proclamations were given to all elementary, middle school and high school principals and the Beaumont Independent School District). Fire Chief Michel Bertrand presented Mrs. Susan Kern and Mr. Steve Kern from the Police and Fire Fighters Association, a non-profit fraternal benefits society, who announced that Firefighter Tim Richardson is recipient of awards for epitomizing a fraternalist. Mrs. Kern enumerated the.vast number of charitable organizations with whom Mr. Richardson volunteers—the Mercy Ship, Crippled Children's Association, Muscular Dystrophy, the Hughen School and many more. She said Mr. Richardson "has no free time, he gives it all away." Mr. David Bruner from Carmel, Indiana, the fraternal field manager for the Police and Fire Fighters Association, explained the organization's program and reported that Mr. Richardson was the successful winner from over 200 entries throughout the nation. Mr. Bruner presented Firefighter Tim Richardson the Fraternalist of the Year Award from the National Fraternal Congress of America and an award from the Police and Fire Fighters Association recognizing his outstanding community service. Mayor Pro Tem Cokinos presented Certificates of Appreciation from Mayor Moore to City Public Works Department employees Alcide Demond Boutte, a traffic technician, and Jacob Lucius Davis, a traffic design technician, for their immediate heroic deeds in preventing a suicide. On September 26, 1996, their actions and quick thinking prevented a woman from taking her own life in the Neches River at Riverfront Park. Mr. Boutte used an aspiration technique learned at a departmental CPR training session that removed water from the lungs of the drowning victim and resulted in her resuscitation. Citizens were invited to comment on the Consent and Main Agendas. No one wished to address these subjects. CONSENT AGENDA The following consent agenda items were considered: Approval of minutes of the November 12,1996, meeting; a. Confirmation of committee appointments - No appointments made. b. Authorize the acquisition of property for the FM 364/Major Drive Project - Resolution No. 96-281; Mayor Pro Tem Cokinos moved to approve the consent agenda. Councilman Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Goodson, Ames, Davis, and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a specific use permit to allow the construction of a new church on property in an RS (Residential Single Family Dwelling) District. Mayor Pro Tem Cokinos questioned the results of the meeting between members of the Unity Church and the South 23rd Street Neighborhood Association, and Councilman Patterson reported they were unable to reach a compromise and said she will support the wishes of the Minutes;11-19-1996;Page 2 neighborhood to not grant a specific use permit and let the area remain Residential Single Family Dwelling District. She stated that the opposition is not to the church, but the zone change. Councilman Goodson said he is sorry a common ground could not be reached, commented about recent trying times with zoning matters, said he will again vote in support of the specific use permit because in driving through the neighborhood and looking at the site concluded that this type of facility would only embellish and enhance the neighborhood as do most churches. Councilman Ames commented that she again will vote in favor of the specific use permit and said the property butts up against a commercial area and is an appropriate use of the land. Mayor Moore questioned proximity of the site in question to proposed residential development, and Councilman Patterson responded that it is in the immediate area and said there is another plot nearby that is zoned GC-MD that could be used for the church. Mayor Moore commented that this is the third time this property has come to Council and once for public housing, said he has mixed feelings, but balances those feelings with the information indicating that another parcel of property is available already with adequate zoning, will support denial, but is not against the church. Councilman Patterson moved to deny an ordinance ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A NEW CHURCH IN AN AREA ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF 23RD STREET, 496 FEET SOUTH OF CARTWRIGHT AVENUE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilman Davis seconded the motion. MOTION FAILED TO PASS. Ayes: Mayor Moore, Councilmen Davis, and Patterson Noes: Mayor Pro Tem Cokinos, Councilmen Goodson and Ames In response to an inquiry, the City Attorney advised that because the denial failed to pass by a majority of Council members present, no action has been taken. Further discussion included future placement of the item on the agenda when full Council membership is present, a suggestion that Councilman Patterson schedule and lead a meeting as soon as possible with Planning Director Steve Richardson and members of the Twenty-third Street Neighborhood Association to discuss proper planning for the property to resolve this matter and find a middle ground, the fact that a plumbing company is already established next to the property under consideration and that a church could be seen as a buffer between the residential area and the Minutes;11-19-1996;Page 3 commercial development, reiteration that voting against the zoning change is not a vote against the church. The City Manager asked for clarification regarding action within the proper time frame and automatic passage. The City Attorney said this is an unusual occurrence, but because Council has dealt with the subject, requirements of the ordinance have been met to prohibit automatic approval. Councilman Patterson added that in meeting with the Twenty-third Street Neighborhood Association, there was discussion regarding the possibility of future plans to build a neighborhood park on that site or the surrounding area and other developers are coming into the neighborhood to develop residential homes. After receiving information from his office, City Attorney Lane Nichols interjected corrected information regarding specific use permits. He said that the exact language referencing specific use permits states that Council "must approve or deny a request within 60 days of the public hearing at which the request was heard or the request is automatically approved," not just acted upon. Therefore, this item needs to be put on the agenda before mid-December. 2. Consider a request for a zone-change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) for property located at the northeast corner of Phelan Boulevard and Shakespeare. 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 OF PROPERTY PRESENTLY ZONED RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF PHELAN BOULEVARD AND SHAKESPEARE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY was considered. Councilman Goodson commented that GC-MD zoning needs to be addressed because there have been instances where the original zoning request did not remain in tact through the ultimate development of the property. He said that definitive purposes should be cookie- cuttered to allow the least intrusion into existing neighborhoods and provide the greatest security of property values. He stated that an NC or other use with a specific use permit would have been more appropriate with this application because it could have been buffered Minutes;11-19-1996;Page 4 or limited. He concluded that this element of the statute needs to be reconsidered and that clarity needs to be provided to Council or Planning Commission members that they have opportunity to recast the application. In this case, Councilman Goodson said he thought neighbors were concerned with the type of construction and were not aware that it was residential in appearance with buffering. Councilman Ames confirmed that some of those with whom she spoke said they would not have expressed opposition if they had understood the construction type and questioned if the Planning Commission could consider a lesser zone change. Councilman Goodson clarified that the item is within the time requirement of 60 days after the application (October 21) to allow the applicant to meet with the neighbors and Planning Commission. Councilman Goodson made a motion to table the ordinance, refer the matter back to the Planning and Zoning Commission with a recommendation for reconsideration as an NC application with a specific use permit and parameters set by the Planning Director and staff and resubmitted to Council at the next meeting (December 17). Councilman Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Goodson, Ames, Davis, and Patterson Noes: None 3. Consider approving a change order to the contract with Crain Brothers, Inc., for the Wastewater Treatment Facility Improvement Project. Mayor Pro Tem Cokinos moved to adopt Resolution No. 96-282 authorizing Change Order No. 1 in the amount of $84,918 to the contract with Crain Brothers, Inc., for additional items and work needed for proper completion of the project. Councilman Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Goodson, Ames, Davis, and Patterson Noes: None 4. Consider approving the purchase of a forensic imaging system to be used in criminal investigations by the Police Department. Mayor Pro Tem Cokinos moved to adopt Resolution No. 96-283 authorizing purchase of a forensic imaging system from IBIS Corporation in the amount of$52,998 for use by the Police Department. Councilman Goodson seconded Minutes;11-19-1996;Page 5 the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Goodson, Ames, Davis, and Patterson Noes: None 5. PUBLIC HEARING: Dilapidated Structures A public hearing was called at 2:47 p.m. to consider the twenty-eight (28) below listed dilapidated structures be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1185 Bonham - Bryan Investments, owner(24 violations); 1340 Bradley- Florence Hopkins, (25 violations); 3830 Buffalo - Mary Ward, owner (25 violations); 2105-07 Cable (rear) - E. E. Shamp, Jr., owner (25 violations); 865-67 Cartwright - Gene Herrera, owner (25 violations); 2950 Charles -Jack Howell, owner (25 violations); 1740 Church - W. E. Pugh, owner (19 violations); 2375 Corley - Melinda Franklin (25 violations); 2387 Delaware - Helen Church Estate, owner (24 violations); 1060 Devillenueve - Donald Montgomery, owner(25 violations); 4106 Fonville - Leonard H. Beattie, owner(25 violations); 4240 Garden - Felma O. Franklin c/o Charley Peterson, owner(25 violations); 625 E. Gill - Norvour Akins, owner (25 violations); 1815 Hebert - Willie Mae Guidry (25 violations); 2081 Hemlock - Jefferson County, owner (25 violations); 1645 Herring - John Phillips, owner(25 violations); 2355 Lela and 2365 Lela - Rivers Powell, owner (25 violations each structure); 3448 Magnolia - B. C. Humphrey, owner (25 violations; 3492 Maanolia - Billy K. Gewin, owner(25 violations); 1620 Neches - J. B. Langham Estate, owner (25 violations); 3960 Octavia - A. M. Phelan, owner (23 violations); 2045 011ie, aq rage, - Rosie Lindsey, owner (11 violations); 1696 Pauline - Flora M. Wilridge, owner(25 violations); 2752 Pennsylvania - Hope & Devel. Ctr., Inc., owner (25 violations); 2415 Space - Beatrice Johnson, owner (25 violations); 690 Threadneedle - Mrs. Vernon Milam/W. A. Wilson Estate (25 violations); and 2470 Tyler, front - Sherman & Sherman c/o Mike Sinclair, owner (17 violations); Staff recommendation to raze each structure 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 three (3) 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 two structures in accordance with the Dangerous Structure Ordinance and charge these property owners who have signed consent demolition forms with the cost of the demolitions: 323 M. L. King S. Parkway, 2032 Pennsylvania, and 325 M. L. King S. Parkway. Minutes;11-19-1996;Page 6 The twenty-three (23) below listed structures 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. 7715 Broussard Road, 2425 Buchanan (rear shed), 4150 Buffalo, 2370 Delaware, 1610 Doucette, 749 Euclid, 2660 Euclid, 3236 Euclid, 250 Fletcher, 5860 Garner Road, 1725 Harriot, 2017 Laurel, 2096 Liberty, 1497 Long, 5686 Mel Sha Lane, 1048 Miller, 1030 Pope, 3130 St. James, 570 Schwarner, 3890 Usan, 1620 Victoria, 651 Washington Blvd. (garage), and 355 E. Woodrow (garage apt.). Mr. Lynn DeMary, 430 East Elgie, spoke in favor of demolishing the garage apartment at 355 East Woodrow across from Pietzsch Elementary School. Ms. Pabla Drogo, 1590 Gilbert, spoke in favor of demolishing structures at 1039 and 1041 Avenue D and thanked Council for supporting their neighborhood association. There being no one else desiring to speak, the public hearing was closed at 2:49 p.m. Mayor Pro Tem Cokinos moved to adopt ORDINANCE NO. 96-68, ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilman Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Goodson, Ames, Davis, and Patterson Noes: None OTHER BUSINESS ` Receive report from Lamar University Industrial Technology concerning the annual Photometric Index Survey and the Litter Analysis Survey Under the director of Dr. Gates, students Kirk McDowell, Project Coordinator, Clayton Castille, Michelle Joseph and Jerry Swan, from the Lamar University Industrial Technology Department, presented results from their annual Photometric Index conducted for the City of Beaumont and the Keep Beaumont Beautiful Commission. The Minutes;11-19-1996;Page 7 a grid on the images and counted the amounts of litter in each grid. Litter decreased overall, but is up 157% compared to 1995, at loading docks. The team recommended that the Clean Community Division make follow-up visits to businesses with high litter activity, insert public awareness announcements in monthly water bills, and promote public awareness through news media and local schools. The Litter Analysis Survey was conducted by students Janiece Metcalf, Project Coordinator, Bart Groff, Jason Privat, Michael Stuckey and Jeff Watkins. The team studied Phelan Boulevard from Calder to Dowlen Road; Highland Avenue from Irving to Cardinal Drive, and Lavaca Street from University to Park; and Magnolia Avenue from East Lucas to IH 10; about a week after each street was clean by a city contractor. Phelan Boulevard had the heaviest concentration of litter because of the high concentration of fast-food restaurants; and Magnolia had the least litter. They recommenced a public education program aimed at youth, that vendors refrain from over packing consumer items that could result in litter, enforcement of litter laws, and promotion of community involvement. Review plans for the proposed branch library Maurine Gray, Director of Community Services, updated plans for construction of a branch library that will incorporate 11,500 square feet of floor space on land located at the northeast corner of East Lucas Drive and Helbig Road. The update is attached as an exhibit to the minutes. COMMENTS Councilmembers comment on various matters Councilman Davis said he especially enjoyed hearing State Comptroller John Sharpe speak at a luncheon at the Texas Municipal League of Cities meeting last week and said that Mr. Sharpe has save cities a lot of money. Councilman Ames congratulated the Beaumont Chamber of Commerce for a very successful annual dinner meeting last week. Councilman Goodson reported that he received a telephone call from Delia Harrington, 815 Willow Street, with a concern regarding standing water at the Julie Rogers Theatre, thanked Public Works Director Tom Minutes;11-19-1996;Page 8 Warner for assistance with safety concerns of citizens of the Amelia neighborhood, and discussed potential problems in obtaining a particular park site area for the Amelia area because of a pipeline. Mayor Pro Tem Cokinos questioned permanency of the hump on Gladys Street at West Lucas and was advised by Staff that it is permanent. The design to carry drainage. Mayor Moore congratulated Mercy Funeral Home for opening another service on Fannett Road, congratulated the Reverend Jones for his appointment as pastor of Ebenezer Baptist Church, spoke about the Texas Correctional seminar and workshop held in our community, and complemented students from Smith Elementary School and the Smith Elementary Gospel Choir for an excellent performance Sunday afternoon at the Texas Correctional seminar. Public Comments (Persons are limited to 3 minutes) No citizens wished to make public comment. There being no further business, the meeting adjourned at 3:20 p.m. Mayor David W. Moore Patrice Fogarty, Ci Clerk Minutes;11-19-1996;Page 9 ENTER-OFFICE MEMORANDUM City of Beaumont, Texas Community Services Department Date: November 15, 1996 To: Ray A. Riley, City Manager From: Maurine Gray, Director of Community Services Subject: North End Branch Library COMMENTS In 1995, City Council advanced the wheels of citizen enrichment by budgeting $500,000 of Community Development Block Grant funds for the land acquisition, design and partial construction of a north end branch library. An additional $600,000 was budgeted in April 1996 for a total project allocation of $1,100,000. A 6.96 acre tract of land located on the northeast corner of East Lucas Drive and Helbig Road was acquired as the site of the new branch library at a cost of$47,000. After the purchase of the property in February 1996, solicitation for architectural services was begun. From the six proposals received, the Beaumont firm of Long*Magnuson Architects, Inc. was selected to design and manage the construction of the new facility. Prior to beginning the building's design, members of the Library Commission, the architectural firm and city staff toured newly constructed library sites to develop ideas which could be incorporated into the facility. After all of the ideas, potential problems and solutions were assimilated, the architects were able to develop an overall plan for the structure. The schematic design, which meets both functional and operational needs, was presented to and approved by the Library Commission. Following approval of the schematic design, construction and bidding documents were prepared by the architects. Presented for City Council review and approval are the completed North End Branch Library's plans and specifications, as developed through a joint effort of the Library Commission, Long*Magnuson Architects and city staff. To aid in City Council's review, I have attached architectural drawings of the proposed building's perspective, the southern(front), northern (rear), western and eastern exterior exposures, and a copy of the proposed floor plan. The detailed construction documents are available if desired. The proposed design incorporates H, square feet of floor space. There are 56 parking spaces and a bike rack adjacent to the front entrance for patrons use. The parking lot and building exterior are well lighted to insure safety and ease of entry during evenning hours. Covered canopies over the two front entrances will EXHIBIT North End Branch Library November 14, 1996 Page 3 provide protection from the elements as patrons move to and from transportation. The entrance vestibule allows access to the library and to the public meeting room. The restrooms are located in this area to provide joint access to library and meeting room patrons. Special attention was given to providing access in accordance with Texas Architectural Barriers Act statutes to physically challenged individuals. The public meeting room seats approximately 50 people in a theater seating configuration. A serving kitchen with a refrigerator and ample counter space is attached to the meeting room. The kitchen also has direct access from the vestibule for delivery of food during meetings. Upon entering the library space, the circulation desk is strategically located in the center of the building, in front of the patron. From this location, library staff working behind the desk has an unobstructed view of the vestibule and restroom entrances as well as a good view of the library. Also, located near the circulation desk is a copying center and the computerized catalog stations for both adults and children. While standing in the library entry area, the adult book collection is to the patron's left and the children's is to the right. A vaulted ceiling down the center of the two sections will enhance the feeling of spaciousness while providing a reflective background for concealed illumination. To be located in the adult area, near the entrance, is the reference desk and associated shelving. Book stacks, tables and chairs are to be disbursed throughout the room. The adult stacks are designed to hold a collection of more than 1 5,000 volumes. This area is also planned to provide paperback book racks, four person capacity study tables, comfortable lounge chairs and individual reading carrels with computer connections. Two private rooms with glass fronts that literacy tutors and students may use for their meetings are also located in this area. The children's area is designed specifically to enhance the young patron's library experience. Entrance to the children's area is gained through two brightly colored "tunnels" of different heights; small for children and large for adults. The tunnel element serves as a graphic invitation to a fun area as well as providing sound defusion for the remaining library. Once inside, a large tower constructed of glass blocks at the southeast end becomes the rooms focal point. Within the tower is a raised area for use in storytelling and children's play. The children's book stacks will hold approximately 12,000 volumes, along with racks for paperback books. The area is designed to provide two child-sized tables with chairs and lounge furniture for the comfort of parents. This section also provides a unisex child's restroom and a workroom for the children's librarian. The staff/work area is located at the rear of the building. It contains a workroom for processing and storing books, a Branch Manager's office, a staff lounge with kitchen, staff toilets and personal lockers. The workroom and branch manager's office both have glass fronts for a constant view of the circulation desk to provide assistance if needed. A secured rear entrance is provided to allow access to the staff parking at the rear of the building. North End Branch Library November 14, 1996 Page 3 An exterior book drop is provided at the rear of the building to allow for after-hour book returns. The covered walk-up depository is located near the lighted rear entrance and is within easy access of the parking lot. A fireproof door and interior enclosure is proposed for the book drop for additional safety. The architect's estimated construction cost of the proposed North End Branch Library building is $1,168,050. This cost does not include furnishings, such as book stacks, desks, tables and chairs, nor the collection of books. If approved, the building project will be published for bidding on November 25, with bids due on December 16, 1996. Approximately 300 calendar days are required to complete the construction. I do believe that the citizens of Beaumont, especially those living in the surrounding neighborhood, will be extremely proud of this addition to the library system. It has been designed to be an exciting and inviting building; one that neighbors will proudly call "our library." r NORTHEND BRANCH LIBRARY CITY OF BEAUMONT P��dlll l ........... - V,_-Ozt Long r Magnuson - Ste. 206 Beaumont, TX. 77706 '• 1. s.{ ts.1. •n .v. EXTERIOR ELEVATION - Southern Exposure i EXTERIOR ELEVATION - Northern Exposure _ 1 3 3q, f r G, ..... I`�F.I4 P w77 r - r neunu..� -. n........... Mm ��l�tWit nun o'..,j r ' ':®• b r - = - - . ►.......... - _ _ _ — — - ...Y...n _ — - i }���L�y♦A d'7a_ .. W iaPn�iD.9 , 2 �� �V C� _� 1 1., , � , I/ • — — I I ®, WO».�, wanes v r�POW` r -P", { i ��7ry a ,F�f F rY./FX 3v a •'aZ ks �.��ro �,p3 "' wr % r / I