HomeMy WebLinkAboutMIN OCT 28 1997 M I N U T E S - CITY OF BEALUMONT
Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames,Mayor Pro Tem
Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos
John K.Davis OCTOBER 28,1997 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 October 28, 1997,
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 1:35 p.m. Father Patrick Gahan, of St. Stephen's
Episcopal Church, gave the invocation. Steve Richardson, Planning Director, 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; and Patrice Fogarty, City Clerk.
*Presentations and Recognition: One proclamation was issued entitled, "National Restaurant
Month," for October, 1997. Dave Jones, president of the Restaurant Association accepted the
proclamation on behalf of the association.
*Public Comment: Citizens were invited to comment on the Consent and Main Agenda. No
comments were forthcoming.
CONSENT AGENDA
* Approval of minutes of the regular meeting held October 21, 1997
* Confirmation of committee appointments - No committee appointments.
A) Approve equipment purchases
1) Approve the purchase of a herbicide spray unit for use at the Wetlands -
Resolution No. 97-263;
2) Approve the purchase of surveillance equipment for use in the Police
Department - Resolution No. 97-264;
B) Authorize a payment to the South East Texas Regional Planning Commission for FY
1998 membership dues - Resolution No. 97-265;
C) Approve an annual contract for the purchase of air, oil, and fuel filters for use in the
Fleet Management Division - Resolution No. 97-266;
D) Accept improvements constructed in M.L. King, Jr. Addition for City maintenance -
Resolution No. 97-267;
E) Authorize the City to apply for an accept a grant for the continuation of the Southeast
Texas Auto Theft Task Force - Resolution No. 97-268; and
F) Authorize the settlement of a lawsuit - Resolution No. 97-269.
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 RM-H (Residential Multiple Family Dwelling-
Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) for properties
located at the four corners of the intersection of Franklin Street and Avenue C and
extending to Avenue D.
Council amended the rezoning to Neighborhood Commercial rather than GC-MD.
Councilmember Cokinos moved to adopt Ordinance No. 97-53, rezoning to NC
(Neighborhood Commercial) properties located at the four corners of the intersection of
Franklin Street and Avenue C and extending to Avenue D. 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 specific use permit to allow a wrecker service next to an existing
auto repair shop in an RCR (Residential Conservation and Revitalization) District at 1455
Fannin at Avenue A.
Councilmember Smith moved to adopt Ordinance No. 97-54, approving a specific use permit
to allow a wrecker service next to an existing auto repair shop in an RCR (Residential
Conservation and Revitalization) District at 1455 Fannin at Avenue A. Councilmember
Davis seconded the motion. MOTION PASSED.
Minutes;10/28197;Page 2
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 horticultural specialties business in
an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 4700 and 4710
Steelton Avenue at Tyler.
Councilmember Cokinos moved to adopt Ordinance No. 97-55, approving a specific use
permit to allow a horticultural specialties business in an RM-H (Residential Multiple Family
Dwelling-Highest Density) District at 4700 and 4710 Steelton Avenue at Tyler. 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
4. Consider a request to abandon portions of Bowie, Avenue D, and Fannin.
Councilmember Davis moved to adopt Ordinance No. 97-56, abandoning portions of Bowie,
Avenue D, and Fannin. Councilmember Smith seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
5. Consider adopting the City of Beaumont Investment Policy as amended.
Councilmember Goodson moved to adopt Resolution No. 97-270, adopting the City of
Beaumont Investment Policy as amended. Councilmember Davis seconded the motion.
MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
Minutes;10/28/97;Page 3
6. Consider approving contracts with Statewide Consolidated Community Development
Corporation (SCCDC) relating to the 1997 HOME Grant Program.
Councilmember Davis moved to adopt Resolution Nos. 97-271, 97-272, and 97-273,
approving contracts with Statewide Consolidated Community Development Corporation
(SCCDC) relating to the 1997 HOME Grant Program. 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
7. PUBLIC HEARING: Dilapidated Structures
Ordinance No. 97-57 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 was introduced. City Manager Riley stated that the structure at
4245 Gladys was recently sold or changed ownership, and it must be removed from the list.
Pam Loiocano, Field Supervisor, Clean Community Division, informed Council that the new
owners have stated their intent is to demolish this structure through a private contractor.
The public hearing was opened at 2:05 p.m. to hear public comments regarding Ordinance
No. 97-57. Sandra Carter addressed City Council regarding the structure at 2020
Broadway. She requested a work program for the garage apartment , and was granted 60
days in which to develop a work program and begin renovations. This property is removed
from the "raze or repair" list. There were no other public comments forthcoming, and the
public hearing was closed at 2:12 p.m.
City Council considered Ordinance No. 97-57 (with the removal of properties at 2020
Broadway and 4245 Gladys) 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 failed to comply with condemnation orders. The 28 below
listed structures are found to be in violation of the City of Beaumont's Code of Ordinances,
Chapter 14, Article III, Section 14-50. Each property has twenty-five (25) violations. Staff
recommendation is for owner(s) to demolish and remove said structures within 30
days of the date of this ordinance: 995 Avenue B -Curtis L. Gill, III, owner; 2300 Avenue
D - Janie Mae Mitchell; 1661 Blanchette (garage apartment) - Lesia M. Jefferson, owner;
1425 Burt - Belma Jones, owner; 1545 Burt - Nolia Newman, owner; 875 Cartwright -
McCabe Roberts Avenue lViethodist Church, owner; 4490 Ector- and 4490 Ector (garage) -
Alethia Perrault, owner; 563 Euclid and 565 Euclid - Michael W. Jackson c/o Ruby Joubert
Minutes;10/28/97;Page 4
Williams, owner; 1305 Evalon - Thomas Washington Estate, Attn: Leotha Denson, owner;
275 Fletcher - Louis Butler, owner; 430 Fletcher - Lynn & Rachal Savoy, owner; 3608
Glenwood - Rev. Hugh Harrell Go Betty Jackson, owner; 2950 Hebert - Myrtle Broussard,
Attn: Foy Doucette, owner; 2650 Hegele - Dewey Lyons, owner; 285 Iowa (barn) - Dwayne
Y. & Elsie Buckley; 500 Jackson - Haywood Perkins, Sr., owner; 2235-41 Laurel - Cindy &
Melvin Cooper Estate; 2250 Leight - Jo Beth Lackey; 1614 Port - Eddie Lambert, owner;
5260 Roberts Road - George R. Rutledge, et ux, owner; 325 E. Simmons - Joseph Watts,
owner; 2655 Sycamore, 865 Villiva Lane, 875 Villiva Lane (sheds), 895 Villiva Lane, and
899 Villiva Lane - Sherman & Sherman, Inc., owner.
The three below listed structures are found to be in violation of the City of Beaumont's Code
of Ordinances, Chapter 14, Article III, Section 14-50. Each property has twenty-five (25)
violations. Staff recommendation is for owner(s)to demolish repair, or initiate a work
Program for repair within 30 days: 1150 Delaware and 1150 Delaware (garage apartment)
- Dr. Herbert Joseph, Jr., owner; and 1373-75 Evalon - Cyntheal Rosemary Lee, owner.
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 Clean Community
Division of the Central Services 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: 2150 Buchanan; 1257 Evalon; and 2345 St. Anthony.
The following twenty-two (22) 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 and charge the property
owners with the cost of demolition: 2221 Avenue E, 2005 Delaware, 1895 Franklin
(front), 1895 Franklin (garage apartment), 2350 Grand (church), 1772 Herring Alley, 2196
Leight, 180 Manning, 1046 Miller, 330 Parkway Drive, 610 Pollard, 630 Pollard, 2230
Poplar, 2376 Sabine Pass Avenue, 1030 Schwarner, 1040 Schwarner, 1050 Schwarner,
1060 Schwarner, 1709 Texas, and 856 Trinity.
Minutes;10/28/97;Page 5
Councilmember Cokinos moved to approve Ordinance No. 97-57, finding certain structures
to be public nuisances and ordering their demolition and/or repair; providing for severability
and providing for a penalty. Councilmember Smith seconded the motion. MOTION
PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
OTHER BUSINESS
Report from the Beaumont Housing Authority - John Goodyear, Chairman of the
Beaumont Housing Authority addressed Council regarding BHA, its goals and
accomplishments.
Report on Employee Healthcare Plan -Glenda Lundy, Director of Human Resources,
addressed Council regarding healthcare issues and a recommendation to implement
a plan design and copay change in the prescription drug benefit effective January 1,
1998.
Review proposed plans for construction of 11th Street (Washington - Fannett) -Tom
Warner, Director of Public Works, addressed Council regarding the construction
plans for 11 th Street.
COMMENTS
Councilmembers comment on various matters:
Councilmember Patterson stated that she is very happy and thankful to Tom Warner for his
follow up on the lighting problems in Tyrrell Park. The plans and recommendations have
been submitted to Entergy, and Tom will check with Jim Cline to see if Entergy has gotten
back with them. She also reminded everyone to vote on November 4, which is election day.
Early voting will continue through Friday, October 31, 1997. She thanked Jan Haynes and
crew for the wonderful "red ribbon" activities of the Sheron Ward Hands Across Beaumont
Red Ribbon Parade and Rally for a Drug-Free Beaumont. She also stated that the Girls
Haven Gumbo Cookoff was a great success, and the police department had the best
gumbo. She congratulated Mayor Pro Tem Ames for being honored with the Spindletop
Business and Professional Women's Organization's "Woman To Watch" annual award.
Councilmember Davis stated that he and Councilmember Cokinos celebrated last Friday
along with many others at the 51 st anniversary of the founding of Reverend Daniels' church.
In addition, he asked the City Manager if he would facilitate in having someone, possibly the
Minutes;10128197;Page 6
zone commander or a lieutenant with the police department, to meet with the residents of
the Northridge Manner Complex as soon as possible to discuss methods of safety and crime
prevention.
Mayor Pro Tem Ames congratulated the city of Beaumont for its participation in the "Drive
For the Cure," which raised a great deal of money for the Susan G. Komen Breast Cancer
Foundation for breast cancer research. Beaumont raised more money than the city of
Houston. She congratulated Suzanne Birdwell for a great job in heading up the fundraiser,
and Joe Bob Kinsel with Kinsel BMW for sponsoring the event. Shirley Alter was an
honoree. She stated it was a great event. Also, she congratulated Girls Haven for the
successful gumbo cookoff this past weekend.
Councilmember Cokinos congratulated Reverend Daniels on the 51 st anniversary of his
church.
Councilmember Goodson congratulated all those previously mentioned, and stated that
CASA had a very successful walk Saturday morning. He is very thankful that we once again
received the funding on the Southeast Texas Task Force and is very proud of the efforts
they have made for Beaumont and surrounding areas.
Councilmember Smith stated that there were a great number of fund raisers last week, and
we as a city did very well. She congratulated Mayor Pro Tem Ames on her award, and
stated it is well deserved. She reminded everyone that on November 22, 1997, there will
be a celebration of family at the Civic Center. It will be a really nice first event.
Mayor Moore thanked Council for their participation in the events he is unable to attend.
He congratulated Rev. Daniels on his 51 st anniversary. He congratulated Mayor Pro Tem
Ames on her honor. Mayor Moore stated the CASA walk was very interesting, and he
thanked Dr. Thomas for being the chairman of the event. He stated that the Red Ribbon
activities were wonderful, and the participation was even greater than it was last year. He
congratulated Tom Harkins and Jan Haynes for their great job. He congratulated the
Beaumont Fire Dept. and Golden Corral for their past weekend activities, and thanked
Entergy and Mobil for continuing to make the firehouse safety program a success.
Regarding dilapidated structures and the cleanup process for the city, Mayor Moore
requested staff give an overview to the area on Fannett Street traveling north all the way
to Washington Blvd., bordered by 11 th Street and 4th Street and give this area some
additional attention.
Minutes;10/28/97;Page 7
* Public Comment (Persons are limited to 3 minutes)
Lou Saldania, 2111 Orange Street, Beaumont, addressed Council representing the Heart
of the City Neighborhood Association. At their October 21 meeting, some questions were
asked about the halfway houses in their area: (1) Does the City monitor the supervision in
the existing houses; (2) Is it true that the Council has authority over the approval to establish
new houses in their area; and (3) Can existing houses be sold to another business and be
operated as a halfway house without the City Council's approval? She expressed their
disapproval and disappointment with the lack of supervision at the existing halfway houses
in their area. It is typified by the conduct of the residents in approaching and talking to
children from Ogden Elementary School. They are concerned about the reported hanging
at the halfway house at 2236 Victoria Street. They are disappointed that the police
computer printout of robberies, etc., are no longer available for them to know at their
meetings what is going on in their area. Mayor Moore turned the questions and concerns
over to the City Attorney for answers. Other members of the neighborhood association
attending were: Elizabeth Shelton, 1696 Victoria; Kandra Henry, 2325 Victoria; Zanovia
Henry, 2570 Victoria; and Mary Speer, 2196 Orange St.
Councilmember Goodson requested that the City Attorney supply this association with the
information supplied to Council sometime back regarding halfway houses.
Casandra Stevens, 5430 Spencer, stated she is speaking as an advocate for Spencer
Harper who lives at 5015 Pine St. She voiced concerns regarding the bus stop and its
proximity to the apartment complex and whether or not it can be relocated closer to that new
developed area on Pine Street. She stated that the lighting is very poor out on Pine Street,
and there are some safety issues regarding both of these problems. She asked for
sidewalks to be put in, stating that some of the safety issues would be solved if the residents
had sidewalks.
Lucille Martin, 1145 Skipwith, also spoke as an advocate for Spencer Harper. She asked
that police give extra attention to the speeding traffic in the area.
John Embrick, 2900 Ave. A, stated that he received a letter from the water department
requesting that he put in a water meter from out of his easement to the side of the road. He
stated he has changed all of the pipes underneath his home. The city put a cement block
on the side of the road, which he admits is conducive to reading the meters. The second
problem is that in 1993 or 1994, the City worked on his street and the drainage in the area.
He stated that the City damaged the sidewalks and the area in front of his house has not
been repaired but the neighbors across the street got their's repaired. Mayor Moore stated
that Tom Warner will check into these problems.
Minutes;10/28197;Page 8
EXECUTIVE SESSION
* Executive Session in accordance with Section 551.071 of the Government Code to
discuss contemplated or pending litigation:
State of Texas, et al v. Brand Darwin Combest, et al
*Executive Session in accordance with Section 551.074 of the Government Code to
consider the evaluation of appointed officials: specifically the City Attorney
There being no further business, the meeting adjourned at 3:13 p.m. to reconvene in executive
session.
Mayor David W. Moore
Patrice Fogarty, ity Clef
Minutes;10/28/97;Page 9