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Home My WebLink AboutMIN MAY 29 1997 M I N U T E S - CITY OIL B EAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Andrew P.Cokinos,Mayor Pro Tem Guy N. Goodson CITY COUNCIL MEETING Becky Ames John K. Davis APRIL 29, 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 April 29, 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 (excluding items 1-5) * Consent Agenda Mayor Moore called the meeting to order at 1:34 p.m. The Reverend Richard Elwood, Saint Mark's Episcopal Church, gave the invocation. Councilmember Patterson led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson Ames, 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. Two Proclamations were issued: "YMBL Rodeo Week," April 28-May 3, 1997; and "Day of Commitment to Eliminate Racism," April 30, 1997. Citizens were invited to comment on the Consent Agenda and Main Agenda Items 8 and 9. No one wished to address these subjects. CONSENT AGENDA The following Consent Agenda items were considered: * Approval of minutes * Confirmation of committee appointments - None considered A) Consider authorizing the purchase of vehicles and equipment - R-97-92 (tandem axle cab and chassis, Olympic Truck Sales, $85,632.09) - R-97-93 (50 ton lowboy trailer, Smart's Truck & Trailer Equipment, Inc., $43,765; and 2, 10 ton trailers, Bourg Trailer Industries, Inc., $15,300) - R-97-94 (2 sedans, $29,822, and 1 pickup truck, $16,721, $46,543 total, through State of Texas Cooperative Purchasing Program) and R-97-95 (backhoe, Equipment Headquarters, Inc., $42,450) B) Consider awarding a bid for printing the Comprehensive Brochure for the Convention and Visitor's Bureau (Kay's Composition, $18,237) - R-97-96 C) Consider authorizing the settlement of a claim (Joseph Pete, $13,000) - R-97-97 D) Accept improvements constructed in Pecan Place, Unit Two for City maintenance - R-97-98 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and an amended specific use permit to allow the expansion of an existing social service facility at 4590 Concord; Mayor Pro Tem Cokinos moved to adopt Ordinance No. 97-22 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 LOCATED IN THE 3800 BLOCK OF TRAVIS DRIVE PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT TO RM-M(RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) TO ALLOW EXPANSION OF AN EXISTING SOCIAL SERVICE FACILITY AND AMENDING THE SPECIFIC USE PERMIT FOR THE SOCIAL SERVICE FACILITY TO INCLUDE THE ADDITIONAL PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located at 4115 Bennet Road; Minutes;4/29/97;Page 2 Councilmember Smith moved to deny 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 RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY)DISTRICT FOR THE PURPOSE OF DEVELOPING MEDIUM DENSITY MULTIPLE FAMILY USE OR A RESIDENTIAL CARE FACILITY AT 4115 BENNET ROAD IN BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Davis seconded the motion. MOTION FOR DENIAL PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 3. Consider a request for a zone change from GC-MD (General Commercial Multiple-Family Dwelling) District to LI (Light Industrial) District for a 1.03 acre tract located at 1075 MLK Parkway; Councilmember Smith moved to adopt Ordinance No. 97-23 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 Ii (LIGHT INDUSTRIAL)DISTRICT TO ALLOW WAREHOUSING AND MOTOR FREIGHT TRANSPORTATION FOR A 1.03 ACRE TRACT OF LAND AT 1075 MLK PARKWAY, BEAUMONT,JEFFERSON COUNTY, TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 4. Consider a request for a specific use permit to allow an elementary school on the north side of Walden Road; Mayor Pro Tem Cokinos moved to adopt Ordinance No. 97-24 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ELEMENTARY SCHOOL IN AN AREA ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT, RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT AND AR (AGRICULTURAL- RESIDENTIAL)DISTRICT FOR PROPERTY LOCATED ON THE NORTH SIDE OF WALDEN ROAD, SOUTH OF A DD#6 DRAINAGE EASEMENT AND WEST OF THE T.W. LANE SUBDIVISION IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None Minutes;4/29/97;Page 3 5. Consider a request for a specific use permit to allow a retail refreshment stand in an NC (Neighborhood Commercial) District at 1390 Brockman; Councilmember Patterson moved to adopt Ordinance No. 97-25 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RETAIL REFRESHMENT STAND IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1390 BROCKMAN, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 6. Consider a request for a tax exemption for 1645 Orange Street; Councilmember Smith moved to adopt Resolution No. 97-99 authorizing a ten-year historical tax exemption to David Bienvenue for property at 1645. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 7. Consider a request for an historic preservation loan for the residential structure at 1645 Orange Street; Councilmember Smith moved to adopt Resolution No. 97-100 authorizing a historic preservation loan in the amount of $30,000 to David Bienvenue. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 8. Consider authorizing an annual contract for guard services and events staff for the Community Services Department; Mayor Pro Tem Cokinos moved to adopt Resolution No. 97-101 authorizing a contract with Delta Security, Inc. at an estimated cost of $116,490.00. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None Minutes;4129/97;Page 4 9. Consider authorizing the purchase of two dump trucks for use in the Public Works Department; Mayor Pro Tem Cokinos moved to adopt Resolution No. 97-102 authorizing purchase of two 1997 model Volvo cab and chassis equipped with 14 cubic yard dump bodies from Smart's Truck and Trailer Equipment, Inc. in the amount of $152,936. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None 10. Consider an ordinance 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. Ordinance No. 97-26 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: The City Manager reported that the structure at 5270 Midford has been recently purchased, a work program has been established with the new owner and has been removed from Section 4 of the ordinance. The twenty-one (21) below listed dilapidated structures are found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3975 Adilade - Ernest & Mazie Miller, owners (25 violations); 1210-20 Archie - Gosby King, owner, (25 violations); 6765 Bigner Road - Ruth Lamb, owner (25 violations); 3140 Cook - Delta Cole, owner (25 violations); 675 Dixie Drive - Jacgwelyn Fritz, Attn: Diane Roedahl, owner(25 violations); 1170 Glasshouse - Cecil B. Morris, owner (25 violations); 2635 Hazel - Creola Dunn, owner (25 violations); 3965 Houston - Dolores Giles, owner (25 violations); 545 Jackson - Ruby Westley Estate, owner(25 violations); 1315 Madison - Madie J. Barry, owner (25 violations); 1325 Madison - Virginia Brown, owner (25 violations); 3960 Octavia - Mrs. Julia Bellard (25 violations); 5465 Phelps Road - Frettya P. Simmons, owner (25 violations); 1157 Powell - Eula M. Simon c/o David Simon, owner (25 violations); 5280 Seal Road (shed in rear) - W. J. Downs, owner (25 violations); 1709 Texas - Thomas Clausy ET UX, owner(25 violations); 2970 Texas - Jack Guillory, owner (25 violations); 2288 Victoria (front) and 2288 Victoria rear apartmenj - Mr. & Mrs. Neil Laminack, owner of both structures (25 violations each); 1438 Wall - John M. Aulbaugh, owner (25 violations); and 2560 Washington Blvd. - Gretchen G. Smith, owner (25 violations). Minutes;4/29/97;Page 5 The Clean Community Division of the Central Services Department is requesting authorization to demolish the below listed four structures in accordance with the Dangerous Structure Ordinance and charge the property owner with the cost of the demolition. 780 E. Gill; 3301 Grand; 5770 Meadowview; and 7796-98 Tram Road. The eleven (11) 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. 3253 Bennett Road; 2260 Carrol; 1895 Cartwright; 985 Church; 1690 Gill; 2580 Hemlock; 432 Jackson; 2240 Laurel; 805 Peach; 1880 Pine; and 1888 Pine. PUBLIC HEARING: Dilapidated Structures - Opened at 1:58 p.m. Mr. Dwight Gassaway, 1198 Harrison, addressed Council to state that he has purchased the structure at 1709 Texas and requested 30 days to rehabilitate and bring the structure in compliance with City codes. The public hearing closed at 2:01 p.m. Item No. 16, the structure at 1709 Texas, was removed for separate consideration. Mayor Pro Tem Cokinos moved to adopt Ordinance No. 97-26 (excluding 1709 Texas). Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None Mayor Pro Tem Cokinos moved to grant a 30 day extension for the owner to establish a work program for the structure at 1709 Texas. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None Minutes;4/29/97;Page 6 On a motion made by Councilmember Goodson, the public hearing reopened at 2:50 p.m. to address comments of Esther Morris, a resident of Houston, who arrived late at the meeting. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None Mrs. Esther Morris, Houston, addressed Council to request an extension to rehabilitate the structure at 1170 Glasshouse. Mrs. Morris said even though the structure is deteriorated, she would like to bring the house back into compliance with City codes. Her husband has recovered from back surgery and has the ability to complete the reconstruction. The public hearing closed at 2:51 p.m. Councilmember Smith moved to amend Ordinance No. 97-26 to remove the structure at 1170 Glasshouse from the raze order and allow 45 days to establish a work plan for rehabilitation. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Goodson, Ames, Davis, and Patterson Noes: None COMMENTS Councilmembers comment on various matters Councilmember Goodson thanked Councilmember Smith, the City Manager and Mayor Moore for the preparation pertinent to the productive meeting with B I S D last night. Councilmember Patterson said that during her two-year tenure on Council, there has been a sentiment in Ward IV and throughout the east side of town, that there is not enough diversity in the top level of employment in the City of Beaumont. She said this is an important issue with her, wants special attention given to her concern and asked the City Manager to move forward toward a solution. She said another area of concern is that some employees at the lower end of the pay scale feel that the City does not care about them and they do not receive pay increases at the level of those in higher positions. Councilmember Patterson said City employees work very hard, commended their efforts, said about 650 City employees are at the lower pay scale and requested that the City Manager and the Finance Department give special attention to giving an across the board raise to all employees. Minutes;4/29/97;Page 7 Since this is the last Council meeting for this term, Councilmember Patterson thanked her constituents for giving her the opportunity to serve them, said it has been a learning and rewarding experience. She said much work has been done, but there is much more to do. She thanked Council for the working relationship she has shared with them and said she looks forward to remaining with them and the city progressing. * Public Comment (Persons are limited to 3 minutes) Mr. Allen Lee, 5095 Maddox, began his comments to Council by claiming Councilmember Patterson did not respond to signers of the petition for a Civilian Review Board and has no justification for reelection, described another as a "Hail Bopp" or "Nike Shoe" candidate and asserted that the agenda for the Concerned Citizens and Taxpayers of America saved the wading pools in the parks, circulated a Civilian Review Board petition, said they are in pursuing a Court case, spoke about telephone pole replacement, efforts with Entergy relative to ice storm related problems, cited the incident of Germaine Lewis being pepper- sprayed, said the City Manager and City Attorney need to retire, accused the City Clerk of an incident in early voting, and said this Council is of a demonic presence. Ms. Susan Walsh, 8095 Glenmeadow, addressed Council to request bus service from Phelan down Major Drive to Gladys to accommodate students and other citizens. Ms. Walsh also asked for direction with electrical lines cut at a rental house (by a utility company) and she ultimately being forced to purchase a replacement box for a cost of$700. Ms. Walsh said she was not responsible for the lines being cut, could not afford the replacement cost and would like to be reimbursed. Mrs. Paubla Ydrogo, 1590 Gilbert, addressed Council as a member of the Avenues Neighborhood Association congratulated Council for their fine work, thanked the South Park Neighborhood Association for the invitation to attend a meeting, said she learned a lot, announced that their association will meet at 8:00 a.m. Saturday at Christo Rey to pick up trash in their neighborhood and for further information, Benny Mendosa may be contacted at 838-3176 and said she will participate in the Paint-a-Thon on May 3. Ms. Catherine Wiggington, Elgie Street, president of the South Park Neighborhood Association, addressed Council to question why a two block portion of Chaisson is not being paved to conform with the remainder of the construction, spoke about flooding at Ector and Avenue A, utility lines installed on Victoria Street that crossed Chaisson Park and left the park in disrepair, said that area should be curbed and guttered, spoke about structures on Highland Avenue that need to be demolished and asked for assistance. Mr. Ivory Pugh, 5750 Stanford, addressed Council to again complain about treatment of his son. He said his son was beaten by police, asked the City Manager to take care of the prejudiced policemen and the City Attorney to talk to him about pending cases he has filed against the City. Mr. Pugh was advised by Mayor Moore that because there are pending cases, Staff cannot address the subject, and dialogue will have to be made by his counsel. Minutes;4/29/97;Page 8 Ms. Joyce Akin, 359 Clemmons, addressed Council and referred to juvenile detention facilities being overcrowded, spoke of programs for younger children and said planned activities should be available for teens. Mrs. Gethrel Williams, 4495 Fortune Lane, addressed Council to state that children are a priority of the City, that human development leads to economic development, said she hopes that some of the $136,000 designated for the Melton YMCA will be earmarked for children and for those who possibly cannot afford memberships. Mr. Thomas Lewis, 5475 Emerald, addressed Council to speak about regulations regarding stacking firewood and to express his concern about communication between City personnel. Mr. Richard Schlesinger, 2035 Toledo, a former City employee, addressed Council to complain about treatment received by City Staff when he tried to communicate with friends near the work site after completion of their shift. He also complained about denial of an appointment with Mayor Moore. Council reminded Mr. Schlesinger of previous meetings with him, and Mr. Schlesinger said this is a new problem. EXECUTIVE SESSION Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Mark Spivey v. City of Beaumont, et al Claim of Jimmy Beverly Claim of Darwin Williams Claim of Associated Environmental Services, Inc. There being no further business, the meeting adjourned at 2:55 p.m. Mayor David W. Moore Patrice Fogarty, Ci Clerk Minutes;4/29/97;Page 9