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HomeMy WebLinkAboutMIN SEP 26 1989 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 26, 1989 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session the the 26th day of September, 1989, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Michael Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Gary Masterson, Associate Pastor at First United Methodist Church. The Pledge of Allegiance was led by Betty Moulis, a student at Christian Schools of Beaumont High School. -000- Mayor Meyers announced that an Executive Session will be conducted in accordance with Section 2(e) of the Texas Open Meetings Act to discuss pending or contemplated litigation following the Regular Session of City Council. -000- Three Proclamations were issued: "National Quality Month," October, 1989; "Fourth Annual Senior Games of Beaumont Day, " September 30, 1989; and "Public Health Week," September 24-30, 1989. -000- Mayor Meyers reported published statistics show Beaumont' s crime rate is up 2. 1% while the State crime rate has risen 3 . 8% and Houston' s major crime rate has increased 7. 6%. Reflecting on the higher percentages in the State and Houston and the challenge of drugs relating to crime, he said our City is doing a good job meeting this challenge. -260- September 26, 1989 Citizen comment was invited on the Consent Agenda and Main Agenda Items six through nine. No one wished to address these items. -000- Since Councilman Cokinos is an employee of Beaumont Bank, he requested Item D on the Consent Agenda authorizing execution of investment depository agreements be voted upon separately. The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 19, 1989; Resolution No. 89-191 authorizing Texas Commerce Bank - Beaumont to pledge $4,000,000. 00 in securities effective September 25, 1989; Resolution No. 89-192 appointing Marcus H. Dougharty to the Clean Community Commission for a term expiring September 30, 1990; Resolution No. 89-193 authorizing a waiver of penalty and interest charges on property tax accounts as a result of billing errors or other mistakes not the fault of the property owners for Carol Grosvenor, Account No. 067550-033600, $557. 36 on taxes levied for 1984, Felipe Iglesias, Account No. 043000-018200, $90. 43 on taxes levied for 1986 and 1987, and Frederick Bush, Account No. 052800-058900, $153 . 51 on taxes levied for 1981; Resolution No. 89-194 authorizing purchase of a brush cutter for the Water Utilities Department in the amount of $12,785 from Case Power and Equipment Company; and Resolution No. 89-195 authorizing a contract with Swain Company in the amount of $23 ,131 for erection of a 2,000 square-foot pre-engineered metal building at the sewage treatment plant to provide a centralized work place for maintenance crews. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 89-196 authorizing execution of two-year investment depository agreements, succeeding the two-year agreements which expire September 30, 1989, with First Interstate, Beaumont Bank, First City Texas Bank--Beaumont, NCNB Beaumont, Bank One Beaumont, Parkdale State Bank, Plaza National Bank and Texas Commerce Bank--Beaumont to permit them to bid on City certificates of deposit at the time investments are made was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. -261- September 26, 1989 Question: Ayes: Mayor Meyers Nayes: None Councilman Lee Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore Abstention: Councilman Cokinos -000- Ordinance No. 89-71 authorizing a specific use permit for expansion of Spindletop Bolt and Gasket Company in an existing building at 5190 Wall Street and a proposed new building at 5155 Wall Street as requested by Garry W. Robinson was considered: ORDINANCE NO. 89-71 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE OPERATION OF AN INDUSTRIAL BOLT AND GASKET DISTRIBUTOR, INCLUDING WAREHOUSING AND LIGHT FABRICATION IN AN EXISTING BUILDING ON PROPERTY LOCATED AT 5190 WALL STREET AND A PROPOSED BUILDING AT 5155 WALL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 89-71 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- An ordinance to grant a specific use permit for construction of a church sanctuary and an activity/education facility on a 6.184-acre site at 1410 South Twenty-third Street in an area zoned RS (Residential Single Family) as requested by Ebenezer Baptist Church was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW CHURCH AT 1410 SOUTH 23RD STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Due to consideration of the wishes of the neighborhood regarding traffic, future development of the residential community in that neighborhood, and unsettlement of the community, the ordinance was denied on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Cokinos Lee Councilman Smith Councilman Councilman Samuel Brumley Councilman Moore -262- September 26, 1989 Ordinance No. 89-72 amending Chapter 30 of the Code of Ordinances by changing the zoning from RS (Residential Single Family) to GC-MC (General Commercial - Multiple Family Dwelling) at 3523 Waverly as requested by Joann and Aaron Ardoin, who wish to sell the property to "K" Way Equipment Co. , Inc. an equipment sales and rental firm was considered: ORDINANCE NO. 89-72 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 FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO GC-MD (GENERAL COMMERCIAL/MULTIPLE-FAMILY DWELLING) ON PROPERTY LOCATED AT 3523 WAVERLY, LOT 4 BLOCK 4, WEST OAKLAND ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 89-72 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Brumley Councilman Cokinos Councilman Smith Councilman Samuel Councilman Moore -000- Ordinance No. 89-73 authorizing a specific use permit for storage of industrial and construction equipment, machinery and vehicles at 3523 Waverly with a recommendation by the Planning Commission for approval subject to the buffering and screening of the lot on the east and north with an eight-foot privacy fence and the 10-foot landscape buffer as proposed in the applicants' site plan was considered: ORDINANCE NO. 89-73 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE STORAGE OF INDUSTRIAL AND CONSTRUCTION COMPANY EQUIPMENT, MACHINERY AND VEHICLES ON PROPERTY LOCATED AT 3523 WAVERLY, LOT 4, BLOCK 4, WEST OAKLAND ADDITION, BEAUMONT JEFFERSON COUNTY, TEXAS. Ordinance No. 89-73 was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Brumley Councilman Cokinos Councilman Smith Councilman Samuel Councilman Moore -263- September 26, 1989 Ordinance No. 89-74 granting a specific use permit to construct a fourth and fifth grade elementary school at 8950 Homer Drive requested by the Beaumont Independent School District subject ( 1) to the school district dedicating the west 30 feet of the school tract for Homer Drive right-of-way, ( 2) the City agreeing to improve White Oak Drive within two years, ( 3) prior to construction of White Oak Drive the street be improved enough for access by emergency vehicles and use, if necessary, as an escape route for school patrons, and ( 4) that construction plans show the private drive leading to White Oak as reflected on the addendum to the site plan was considered: ORDINANCE NO. 89-74 ENTITLED AND ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A FOURTH AND FIFTH GRADE LEVEL PUBLIC ELEMENTARY SCHOOL AT 8950 HOMER DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 89-74 including the four ( 4) contingencies suggested by the Planning Commission and the recommendation by Councilman Lee that a solid eight-foot wooden fence be constructed as a buffer on the property line, if the adjacent property owner desires, on Lot 2, Block 18 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None Council asked that consideration be investigated regarding a no parking zone on Homer Drive from Post Oak Lane approximately 100 feet to the school property line and that every effort be made to establish White Oak Lane as a hard-surfaced, functional road when the school opens in September, 1990. -000- Ordinance No. 89-75 approving the zoning plan developed from the Highland Avenue Rezoning Study was considered: ORDINANCE NO. 89-75 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PAR- TICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM GC-MD (GENERAL COMMER- CIAL MULTIPLE-FAMILY DWELLING) TO NC (NEIGHBORHOOD COMMERCIAL ON PROPERTY DESCRIBED AS BLOCK 1, PARK PLACE ADDITION AND CHANGING PROPERTY DESCRIBED AS GC-MD (GENERAL COMMERCIAL MULTIPLE-FAMILY DWELLING -HIGHEST DENSITY DISTRICT) AND NC (NEIGHBORHOOD COMMERCIAL DISTRICT) TO RS (RESIDENTIAL SINGLE FAMILY DISTRICT) AND RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) ON PROPERTY LOCATED ALONG HIGHLAND AVENUE FROM FLORIDA AVENUE TO LAVACA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -264- September 26, 1989 Ordinance No. 89-75 was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 89-197 authorizing purchase of a multichannel communications recording system for the Police Department from Dictaphone Corporation at a cost of $47,529.60 plus trade-in of the recording equipment which the new system would replace was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- _ resolution authorizing filing of an application for a Traffic Light Synchronization grant in the amount of $65,000 from the Texas Department of Highways and Public Transportation to finance 750 of the cost of $104,400 project to synchronize the signals at 30 intersections into six signal systems was tabled for one week at the request of Councilman Moore to allow opportunity for complete criteria information regarding street selection to be made available to Council. Existing systems and their proximity to each other to allow systems to be combined and the amount of traffic involved was explained as a primary facet of the criteria. -000- (Councilman Samuel left the Council Chambers at 2:17 p.m. ) Resolution No. 89-198 awarding a two-year contract for banking and lockbox services to Texas Commerce Bank - Beaumont, beginning October 1, 1989 until September 30, 1991, with estimated annual net earnings of $372,756 was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- - resolution approving a 3% salary increase for Council-appointed officials (City Manager, City Attorney, and City Clerk) effective October 1, 1989 was considered. Councilman Moore asked for confirmation that most City employees are receiving a salary increase of 2 1/2% at the top of the Grade System and 3 1/2% at the lower level with an average of a 3% increase effective on individual annual review dates. Councilman Cokinos requested that due to longevity of Council- appointed with the City that each position be voted upon individually. Resolution No. 89-199 authorizing a 3% salary increase for the City Manager was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Moore -265- September 26, 1989 Resolution No. 89-200 authorizing a 3% salary increase for the City Attorney was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Moore Resolution No. 89-201 authorizing a 3% salary increase for the City Clerk was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- (Councilman Lee left the Council Chambers at 2: 25 p.m. Councilman Samuel returned to the Council Chambers at 2: 26 p.m. ) A public hearing was called to consider the fifty-one (51) below listed structures found to be in violation of the City of Beaumont' s Dangerous Structure Ordinance, Article III, Section 14-50: 3555 St. James - Austin Lewis Estate, owner ( 21 violations) , Staff recommendation to raze within 30 days; 3463 St. James - Amelia Melonson c/o Edward Melonson, owner ( 23 violations) , Staff recommendation to raze within 30 days; 3440 St. James - Edna Landry, owner ( 23 violations) , Staff recommendation to raze within 30 days; 2695 Houston (17 violations) and 2695 Houston, rear ( 20 violations) - Murray J. Frank, owner Staff recommendation to raze or repair both structures within 30 days; 2531 Harriot - C. D. Byrd, Owner ( 19 violations) , Staff recommendation to raze within 30 days; 2720 Sutherland - Elmer Harris, owner ( 21 violations) , Staff recommendation to raze within 30 days; 2445 Hebert - Dolores Giles, owner (13 violations) , Staff recommendation to raze within 30 days; 3390 Waco - Evonia Jackson, owner ( 23 violations) , Staff recommendation to raze within 30 days; 3955 Inez - Richard G. Dyck, owner ( 21 violations) , Staff recommendation to raze or repair within 30 days; 1497 Victoria - Lee Aubrey, Sr. Et Ux, owner ( 16 violations) , Staff recommendation to raze or repair within 30 days; 432 San Jacinto - Betha Williams, owner ( 16 violations) , Staff recommendation to raze within 30 days; 3148 W. Crockett - First Texas Savings c/o Liquidation Claims, owner ( 21 violations) , Staff recommendation to raze or repair within 30 days; 951 Forsythe, rear, ( 18 violations) , Staff recommendation to raze within 30 days and 951 Forsythe, garage, (7 violations) , Staff recommendation to raze or repair within 30 days, - Mrs. P. M. Chand Estate, owner of both structures;1330-40 Neches ( 17 violations) and 1356 Neches ( 13 violations - Charles F. Wilson, owner, Staff recommendation to raze or repair within 30 days; 2295 Long (rear) - James Street, owner ( 8 violations) , Staff recommendation to raze within 30 days; 907 Franklin, rear, ( 18 violations) and 907 Franklin, shed, ( 6 violations) - Alice P. Pantalion, owner of both structures, Staff recommendation to raze -266- September 26, 1989 within 30 days; 530 Buford - Lovoi & Sons Realty, owners (18 violations) , Staff recommendation to raze within 30 days; 750 Buford - Alberta Lewis, owner ( 25 violations) , Staff recommendation to raze within 30 days; 2270 Poplar ( 15 violations) and 2270 Poplar, garage ( 5 violations) - Lena Baptiste, owner of both structures, Staff recommendation to raze within 30 days; 948 Lee (garage) - Anthony E. Holmes, owner ( 9 violations) ; Staff recommendation to raze within 30 days; 2770 Avenue A (garage apt. ) - A. A. Griffin Et Ux, owner ( 16 violations) , Staff recommendation to raze within 30 days; 1614 Roberts - Earl G. Prince, owner ( 19 violations) , Staff recommendation to raze or repair within 30 days; 2078 Roberts (commercial) - Armanda Gail Gatlin, owner ( 18 violations) , Staff recommendation to raze within 30 days; 2845 Amarillo - Billie Coney, owner ( 21 violations) , Staff recommendation to raze or repair within 30 days; 3175 Terrell - E. W. Miller, owner ( 25 violations) , Staff recommendation to raze within 30 days; 2795 South 8th - Robert Gaston, owner ( 12 violations) , Staff recommendation to raze within 30 days; 3533 Pradice - Luther Riley c/o Hattie Riley, owner ( 24 violations) , Staff recommendation to raze within 30 days; 2330 Potts - Clifton Levy, Jr. , owner ( 22 violations) , Staff recommendation to raze within 30 days; 4245 Sullivan - Oscar Wu, owner ( 19 violations) , Staff recommendation to raze or repair within 30 days; 605 Blanchette - Aubrey Jr. and W. S. Dickson c/o William S. Dickson, owner ( 22 violations) , Staff recommendation to raze within 30 days; 120 - 21st Street - J. R. Williams, owner ( 19 violations) , Staff recommendation to raze or repair within 30 days;2340 Calder - Marilyn Brewer, owner ( 15 violations) , Staff recommendation to raze within 30 days;2665 Denver (garage) - Bobby J. Benton, owner ( 8 violations) , Staff recommendation to raze within 30 days; 2307 Pope Credit Thrift of America, Inc. , owner ( 20 violations) , Staff recommendation to raze or repair within 30 days; 2555 Primrose - Veterans Administration, owner ( 16 violations) , Staff recommendation to raze or repair within 30 days; 2555 Primrose (rear) - Veterans Administration, owner ( 8 violations) , Staff recommendation to raze within 30 days; 4790 Buffalo - Ernest Green, owner ( 18 violations) , Staff recommendation to raze within 30 days; 1870 Ives - Larry P. Tinkle, owner ( 24 violations) , Staff recommendation to raze within 30 days; 3344 West ( 22 violations) and 3344 West, garage ( 8 violations) - Houston Rideaux, owner, Staff recommendation to raze both structures within 30 days; 3190 Magnolia (garage) - Ella Mae Kirkwood, owner (8 violations) , Staff recommendation to raze within 30 days; 3453-3453-1/2 Grand - D. F. Sanders, owner ( 22 violations) , Staff recommendation to raze within 30 days; 3453 Grand (garage) - D. F. Sanders, owner ( 4 violations) , Staff recommendation to raze within 30 days; 3455 Grand - Betty Jeanne Bank, owner ( 24 violations) , Staff recommendation to raze within 30 days; 1710 Hale ( 24 violations) and 1710 Hale, garage ( 5 violations) - Thomas L. Wendling, owner, Staff recommendation to raze both structures within 30 days. These parcels of property have been inspected and 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. -267- September 26, 1989 The thirty ( 30) 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. The Public Safety Department is requesting authorization from City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition: 1134 Ashley, 1975 Ashley, 1472 Avenue B, 1472 Avenue B (garage) , 3145 Brenham, 540 Cotton Court, 550 Cotton Court, 3005 W. Crockett, 3005 W. Crockett (storage) , 1012 Evalon, 1105 Evalon, 1320 Evalon, 2175 Evalon, 2175 Evalon (garage) , 565 Fletcher, 3632 Glenwood, 1135 Grand, 1135 Grand (storage) , 1655 Irving, 1152-54 Long, 1160 Long, 1160 Long (storage) , 1176 Long, 1178 Long, 1182 Long, 710 Pine, 2065 Texas, 2075 Texas, 3140 Texas, and 3627 Waverly. Mr. Murray J. Frank, 2725 Palestine, addressed Council regarding an extension of time to make adequate repairs to the structures at 2695 Houston and 2695 Houston (rear) . Mr. Franke explained that he has been delayed in making the repairs due to serious illness and that he also will have sufficient funds available in January, 1990. Mr. Frank was instructed to contact Staff in the Building Codes Division to formulate a work program. There being no one else to address Council regarding these structures, the Public Hearing was declared closed. Ordinance No. 89-76 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 89-76 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Ordinance No. 89-76 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Councilman Moore asked Mr. Riley to review a redevelopment plan for Highland Avenue prepared by the citizens South Park neighborhood and conducted by a professor at Lamar University to see if anything can be done to stimulate the Highland Avenue project and stated that he was able to vote to deny the specific use to Ebenezer Baptist Church because they did not actually own the property on South 23rd Street. Councilman Smith extended an invitation to attend "Sunday in the Park," October 1st for an afternoon of fun to be hosted by the Junior League. -268- September 26, 1989 Mr. Jacob Selensky, 8750 Homer Drive, addressed Council as a resident in the immediate area of the proposed elementary school on Homer Drive regarding the narrow street, flow of traffic, anticipated parking problems, the extension of Homer Drive, and future plans for stop signs, lights, and traffic flow. Mr. Gene Darst, 585 Iowa, addressed Council regarding the increased potential for accidents at the construction area on Interstate 10, the possibility of installation of radar equipment reflecting actual speed of vehicles, requested Council pursue installation of this equipment with the State Highway Department, and increased insurance rates. Mr. Doyle Tucker, 8590 Homer Drive, addressed Council to inquire which City department he should contact relative to various traffic questions and concerns about the elementary school to be constructed on Homer Drive. Mr. Tucker was instructed to meet with Planning Director Kirt Anderson. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council about various subjects include Operation DARE, a program against drug addiction. -000- There being no further business, the meeting was recessed before continuing with Executive Session. -000- 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 September 26, 1989. Barbara Liming Deputy City Clerk -269- September 26, 1989