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Home My WebLink AboutMIN NOV 27 1990 REGULAR SESSION CITY COUNCIL CHAMBERS HELD NOVEMBER 27, 1990 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 27th day of November, 1990, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Mayor Pro Tem Councilman At Large Brian Alter Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson 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 *Councilman Samuel arrived at 1:45 p.m. during presentation of the third Proclamation. -000- The Invocation was given by the Reverend Rogers Jones, Assistant Minister of Mount Gilead Missionary Baptist Church. The Pledge of Allegiance was led by Councilman Alter. -000- Three Proclamations were issued: "Home Care Week, " November 25 - December 2, 1990; "World Aids Day, " December 11 1990; and a Proclamation recognizing the "Headstart Program" and honoring its 25th anniversary. -000- Citizen comment was invited on the Consent and Main Agenda Items No. 9 and 10. No one wished to address these items. -000- (Councilman Moore left the Council Chambers at 1:50 p.m. ) The following Consent Agenda item was considered: Approval of the Minutes of the Regular Session of City Council conducted November 20, 1990. -397- November 27, 1990 The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 90-72 granting a Specific Use Permit for a fraternal lodge at 3150 Avenue B in an area zoned C-1 (Neighborhood Commercial) , Lots 1- 7, Block 1, Granata Addition, requested by Bishop Grant Lodge No. 72 F and AM Prince Hall Masons, was considered: ORDINANCE NO. 90-72 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A FRATERNAL ORGANIZATION TO CONSTRUCT A LODGE ON A TRACT ZONED NC (NEIGHBORHOOD COMMERCIAL) AT 3150 AVENUE B AND HARRIOT BEING LOTS 1-7, BLOCK 1, GRANATA ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 90-72 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 90-73 granting a Specific Use Permit to allow expansion of Greenlawn Cemetery to include approximately 800 additional gravesites on a 1. 086-acre tract of land adjacent to Sections "H, " "I, " and "J" of the cemetery in an area situated south of the intersection of Buchannan Street and Carnegie Avenue about 153 feet west of Magnolia Avenue, Tract 22, Tax Plat D-17, A. Williams Survey, Abstract No. 385, and zoned RM-H (Residential Multiple Family Dwelling--Highest Density) as requested by W. H. Taft, president of Community Cemeteries, was considered: ORDINANCE NO. 90-73 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF THE EXISTING GREENLAWN CEMETERY ON A 1. 086 ACRE TRACT OUT OF TRACT 22, TAX PLAT D-17, A. WILLIAMS SURVEY, ABSTRACT NO. 385, ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) , BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 90-73 was approved on a motion made by Councilman Smith and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- -398- November 27, 1990 (Councilman Moore returned to the Council Chambers at 1:55 p.m. during discussion of Ordinance No. 90-74. ) Ordinance No. 90-74 authorizing a zoning reclassification from RM-M (Residential Multiple Family--Medium Density) to RM-H (Multiple Family Residential--Highest Density) for a 0.98 of an acre tract in the 7800 Block of Gladys Avenue on the east 214 feet of Lot 28, Block 36, Dowlen West Addition, Unit 23, as requested by Alan B. Coleman, D.D.S. , was considered: ORDINANCE NO. 90-74 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 RM-M (RESIDENTIAL MULTIPLE-FAMILY DWELLING- MEDIUM DENSITY) TO RM-H (RESIDENTIAL MULTIPLE- FAMILY DWELLING-HIGHEST DENSITY) ON PROPERTY LOCATED ON THE EAST 214 FEET OF LOT 28, BLOCK 36, DOWLEN WEST ADDITION, UNIT 23, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 90-74 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 90-75 granting a Specific Use Permit to allow construction of a dental office and future professional offices on the east 79 feet of Lot 28, Block 36, Dowlen West Addition, Unit 23, as requested by Alan B. Coleman, D.D.S. , was considered: ORDINANCE NO. 90-75 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A DENTIST OFFICE AND FUTURE PROFESSIONAL OFFICES ON THE EAST 79 FEET OF LOT 28, BLOCK 36, DOWLEN WEST ADDITION, UNIT 23, BEAUMONT, JEFFERSON COUNTY TEXAS. Ordinance No. 90-75 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- -399- November 27, 1990 An Ordinance granting a Specific Use Permit for a drinking place/nightclub to be known as the "Oasis club" in leased space in the Rosedale Shopping Center, 6725 Eastex Freeway, zoned (General Commercial Multiple-Family Dwelling) was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE/NIGHTCLUB WITHIN A GC-MD (GENERAL COMMERCIAL MULTIPLE- FAMILY DWELLING) ON PROPERTY LOCATED AT 6725 EASTEX FREEWAY (ROSEDALE SHOPPING CENTER) , BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilman Smith reported receiving complaints about previous management of like establishments in that space and asked that official action on this ordinance be deferred and more information be made available about the prospective management of the business. Council concurred with this request and agreed that action be deferred for two weeks. -000- Ordinance No. 90-76 authorizing rezoning of 2 .57 acres in the immediate vicinity of the intersection of Concord Road and East Lucas in Block 3, of the French Heights Subdivision, from RS (Residential Single Family) to GC-MD (General Commercial Multiple Family Dwelling) as requested by Fitz and Shipman for a prospective buyer, was considered: ORDINANCE NO. 90-76 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, FROM RS (RESIDENTIAL SINGLE- FAMILY DWELLING) TO GC-MD (GENERAL COMMERCIAL MULTIPLE-FAMILY DWELLING) , ON 2.57 ACRES OF LAND IN THE IMMEDIATE VICINITY OF THE INTERSECTION OF CONCORD ROAD AND EAST LUCAS DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 90-76 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 90-77 authorizing a change in zoning from LI (Light Industrial) to RS (Residential Single-Family and Revitalization) for -400- November 27, 1990 a total of two acres of land at 1910 Chambless Drive (Tract 136E) and 1920 Chambless Drive (Tract 136M) , Tax Plat B-20, J. A. Veatch Survey, out of Block 136, Gladys City Subdivision, as requested by Kimberly Ann Semien and Marilyn M. McClory was considered: ORDINANCE NO. 90-77 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 LI (LIGHT INDUSTRIAL) TO RS (RESIDENTIAL SINGLE- FAMILY) ON PROPERTY LOCATED WITHIN 200 FEET OF TWO TRACTS, CONTAINING A TOTAL OF TWO ACRES AT 1910 AND 1920 CHAMBLESS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 90-77 was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 90-78 amending Chapter 30, Section 30-21(b) , of the Code of Ordinances relating to historical use activities in HC (Historical Cultural Landmark Preservation Overlay) Districts to allow historical use activities such as museums and related activities in Historical Cultural Landmark Preservation Overlay Districts under Specific Use Permits when the underlying zoning is residential or otherwise would not permit such uses, was considered: ORDINANCE NO. 90-78 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 SECTION 30-21(b) , OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 90-78 was approved on a motion made by Councilman Moore and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 90-79 amending Chapter 30 of the Code of Ordinances for an HC (Historical Cultural Landmark Preservation Overlay District) designation for the John J. French Museum at 2995 French Road and its adjacent properties owned by the society described as Tracts 159, 202, -401- November 27, 1990 204, 204a, 205, 205a and 42e, Plat D-15 out of the A. Williams Survey and removing the HC Overlay District classification from Tract 207, D- 15, A. Williams Survey, a dwelling south of the museum, as requested by the Beaumont Heritage Society, was considered: ORDINANCE NO. 90-79 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 DESIGNATING TRACTS 159, 202, 204, 204A, 205, 205A, AND 42E, PLAT D-15 OUT OF THE A. WILLIAMS SURVEY OF THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, HISTORICAL/ CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT (H-C) AND REMOVING THE H-C DISTRICT DESIGNATION FROM TRACT 207, PLAT D-15 OUT OF THE A. WILLIAMS SURVEY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 90-79 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 90-80 authorizing a Specific Use Permit to allow museum activities on Tracts 159, 202, 204, 204a, 205, and 42e out of the A. Williams Survey to the Beaumont Heritage Society in an HC (Historical Cultural Landmark Preservation Overlay) District where the underlying zoning is RS (Residential Single Family) was considered: ORDINANCE NO. 90-80 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW MUSEUM ACTIVITIES ON TRACTS 159, 202, 204, 204A, 205, 250A AND 42E OUT OF THE A. WILLIAMS SURVEY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 90-80 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- -402- November 27, 1990 Ordinance No. 90-81 authorizing abandonment of 61. 11' x 300 ' section of the 500 block of Crockett Street, but retaining a general utility easement, as requested by Marlin Williford representing Crockett Street Station, Inc. , Stedman Ventures, Inc. and the Fidentia Development Corporation, was considered: ORDINANCE NO. 90-81 ENTITLED AN ORDINANCE VACATING AND ABANDONING THE 61. 11 FOOT X 300 FOOT SEGMENT OF THE CROCKETT STREET RIGHT-OF-WAY LYING BETWEEN PARK STREET AND NECHES STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Cokinos said he supports the project whole-heartedly, but questioned feasibility of street abandonment with a clause causing the abandoned property to revert back to the City without cost should there be occasion for cessation of the project or future need for reopening the street for traffic mobility. After a discussion including the need of right-of-way for continued development of this project, the usual procedure for street abandonment, and legal repercussions, Council asked Mr. Marlin Williford to offer comment regarding the project. Mr. Williford stated closing the street is an integral element for the project to move forward. Ordinance No. 90-81 was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: Mayor Lord Nayes: None Councilman Alter Councilman Smith Councilman Goodson Councilman Moore Abstained: Mayor Pro Tem Cokinos Councilman Samuel* (Councilman Samuel filed a Conflict of Interest Affidavit with the City Clerk's office. ) -000- Resolution No. 90-265 authorizing purchase of seven (7) copiers (3 Savin 7350 at $4,750, 1 Savin 7220 at $4,446, 1 Savin 7300 at $5,593, 1 Canon NP-1215 at $2, 623 .77 and a Xerox 5052) for various divisions through the State of Texas Purchasing and General Service for approximately $39, 599. 77, an estimated savings of $12, 000 less than prices quoted by local dealers, was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Alter. -403- November 27, 1990 Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Cokinos Councilman Alter Councilman Smith Councilman Goodson Councilman Samuel Abstained: Councilman Moore* (Councilman Moore is an employee of Xerox Corp. and filed a Conflict of Interest Affidavit with the City Clerk's office. ) -000- - public hearing was called to consider the eight (8) below listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 2855 Euclid - Ernest Mouton Estate c/o Mae Crout, owner (21 violations) , Staff recommendation to raze within 30 days; 1614 Roberts - Miller Rideaux, owner (19 violations) , Staff recommendation to raze within 30 days; 993 Alma - Earl Walker, owner (21 violations) , Staff recommendation to raze within 30 days; 5984 Comstock - Mrs. Lexie M. Nall, owner (20 violations) , Staff recommendation to raze within 30 days; 4145 Usan - Walter Dalcoe, Sr. , owner (21 violations) Staff recommendation to raze within 30 days; 2045 Lela - Gary D. Babino„ owner (18 violations) , Staff recommendation to raze within 30 days; 7945 Mitchell - R. C. Roads, owner (21 violations) , Staff recommendation to raze within 30 days; and 1630 Gill - Mollie Bean, owner (21 violations) , Staff recommendation to raze within 30 days. These parcels of property have been inspected, are vacant, 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. The sixteen (16) 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. 3140 Cleveland, 1825 Cottonwood, 2085 Dexter, 1081 Grant, 1735 Irving (Garage Apt. ) , 2295 Long (Rear) , 1020 Powell, 3350 Rivers Road, 275 E. Simmons (Garage), 2520 Southerland, 2095 Tulane, 330 E. Virginia, 330 E. Virginia (Garage)', 390 E. Virginia, 3190 Westmoreland, and 3598 Westmoreland (Garage) . There being no one to address Council, the public hearing was closed. -404- November 27, 1990 Ordinance No. 90-82 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 90-82 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. 90-82 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Alter congratulated Coach Newell (basketball coach for Lamar University) on his first two victories and very good showing at the UAB Invitational and reminded citizens of the first Babe Zaharias Award to be presented December 5th and encouraged community support for the event. Councilman Samuel said he received a number of calls from parents of children who were stopped last weekend in Parkdale Mall and questioned because they were wearing the color red (recent color of attire associated with youth gangs) . He apologized for the inconvenience to the young people, but stated it was essential for the well-being and safety of all the citizens at the Mall. Councilman Moore inquired about a specific Workshop date he requested with the Police Department Task Force to discuss youth gang activity. Mr. Riley said he would attempt to schedule a Workshop Session with members of the Police Department working with juveniles on December 11. Councilman Moore also expressed concern about a dilapidated structure on Houston Street (the property adjacent to Mr. Lee) . Mayor Lord announced there will be no Council meeting next week. Members of Council will be attending a National League of Cities meeting in Houston learning how to better serve the community. -000- Mr. Henry Dannenbaum, 1567 Wall Street, expressed his pride in the sports program of Central High School. -000- There being no other business, the meeting was adjourned. -405- November 27, 1990 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 November 27, 1990. Barbara Liming Deputy City Clerk -406- November 27, 1990