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HomeMy WebLinkAboutMIN MAR 26 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 26, 1991 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of March, 1991, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Mayor Pro Tem. Councilman At Large Brian R. 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 Rosemarie Chiappetta City Clerk -000- The Invocation was given by Councilman Samuel. The Pledge of Allegiance was led by Councilman Smith. -000- One Proclamation was issued: "Doctors' Day, " March 30, 1991. -000- Citizen comment was invited on the Consent Agenda and Main Agenda No. 9. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 19, 1991; Resolution No. 91-62 authorizing purchase of Parcel No. 6: 0.0223 acre out of Lot 505, Block 65, Original Town Site of Beaumont, Noah Tevis Survey, Abstract 52 (partial taking) , from Judy Vera in the amount of $2,425. 00 and Parcel No. 7 : 0. 0042 acre out of Lot 504, Block 65, Original Town Site of Beaumont, Noah Tevis Survey, Abstract 52 (partial -58- March 26, 1991 taking) , from Judy Vera in the amount of $555. 00 for the College-Wall Connector, which will link College and Wall Streets east of Martin Luther King, Jr. Parkway; Resolution No. 91-63 authorizing waiving penalty and interest charges pursuant to Section 33 . 011 of the Texas Property Code on property tax accounts which became delinquent as a result of billing errors or similar mistakes (Acct. #003G20-0040006, Lots 9 & 10, Booker Heights Addition, $436. 63 ; Acct. #200055-BUC0001, Personal property, Bucks Printing Co. , $673 . 61; Acct. #257416-001800, Plat D-16, Tract 143, A. Williams Survey, $3, 063.63 ; Acct. #015550-001700, Lot 3 and W. 1/2 of Lot 2, Block 3 of the G. Cuchia Addition, $125.71; Acct. #039000-009700, S. 35 ' of Lot 2, Block 3, Block 4, Lynwood Terrace, $35.91; Acct. #700000-357960, Personal Property assessed to Lake Village, $10.26; Acct. #002550-030900, Lots 13 and 14, Block 19, Averill Addition, $99.86; Acct. #045600-000700, Lot 12, Neches Terrace Addition, $13.59; Acct. #300007-061500, Improvements only on Tract 177, MB-27 in the J. W. Bullock Survey, $2,242.55; and Acct. #700000-135925, Personal Property assessed to Condon Jewelers, $134 .07) ; Resolution No. 91-64 authorizing settlement of a property damage claim with Mark Flynn involving damages to his automobile resulting from a collision with a police car March 2 on the East frontage road of Interstate 10 near the Rust Street Intersection in the amount of $5,500. 00; Resolution No. 91-65 authorizing settlement of a bodily injury claim (cervical strain and minor head injuries) by Mildred Mayfield in the amount of $5,000. 00; and Resolution No. 91-66 authorizing settlement of a lawsuit styled Ida Mae Tyler vs. The City of Beaumont in the amount of $45,000.00. The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 91-25 authorizing a Specific Use Permit for a beauty salon at 2656 McFaddin Avenue, requested by Jay Comeaux, in an area zoned RCR (Residential Conservation and Revitalization was considered: ORDINANCE NO. 91-25 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP AT 2656 MCFADDIN AVENUE IN AN AREA ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) , BEING LOT 22, BLOCK 52, AVERILL ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. -59- March 26, 1991 Ordinance No. 91-25 was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 91-26 authorizing a Specific Use Permit for a residence with a roof height of 40 feet at 8120 Evangeline Lane, requested by Dr. and Mrs. Gary E. Vaughn, in an area zoned RS (Residential Single Family Dwelling) was considered: ORDINANCE NO 91-26 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW CONSTRUCTION OF A SINGLE FAMILY RESIDENCE WITH A TOTAL HEIGHT OF 40 FEET ON LOT 9, BLOCK 1, OAK LANE ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, CONTAINING 0.9 ACRES OF LAND, KNOWN AS 8120 EVANGELINE LANE IN AN AREA ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) , BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-26 was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- An Ordinance authorizing a zoning change, requested by Mustang Rental Services, from RS (Residential Single Family Dwelling) to GC-MD (General Commercial--Multiple Family Dwelling) on a 2.98-acre tract on the north side of the 800 Block of West Cardinal Drive (with 72% of the property owners within 200 feet of the location in opposition to the change and a recommendation for denial from the Planning Commission) was considered: 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 FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO GC- MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) ON PROPERTY BEING A 2 .98 ACRE TRACT OF LAND OUT OF LOT OR BLOCK 3 OF THE GLADYS CITY OIL, GAS AND MANUFACTURING CO. SUBDIVISION, AND ALSO BEING KNOWN AS TRACT 3F, TAX ROLL PLAT B-21, IN THE J.A. VEATCH SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -60- March 26, 1991 The Ordinance was denied on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 91-27 authorizing a Specific Use Permit for a church and related activities at 1563 Hale Street, requested by Bobbie Lee Jordan, Deacon, on behalf of the House of God, in an area zoned RS (Residential Single Family Dwelling) was considered: ORDINANCE NO. 91-27 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A CHURCH AT 1563 HALE STREET IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT, BEING LOTS 12, 13, AND 14, BLOCK 6, NORTH PARK ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-27 was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 91-28 authorizing designation of the original Kansas City Southern Depot and the 0.4442 of an acre site where it presently stands on the southwest corner of Franklin and Victoria Streets as a Historical/Cultural Landmark Preservation Overlay District was considered: ORDINANCE NO. 91-28 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AND INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN H-C (HISTORICAL/CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT) FOR PROPERTY LOCATED AT 1215 FRANKLIN STREET AND DESCRIBED AS PARTS OF LOTS 86, 87, 88, 91, 92 AND 93 , BLOCK 8, CRARY ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 91-28 was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -61- March 26, 1991 Ordinance No. 91-29 authorizing a Specific Use Permit, requested by Beaumont Health Care Service, Inc. , for the health care office's billing division and continuing education department in a vacant residence at 2341 Broadway in an area zoned RCR (Residential Conservation and Revitalization) was considered: ORDINANCE NO. 91-29 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW BILLING OFFICES AND A CONTINUING EDUCATION DEPARTMENT FOR BEAUMONT HOME HEALTH SERVICES, INC. ON LOT 9, THE EAST ONE-HALF OF LOT 10 AND THE WEST ONE-FOURTH OF LOT 8, BLOCK 23 , AVERILL ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, CONTAINING 0.30 ACRES OF LAND, KNOWN AS 2341 BROADWAY IN AN AREA ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) , BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-29 was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 91-30 authorizing a Specific Use Permit, requested by Xavier Williams, owner of Williams Construction Co. , for a special trade (concrete/cement) contracting business on the north side of the 1300 Block of Caldwell Avenue, an area zoned GC-MD (General Commercial-- Multiple Family Dwelling) was considered: ORDINANCE NO. 91-30 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW WILLIAMS CONSTRUCTION COMPANY TO OPERATE A SPECIAL TRADE CONTRACTOR BUSINESS (CEMENT AND CONCRETE SUB-CONTRACTOR) IN AN AREA ZONED GC-MD (GENERAL-MULTIPLE FAMILY DWELLING) IN THE 1300 BLOCK OF CALDWELL STREET, BEING LOTS 16 AND 17, BLOCK 25, MCFADDIN HEIGHTS ADDITION BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-30 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -62- March 26, 1991 Ordinance No. 91-31 authorizing abandonment, requested by K. J. Richardson for Mobil Oil Corporation, of a 60-by-350-foot section of Burt Street right-of-way east of Grove Street where Burt leads into the main gate of Mobil Oil was considered: ORDINANCE NO. 91-31 ENTITLED AN ORDINANCE ABANDONING THE 60 FT. X 350 FT. BURT STREET RIGHT-OF-WAY EAST OF GROVE STREET, LYING ADJACENT TO AND ABUTTING BLOCKS "C" AND "D" OF THE OAKWOOD ADDITION; BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-31 was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 91-67 authorizing purchase of full circle water line repair clamps for use by the Water Utilities, Water Distribution Division, from Golden Triangle Pipe and Water Supplies, Inc. in the amount of $31, 354.50 less a 2% discount for payment of invoices within ten (10) days for a net cost of $30,737.21 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the fourteen (14) below listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 440 Doucette - Bennie Joyce Collier Boutte, owner (23 violations) , Staff recommendation to raze within 30 days; 1490 Bolivar - Henry T. Sedgwick, owner (12 violations) , Staff recommendation to raze within 30 days; 3940 Avenue B - Lynda K. Pope, owner, (17 violations) , Staff recommendation to raze within 30 days; 2398 Avenue E - John and Frankie DeYoung, owners (15 violations) Staff recommendation to raze within 30 days; 3465 W. Euclid - Larry D. Jackson, owner (23 violations) , Staff recommendation to raze within 30 days; 1128 Evalon, 1138 Evalon, 1148 Evalon and 1158 Evalon - John and Frankie DeYoung, owners (21 violations each structure) , Staff recommendation to raze each structure within 30 days; 1248 Evalon - Billy Orman Bossette, owner (17 violations) , Staff recommendation to raze within 30 days; 2408 Cable (rear) - Berkins Bookers, Jr. , owner (5 violations) , Staff recommendation to raze within 30 days; 2599 Cable (18 violations) and 2599 Cable-rear (9 violations) - Lester A. Saucier, Jr. Et Ux, owner, Staff recommendation to raze or repair within 30 days; and 1885 Cottonwood - First National Bank of Mid- County, owner (14 violations) , Staff recommendation to raze within 30 days. -63- March 26, 1991 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 ten (10) 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. 1012 Avenue D, 1015 Avenue D, 3145 Brenham, 2289 Broadway, 4515 Buffalo, 2530 Burgundy, 885 Concord, 2815 Concord (shed), 2260 Euclid, and 1179 Evalon. There being no one to address Council, the public hearing was closed. Ordinance No. 91-32 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 91-32 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. 91-32 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted at the close of the Work Shop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss pending or contemplated litigation: Woodford Bouillion et al vs. City of Beaumont, Gilbert Roy vs. City of Beaumont, and Susan Shanks vs. City of Beaumont. -000- Mayor Lord informed members of the audience that Council is concerned about the problems that may occur with the College Street reconstruction and a Workshop Session will be conducted next week in an effort to make "things come out to the best of everybody's advantage. " She assured them that everyone at City Hall is most concerned about the economic well-being of each business in our community. Citizens are invited to attend the Workshop. -64- March 26, 1991 Councilman Smith added her agreement with Mayor Lord's comments regarding a desire to work out a solution that is equitable for the businesses, for the safety of the workers and for completion of the College Street project. Councilman Samuel said he would like to echo a reflection of the feelings concerning College Street and efforts to come to an amenable solution. Councilman Moore added that Council is aware of the dilemma facing businesses and reconstruction of College Street, and a price for progress is paid, but feels that everything possible should be done in an effort to help small businesses. Councilman Moore again approached the scheduling of a Workshop Session to discuss the ditch digging program. Mayor Pro Tem Cokinos stated he would like to see a successful solution to the College Street project, and that we should seek a way to help businesses located on College Street. Councilman Alter said, that as does everyone else, he has some concerns about the College Street project. He explained that Staff spent a great deal of time after the public hearing last night discussing potential options, and that the City Manager and Public Works Department have continued to work on a solution. He said Council is very concerned about the outcome. Councilman Alter congratulated the Lady Cardinals for being in the final eight of the basketball competition. Councilman Goodson affirmed his concerns about the College Street project, thanked Frank Messina and other businessmen on College Street for taking time to talk with him today and show him the problems they are facing, and said along with other Council members, he will put his shoulder to the wheel and see if they can resolve the problem. -000- Mayor Lord recognized and welcomed the Masonic Order attending Council and invited J. P. Vogel, Deputy Grand Master, Russell Brown and Jack Fisher to address Council. J. P. VOGEL• Honorable Mayor, Councilmen, Council Ladies, as was mentioned, I 'm J. P. Vogel, Deputy Grand Master of Masons in Texas, and I have with me here the Honorable Jack Fisher, who is a District Deputy Grand Master of Masons in Masonic District 26, which includes the Beaumont area, and he is a personal representative of our Grand Master, Fred Allen. And, we have Russell Brown who is with us, and he's a past Master of several lodges in Texas. And, of course, we have several other distinguished Masons from the Beaumont and Port Arthur area. We're so happy for that. -65- March 26, 1991 In behalf of the Grand Lodge of Texas and the four local lodges of, in Beaumont, and I would like to mention those lodges since many aren't aware of them. We have Beaumont Lodge No. 286 which has been in. . .Beaumont for a 125 years, and we have Tolerance Lodge No. 1165 which has been here for approximately 70 years, and then we have South Park Lodge 1320 that has been here for 45 years, and then the youngest lodge here is B. F. Quicksall Lodge 1370 which has been here for 35 years. And, I am proud and pleased to present this, the. . .Community Builder's Award to a dear friend of Masonry, and, indeed, a builder, achiever and an outstanding leader of our community. Mayor Evelyn Lord has met and exceeded the conduct necessary to conform to the forms and standards of conduct that we, as Masons, require and admire. Mayor Evelyn Lord, not motivated by power, money, politics, or the like, has served our community with the same precepts, ideals, and standards that are observed only in the highest realms of statesmanship. Our mayor did not earn this honor overnight. She has been observed by our fraternity from the days when she was active in community events when a secretary (Legal Administrator) for a local law firm. Now, Mrs. Lord is mayor of our fine city, and we are compelled to present this, considered by Masons, the highest citizens award of all to you at this time. We will cherish this moment as long as we live and our lodges will in the future look back, and with sound resolve read the minutes our records with pride and see this present moment. We thank you, Mayor Lord, for your endeavors and generosity to our community. We thank you, and God bless you. . . District Deputy Grand Master Jack Fisher presented Mayor Lord with an inscribed award on behalf of the Beaumont Masons and volunteered their assistance. MAYOR LORD: Thank you very, very much, indeed. (applause) Thank you. I 'm very deeply honored. I have the highest regard for the Masons and especially what you with the burned and crippled children. Our community owes a lot to you, Gentlemen, and we're grateful to have you in our midst indeed. Thank you very much for this honor. -000- Mr. James H. Allen, 925 Irish Lane, presented Council with a petition that read, "We the citizens of Beaumont, living on or near Dowlen Road, wish to petition the above to enforce the ordinance against excessive automobile noises from speakers, loud mufflers, and drag racing. " The petition contained approximately forty-two (42) signatures. Mr. Henry Dannenbaum, 1567 Wall Street, congratulated Mayor Lord for receiving the Mason's award and spoke on various subjects. Mr. Frank Messina addressed Council in opposition to reduction of -66- March 26, 1991 traffic flow to one lane during construction of College Street from Main to Goliad. He feels one lane of traffic will have an adverse effect on the small businesses located on College Street. Mrs. Algene Bossette, 2260 South 9th Street, addressed Council regarding property at 1248 Evalon that appeared on today's list of dilapidated structures. Mrs. Bossette asked if a payment plan for demolition of the structure could be arranged. She was advised to meet with Mr. Daniels of the Building Codes Division to set up a payment schedule. Mr. John Lester, 807 Orange Avenue, Orange, Texas, representing Delta Fasteners at 955 Franklin, addressed Council regarding their business already affected by the Martin Luther King, Jr. Parkway construction in rerouting customers to College or Neches to cross M. L. King Parkway. One lane of traffic on College will greatly impede customers getting to their location. He asked that consideration be given another solution and suggested completing one project at a time. -000- There being no other business, the Regular Session of City Council was adjourned to reconvene in Workshop Session in the Manager's Conference Room. -000- I, Rosemarie Chiappetta, 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 March 26, 1991. Rosemarie Chiappetta City Clerk -67- March 26, 1991