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HomeMy WebLinkAboutMIN JUN 25 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 25, 1991 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 25th day of June, 1991, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Councilman At Large Brian Alter Councilman At Large Lulu L. Smith Mayor Pro Tem 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 Sister Fatima, Administrator of Saint Elizabeth Hospital. The Pledge of Allegiance was led by Amanda Seleman, a young lady from Houston visiting City Council with her grandmother. -000- Mayor Lord officially presented an award to Councilman Cokinos signed by Governor Ann Richards and Polly Sowell, Executive Director of the Department on Aging. The award acknowledged "Outstanding Volunteer Service from the Texas Department on Aging, presented to Andrew Cokinos as an expression of our sincere gratitude for your valuable contributions of time, energy, expertise, and good will in volunteer work for your community. " -000- Mayor Lord welcomed two Boy Scouts from Troop No. 85 to City Council who are earning their Citizenship in the Community Merit Badge. -000- Citizen comment was invited on the Consent and Main Agenda Items Number 1 through 10. No one wished to address these items. -145- June 25, 1991 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 11, 1991; Resolution No. 91-139 appointing Elbert DuBose as Chairman and Terry Williams as Vice-Chairman of the Transit Advisory Commission for terms expiring June 30, 1992 ; Sergeant Bill Davis and Joy Reagan to the Beaumont Committee for the Prevention of Child Abuse and Neglect for terms expiring June 30, 1993 ; Resolution No. 91-140 accepting donation of parcels of land for drainage and sanitary sewer purposes for the Martin Street Drainage Project: Parcel 1: 0. 07 acre out of Lots 1 and 2, Block 1 of the Forest Addition, from A. V. Carter and wife, Verline; Parcel 2 : 0.06 acre out of Tract 20, Plat D-9, James Drake Survey, Abstract 18, from Billie J. Johnson; Parcel 3: 0. 04 acre out of Tracts 47 and 48, Plat D-9, James Drake Survey, Abstract 18, from Sarah E. Washington; and Parcel 4: 0.04 acre out of Tract 2, Plat D-9, James Drake Survey, Abstract 18, from Davis Sylvester and wife, Marilyn; and the donation of land for drainage purposes for the Martin Street Drainage Project: Parcel 1: 0. 02 acre out of Tract 43, Plat D-9, James Drake Survey, Abstract 18, from Austin Wingate, Jr. and wife, Christana; Resolution No. 91-141 authorizing Change Order No. 1 to the contract with Norman Materials, Inc. for construction of the Walden Road Concrete Pavement Project in the amount of $24, 375. 00 for removal of large amounts of cement stabilized sand in order to stabilize the subgrade below; Resolution No. 91-142 authorizing purchase of five and one-half (5 1/2) acre undivided interest in an eighteen (18) acre tract of land out of the James Rowe Survey from Texas Commerce Bank, N.A. , for the appraised value of $1,512 .50, for use by the sanitary landfill; and Resolution No. 91-143, a resolution of no objection to the sale of bonds by the Harris County Health Facilities Corporation for Saint Elizabeth Hospital. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- An Ordinance authorizing a zoning change from RM-H (Residential Multiple Family Dwelling--Highest Density) to GC-MD (General Commercial - Multiple Family Dwelling) for a 0. 6 acre at 5865 Lampman Road on the southwest corner of Lampman and State Highway 105, requested by George and Melony Wilson to use the property for retail sales of secondhand -146- June 25, 1991 merchandise, with a Planning Commission recommendation for denial, was considered: ORDINANCE NO. 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 RM-H (RESIDENTIAL- MULTIPLE FAMILY DWELLING) , FOR A 0. 6 ACRE TRACT AT THE SOUTHWEST CORNER OF SH 105 AND LAMPMAN, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The Ordinance was denied on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 91-144 authorizing Change Order No. 1 in the amount of $125, 000. 00 to the contract with Russ Miller Construction Co. for College Street Improvements to maintain two-way traffic between Goliad and Avenue F during the construction period was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 91-145 authorizing Change Order No. 2 to the contract with Russ Miller Construction Co. for College Street Improvements for removal of approximately 1, 788 cubic yards of sand previously used for backfill during construction of 36 and 42 inch storm sewers under the street from Main to Martin Luther King, Jr. Parkway, in the amount of $5, 364 . 00, and $52,924 .80 for replacing it with cement stabilized material, for a total of $58, 288 . 80, and increasing the contract time by seven (7) days was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 91-146 authorizing purchase of 2, 500 feet of eight-inch C- 900 rubber gasket bell and spigot water pipe, in 20-foot lengths, ($8,475.00) , and 1, 600 feet of eight-inch SRD-35 bell and spigot PVC sewer pipe, in 13-foot lengths, ($2,528.00) , for relocation of lines on the Major Drive Project and 3 ,860 feet of 18-inch SRD-35 bell and spigot PVC sewer pipe in 13-foot lengths, ($32,424.00) , for extension of -147- June 25, 1991 sanitary sewer service to the new prison under construction south of the city limits, from International Supply of Lufkin in the amount of $42,427 .00 was approved on a motion made by Mayor Pro Tem. Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 91-147 authorizing a contract with Lange Brothers of Port Arthur, Texas, in the amount of $26, 120. 00 for restoration and refinishing of all doors and windows at the Julie Rogers Theatre was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 91-148 authorizing a contract with Mayers Construction, Inc. for excavation and compaction of cell liners at the City's Landfill, in compliance with revised State regulations, in the amount of $19, 000. 00 per cell (completion of six to 12 cell liners from July 1 through November 30, 1991) was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Resolution No. 91-149 authorizing an agreement with the State Department of Highways and Public Transportation for the City's participation in the cost of the Federal Highway Administration's Off-State System Bridge Program for replacement of the Brakes Bayou Bridge on Marina Drive ($320, 000. 00 grant to pay 80% of the estimated cost and the $80,000. 00 for the City's 20% share coming from the Street Crossing Drainage Improvement Fund) was approved on a motion made Councilman Goodson and seconded by Councilman Alter. Question: Ayes: All Nayes: None Councilman Cokinos questioned status of the bridge on Gladys Street and safety of the bridge near Sallie Curtis Elementary School. J. P. Colbert, City Engineer, stated that the bridge is not on the State's list as dangerous or to be considered for change, but will report back after further review. -000- Resolution No. 91-150 authorizing the City Manager to make application to the United States Department of Housing and Urban Development for an Urban Homesteading Program Grant in the amount of $129, 039.00, to be administered by the Beaumont Housing Finance Corporation, to allow low- to-moderate income families to acquire homes by contracting to repair -148- June 25, 1991 existing dwellings and inhabit them for at least five years was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 91-151 authorizing reallocation of $227, 000. 00 in Community Development Block Grant Funds to the Innovative Housing Program in the amount of $50, 000. 00 and Magnolia Park Improvements (grading and drainage, lighting, concrete floor, cover picnic shelter w/tables, light, and drinking fountain) in the amount of $177, 000. 00 was approved on a motion made by Councilman Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 91-152 authorizing the City Manager to enter into a contract with the Enterprise Foundation in the amount of $2, 500. 00 for an assessment by the foundation of local efforts to provide affordable housing for low-to-moderate income families was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 91-54 amending Chapter 23 , Section 23-83 of the Code of Ordinances to set the street user fee at $2 . 00 per unit per month for multi-unit dwellings of two or more units was considered: ORDINANCE NO. 91-54 ENTITLED AN ORDINANCE AMENDING CHAPTER 23, SECTION 23-83 , OF CODE OF ORDINANCES TO ESTABLISH A MULTI-FAMILY FACILITY RATE FOR THE STREET USE SERVICE FEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Ordinance No. 91-54 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted following the Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss pending or contemplated litigation: Etta Pearl Lewis vs. City of Beaumont et al. -149- June 25, 1991 A public hearing was called to consider forty-five (45) below listed structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3875 Bryan - Hazel Aldred, owner (20 violations) , Staff recommendation to raze within 30 days; 2116 Pope - Freddy Broussard, owner (11 violations) , Staff recommendation to raze within 30 days; 170 Manning - John Charles McKinney, owner (11 violations) , Staff recommendation to raze within 30 days; 3145 Taliaferro - Willie Mae Burk's Estate, owner (21 violations) , Staff recommendation to raze within 30 days; 875 Pollard - Felix Haynes, owner (22 violations) , Staff recommendation to raze within 30 days; 2370 Linson - Alsaih Lemons Et Ux, owner (15 violations) , Staff recommendation to raze or repair within 30 days; 2470 Space (garage apartment) - Marjorie M. Lede, owner (17 violations) , Staff recommendation to raze within 30 days; 1380-82 Grand (garage apartment) - Joseph Chargois, owner (11 violations) , Staff recommendation to raze within 30 days; 1065 Bowie - Michael J. Vaughn, Inc. , owner (12 violations) , Staff recommendation to raze or repair within 30 days; 2526 Magnolia (rear) - Sadie Ray Smith, owner (13 violations) , Staff recommendation to raze within 30 days; 2310 Roman - Thelma Goodie, owner (13 violations) , Staff recommendation to raze within 30 days; 1475 Maple - Edward Bolden, owner (19 violations) , Staff recommendation to raze within 30 days; 1709 McFaddin - Al Durso, owner (14 violations) , Staff recommendation to raze or repair within 30 days; 240 - 2nd (rear) - Bill Bates, owner (21 violations) , Staff recommendation to raze within 30 days; 2320 Liberty - Harry Roberts, Jr. , owner (21 violations) , Staff recommendation to raze or repair within 30 days; 330 Archie and 330 Archie (rear) - Security Realty & Development Corp. , owner (20 violations each) , Staff recommendation to raze each structure within 30 days; 850 Bonham (20 violations) , 860-66 Bonham (21 violations) , 870-76 Bonham (21 violations) , 880 Bonham (21 violations) , 890 Bonham (21 violations) , 892 Bonham (20 violations) , and 894 Bonham (20 violations) , - Bryan Investments, owner, Staff recommendation to raze all seven (7) structures within 30 days; 1655 Brooklyn (commercial) - Dorothy Harrington, owner (16 violations) , Staff recommendation to raze within 30 days; 1665 Brooklyn (shed) (8 violations) and 1665 Brooklyn (garage) (13 violations) - Mary Harris, owner, Staff recommendation to raze within 30 days; 1865 Brooklyn - Billie Marie Jones, owner (21 violations) , Staff recommendation to raze within 30 days; 1010 Sherman - Marguerity Johnson, owner (21 violations) , Staff recommendation to declare structure a nuisance and order raze within 30 days; 4160 Brandon - David Wise, owner (19 violations) , Staff recommendation to raze within 30 days; 685 Shell - Henry Morgan, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 685 Shell (garage) - Henry Morgan, owner (9 violations) , Staff recommendation to raze within 30 days; 3480 Avenue B rear - Mary Lawson, owner (21 violations) , Staff recommendation to raze within 30 days; 4445 Flamingo - James L. McCoy, owner (14 violations, Staff recommendation to raze within 30 days; 2245 Lela - Irma Lynn Thomas & Glen E. Holmes, owners (20 violations) , Staff -150- June 25, 1991 recommendation to raze within 30 days; 3675 Usan - Robert Lomax Et Ux, owner (16 violations) , Staff recommendation to raze within 30 days; 2025 Southerland - Clara Coleman, owner (21 violations) , Staff recommendation to raze within 30 days; 2945 Sarah - Mary Jane Fontenot, owner (21 violations) , Staff recommendation to raze within 30 days; 2945 Glenwood - Jack Nixon, owner (21 violations) , Staff recommendation to raze within 30 days; 3669 Westmoreland - George E. Randle, owner (9 violations) , Staff recommendation to raze within 30 days; 2155 Terrell - Vernetta Harrison, owner (21 violations) , Staff recommendation to raze within 30 days; 1308 Victoria - S. J. Rideaux, owner (20 violations) , Staff recommendation to raze or repair within 30 days; 1360 Blanchette - E. E. Shamp, Jr. , owner (21 violations) , Staff recommendation to raze within 30 days; 1210 Avenue G - Veterans Administration, owner (21 violations) , Staff recommendation to raze or repair within 30 days; and 1210 Avenue G (garage apartment) - Veterans Administration, 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 seventeen (17) 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. 6720 Bigner, 1810 Cottonwood, 565 E. Gill, 2560 Grove, 8066 Mitchell, 5305 Phelps, 440 Doucette, 1128 Evalon, 1138 Evalon, 1148 Evalon, 1158 Evalon, 909 Franklin, 3883 Fonville, 1770 Gladys, 3145 Grand (garage apartment) , 1416 Gray and 2133 Laurel. Ms. Marjorie M. Lede, 3155 St. James Boulevard, addressed Council regarding the structure at 2470 Space. Ms. Lede expressed a desire to establish a work order to rehabilitate the structure. Mr. Eddie Shamp, Jr. 1140 Amelia, addressed Council regarding the structure at 1360 Blanchette. Mr. Shamp stated this structure may have historical value and asked for time to rehabilitate the building. Mr. Joseph Bennett, 2095 Washington Boulevard, addressed Council regarding the structure at 6720 Bigner. Mr. Bennett requested an extension of time to rebuild the structure. There being no one else to address Council, the public hearing was closed. -151- June 25, 1991 Ordinance No. 91-55 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 91-55 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilman Cokinos informed Council that he has been notified by Mr. Bill Bates, owner of the structure at 240 2nd Street, who said repairs will be completed within three weeks and asked that the structure be removed from the ordinance. Structures at 2470 Space (garage apartment) , 1360 Blanchette, and 240 2nd Street were removed from Section 3 and included in Section 2 of the ordinance, and the structure at 6720 Bigner was removed from Section 4, to be brought back to Council for reconsideration in 30 days. Ordinance No. 91-55 was approved as amended on a motion made by Councilman Alter and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Councilman Moore reported that today, along with Councilmen Goodson and Cokinos, he observed the Department of Human Services' nutrition program serving lunch to young people. He voiced support of the program and a desire that Council pass a resolution expressing Council 's intent to continue the program in as many locations as possible. Councilman Samuel questioned policy changes in use of city facilities regarding fees and regulations, specifically the Best Years Center. Mr. Riley explained that because of theft and misuse of the Best Years Center, it's use is the same as other community centers with the same fee structure and regulations required for their use. Councilman Samuel then asked if several groups desiriring the building at the same time share the fee. Mr. Riley said that if one groupwanted to be the responsible sponsoring group, they could make the reservation with one charge. Mayor Pro Tem Smith commented that because of theft, misuse of the building, janitorial expenses and budget restrictions of the Best Years Center, she feels any organization using the building should pay the fee. After further discussion, Mayor Lord suggested that perhaps this item should be scheduled for a Workshop Session. Councilman Alter congratulated Councilman Cokinos for receiving special recognition as a volunteer; expressed excitement about the work and -152- June 25, 1991 additions to Magnolia Park; announced receiving a preliminary list of over 200 people serving on the committee to select the next Babe Zaharias winner and encouraged participation in this very prestigious award ceremony in December and congratulated the Clean Community Commission, Jeanne Mitchell, Mobil Oil Corporation, and Valspar Corporation for the terrific work in painting five homes for citizens in the community. Councilman Cokinos congratulated the Rogers brothers for receiving special honor from the Boy Scouts of America; reported that the Committee on Culture and Historical Resources conducted a very productive meeting at the Art Museum with three State representatives; and commended Councilman Moore and Councilman Samuel for a wonderful Juneteenth parade and party at Riverfront Park. Councilman Goodson thanked Councilman Moore for extending the opportunity for him and Councilman Cokinos to witness the children's nutrition program at Greater Little Zion Baptist Church and joined in expressing a desire that a resolution be adopted in support of the program's continued funding, and thanked Mayor Lord for the opportunity of representing the City at the Rainbow Girl Convention in her absence. Mayor Pro Tem Smith reported experiencing a marathon of events on Thursday by attending the program at the Art Museum and the Boy Scout event honoring the Rogers brothers and meeting Billy Tubbs at the airport for his visit to Beaumont. Mayor Lord expressed disappointment in missing the Juneteenth celebration and the Rainbow Girls Conference during the time she was in San Diego attending the Mayor's Conference. While there she served on the Nominations Committee and Resolutions Committee and experienced working with mayors from larger cities. In addition, she gave a speech and thanked Kirt Anderson, Planning Director, for the factual information he contributed to that presentation. She said these conventions are informational, but a lot of hard work. Mayor Lord reported receiving a letter from a couple in Seadrift, Texas, who passed through Beaumont recently. Their granddaughter became ill, and they were forced to stop. A citizen and two Police Officers stopped to offer help, and then a gasoline station attendant assisted them in providing some needed ice. They expressed to Mayor Lord that Beaumont is a wonderful and caring city. -000- Mrs. Marilyn Adams, 4695 Dellwood, addressed Council in support of the Innovative Housing program funded by Community Development Block Grant monies administered by the City. She distributed a handout to Council and gave a statistical report of events since the inception of the program in 1985. Mrs. Adams said that Rosie Jones, the City staff member who administers the program, receives many notes of gratitude -153- June 25, 1991 from people who would not have been able to own a home without this program, and thanks to City Council support, public funds have been leveraged one to five with private funds. Mrs. Adams commended Council and the City of Beaumont for the success of this program. Mr. Bruce Drury, 3555 Long, a member of the Clean Community Commission and Chairman of the Recycling Task Force, addressed Council in support of the Recycling Solid Waste Management Proposal recommending automated garbage collection service once per week, curbside collection of recycling bins once per week, bagged yard waste collection once per week and heavy brush and trash collection twice per month. Mr. Ben Lee, 7510 Plant Road, addressed Council to request a traffic light on Dowlen Road at the intersection of Old Dowlen Road in an effort to limit the speed of vehicles. His son was involved in a fatal accident at that intersection March 21, 1991. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to announce a program to be aired on Channel 6 at 5: 30 p.m. on Saturday spotlighting the Mayor's Committee for the Employment of the Disabled Persons. Mr. Forrest F. "Ted" Posey, 3695 Edmonds, addressed Council to compliment members of Council and the City Manager, requested assistance in cleaning some of the cemeteries and spoke in support of public transportation from 8: 00 a.m. to 5: 00 p.m. on Sunday. Mrs. Melony Wilson, 6340 Friar Tuck Lane, owner of property at 5865 Lampman, addressed Council in opposition to denial of a zoning change request as presented on Agenda Item No. 1, presented copies of the Supreme Court's ruling regarding property owner's rights and the 14th Amendment to the Constitution to Mayor Lord and charged alleged spot zoning discrimination. -000- There being no further business, the Regular Session of City Council was adjourned to reconvene in Workshop Session. -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 June 25, 1991. Rosemarie Chiappetta City Clerk -154- June 25, 1991