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HomeMy WebLinkAboutMIN AUG 27 1991 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 27, 1991 - 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 August, 1991, with the following present: HONORABLE: Evelyn M. Lord Mayor Lulu L. Smith Mayor Pro Tem Councilman, Ward I Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Guy N. Goodson Councilman, Ward II Audwin Samuel* Councilman, Ward III Absent: David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk *Councilman Samuel arrived at 1:40 p.m. before Agenda Item No. 3 . -000- The Invocation was given by the Reverend Don White, Forest Park United Methodist Church. The Pledge of Allegiance was led by City Clerk Rosemarie Chiappetta. -000- Mayor Lord announced that Councilman Samuel is en route to City Council and should be arriving soon, and Councilman Moore had a business matter come up that required his attention. -000- A Proclamation was issued in recognition of the "Summer Food Service Program. " -000- Citizen comment was invited on the Consent Agenda and Main Agenda Item No. 7. No one wished to address these items. -000- -199- August 27, 1991 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 20, 1991; Resolution No. 91-202 authorizing a full and final settlement in the amount of $3, 148. 56 for for a claim brought against the City by Kenneth Hicks for damages to his automobile (driven by Gloria Prudhomme) resulting from a collision with a City vehicle at Avenue B and Washington Boulevard on July 3 , 1991; Resolution No. 91-203 accepting a 14-foot-wide general utility easement across property in Block 9 of the Oakwood Addition (in an east-west alley extending from Poplar to Hemlock between Madison and Doucette Streets abandoned in 1966) from Habitat for Humanity to be used in providing sewer service to homes they will construct; Resolution No. 91-204 authorizing payment in the amount of $37, 336.47 to Mustang Tractor and Equipment Company for emergency repairs to Unit 5068, a 1988 Caterpillar D7 bulldozer, used in covering waste compacted in the landfill cells for disposal by the sanitary fill method; Resolution No. 91-205 awarding a contract to Placo, Inc. in the amount of $24,940.00 for construction of a concrete foundation for a 37-ton vessel at the Fire Training Center; and Resolution No. 91-206 authorizing settlement of a lawsuit styled Bruce Chenault vs. The City of Beaumont in the amount of $6, 000. 00. The Consent Agenda was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 91-63 authorizing removal of the AC (Architectural-- Cultural) Overlay designation on Lots 1-261 Block 38, Averill Addition and establishment of an HC (Historical Cultural) Overlay designation for Lots 5, 6, 7, 8, 9, 18, 19, 20, 21, 22, the east 14 feet of Lot 10 and the east 14 feet of Lot 17, the block bounded by Ninth and Tenth Streets and Ashley and Evalon Avenues, including the former J. Cook Wilson residence at 1111 North Ninth Street which was occupied for a time as the Wilson Memorial Art Center, at the request of Dr. Rodolfo P. Sotolongo, a prospective purchaser, who plans to restore the Wilson home under the HC Overlay classification and the remainder of the property to be sold in four large replatted lots for residential use with deed restrictions providing for the residences to be compatible with the surrounding neighborhood was considered: -200- August 28, 1991 ORDINANCE NO. 91-63 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 REMOVING THE AC (ARCHITECTURAL-CULTURAL) OVERLAY DESIGNATION ON PROPERTY DESCRIBED AS LOTS 1-26, BLOCK 38, AVERILL ADDITION AND ESTABLISHING AN H-C (HISTORICAL/CULTURAL) OVERLAY DESIGNATION FOR PROPERTY DESCRIBED AS LOTS 5, 6,7,8,9, 18, 19,20, 21,22, THE EAST 14 FEET OF LOT 10 AND THE EAST 14 FEET OF LOT 17, AVERILL ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 91-63 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 91-64 authorizing issuance of a specific use permit for a church on the southeast corner of Betty and Ives Streets, described as Lots 25, 26 and 27, Block 2 , Betty "J" Addition, in an application filed by the Reverend Henry L. Turner on behalf of the Sweet Home Open Bible Baptist Church was considered: ORDINANCE NO. 91-64 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A CHURCH ON PROPERTY DESCRIBED AS LOTS 25, 26 AND 27, BLOCK 2, BETTY "J" ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-64 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None (Councilman Samuel arrived at Council. ) -000- Ordinance No. 91-65 authorizing a specific use permit requested in an application by Helena Laboratories for construction of a 115, 000-square- foot, three-story warehouse building at 1525 Lindbergh Drive in an area zoned GC-MD (General Commercial--Multiple Family Dwelling) was considered: -201- August 27, 1991 ORDINANCE NO. 91-65 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A WAREHOUSE ON PROPERTY LOCATED AT 1525 LINDBERGH DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 91-65 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 91-66 amending the landscape section of the Code of Ordinances, Chapter 30, Sections 30-4 (b) and 30-31(c) , to enhance the city' s appearance by such amenities as landscaped "green edge" buffer strips between parking lots and streets, was considered: ORDINANCE NO. 91-66 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-4 (B) AND 30-31(C) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 91-66 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 91-67 amending the handicapped parking section of the Zoning Ordinance, Chapter 30, Section 30-27 (11) of the Code of Ordinances, to create a new disabled parking ordinance incorporating standards set by the American Disabilities Act and State law provisions, was considered: ORDINANCE NO. 91-67 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 SECTION 30-27 (11) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REQUIRE PARKING SPACES FOR THE DISABLED; PROVIDING CONDITIONS FOR SUCH PARKING SPACES; PROVIDING AN EFFECTIVE DATE FOR THE INSTALLATION OF SUCH SPACES IN EXISTING PARKING LOTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -202- August 27, 1991 Councilman Alter expressed concern with the six month effective date after passage of this ordinance provided in Sub-section 11(e) because it would not be in effect prior to the Christmas shopping season, questioned the time requirements of the American Disability Act and whether a difference could be made between spaces that can be painted and signed and those requiring construction, and asked the City Attorney if any time less than six months could be considered a potential taking. Counsel responded that because we have required ramping for the last ten years, painting and signing will be all that is necessary for the majority of the spaces. Additionally, Councilman Alter questioned enforcement of those spaces requiring only painting and signing before Christmas versus those needing additional construction, which might take more time. Planning Director Kirt Anderson explained the process followed in enforcing compliance with the zoning ordinance. Councilman Cokinos made a motion, seconded by Councilman Goodson, to adopt the ordinance as presented. Councilman Alter made a motion to amend the ordinance to require those spaces that need only painting and signing to meet the space size requirement be in compliance within three months rather than six months. The motion died for lack of a second. Discussion was held about the concerns expressed by the disabled regarding the number of cars in the parking lots and lack of visibility during the Christmas season and the need to reasonably deal with the problem. After further consideration of the ordinance's effective date of six months rather than three months as as recommended by the Planning Commission, Councilman Goodson withdrew his second for adoption of the ordinance as presented and suggested, with Councilman Cokinos' concurrence, a specific effective date be considered, namely December 15th for the deadline for total compliance. Councilman Cokinos agreed and withdrew his motion. Ordinance No. 91-67 was approved with an amendment to Sub-section 11 (e) that all existing parking lots be in compliance by December 15, 1991, on a motion made by Councilman Goodson and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- An ordinance authorizing an HC (Historical Cultural) Overlay designation, requested by Horace J. Compton, in order to apply for an Historic Preservation Loan to repair and restore the property at 1580 Port Street described as Lot 7, Block 5, Leonard Addition--the site of "Compton House, " a residence built by Jeff Compton, Sr. in 1927 and cited as an example of the "craftsman homes" constructed during the early decades of the 20th century, was considered: -203- August 27, 1991 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 ESTABLISHING AN H-C (HISTORICAL/CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT) FOR PROPERTY LOCATED AT 1580 PORT STREET AND DESCRIBED AS LOT 7, BLOCK 5, LEONARD ADDITION, BEAUMONT, JEFFERSON COUNTY, FOR REPEAL AND PROVIDING A PENALTY. The City Manager explained that because four protests, representing 26% of the ownership within 200 feet of the location, approval by Council would require at least six favorable votes. Councilman Cokinos suggested this item be delayed until additional information regarding architectural design and cost estimates be received and until a full Council is present. Other Councilmembers disagreed with the need for architectural design and cost estimates saying it should only be considered on its historical value. After a lengthy discussion regarding the merits of action for the Historical Cultural Overlay, possibility of establishing a work plan for the rehabilitation of this structure, and the fact that this structure is presently on the list for demolition of dilapidated structures, a motion made by Councilman Samuel and seconded by Mayor Pro Tem Smith for approval of the ordinance as presented f a i 1 e d on the following vote: Question: Ayes: Mayor Lord Nayes: Councilman Councilman Cokinos Alter Mayor Pro Tem Smith Councilman Goodson Councilman Samuel -000- Resolution No. 91-207 authorizing statement of the Council 's position in strongly opposing any move to relocate the District 20 Headquarters of the Texas Department of Highways and Public Transportation away from Beaumont and calling for a concerted effort to retain the headquarters facilities was approved on a motion made by Councilman Samuel and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- - public hearing was called to consider the forty (40) below listed -204- August 27, 1991 structures found to be in violation of the City of Beaumont Is Dangerous Structure Ordinance, Article III, Section 14-50: 1070 Center (21 violations) and 1070 Center - garage (7 violations) - Joe Armstrong, owner of both structures, Staff recommendation to raze structures within 30 days; 1793-99 Liberty - Bill Bates, owner (21 violations) , Staff recommendation to raze within 30 days; 1555 Forsythe - shed (8 violations) , 1515 Forsythe - rear (21 violations) and 1505 Forsythe (21 violations) , John and Frankie DeYoung, owners, Staff recommendation to raze within 30 days; 1345 Collis (19 violations) , 1345 Collis - garage (7 violations) , 1327 Collis (20 violations) , and 1325 Collis (19 violations) , Sadie and Hubert Oxford, owners, Staff recommendation to raze all structures within 30 days; 3470 S. 11th and 3470 S. 11th - rear - Gertrude Federick, owner of both structures, (21 violations each) , Staff recommendation to raze each structure within 30 days; 6795 Fannett - Anthony P. Barry, owner (21 violations) , Staff recommendation to raze within 30 days; 564 Langham - Jerry Watts, owner (7 violations) , Staff recommendation to raze within 30 days; 867 Catalpa and 837 Catalpa - Anthony Augustine, owner of both structures (19 violations each) , Staff recommendation to raze each structure within 30 days; 1715 Cottonwood - Ulishious Gilford, owner (16 violations) , Staff recommendation to raze within 30 days; 3152 Pine - William Johnson, owner (21 violations) , Staff recommendation to raze within 30 days; 3162 Pine - Mollie Bean, owner (21 violations) , Staff recommendation to raze within 30 days; 720 Pollard - Amy Wendt, owner (26 violations) , Staff recommendation to raze within 30 days; 2540 Buchanan - Bobbie S. Carter, owner (16 violations) , Staff recommendation to raze within 30 days; 6790 Bigner - Construction Aggregates Inc. of Texas, owner (24 violations) , Staff recommendation to raze within 30 days; 7815 Eastex (21 violations) , 7815 Eastex - shed 1 (8 violations) , and 7815 Eastex - shed 2 (11 violations) - Lynn and Lisa Smith, owners, Staff recommendation to raze all three structures within 30 days; 6031 Chandler - Lawrence C. Bowman, owner (22 violations) , Staff recommendation to raze within 30 days; 3600 Broussard-shed (17 violations) , 3600 Broussard - side apt. (21 violations) , and 3600 Broussard - apt. (18 violations) - Joe Simon, owner, Staff recommendation to raze within 30 days; 1462 Sabine Pass - commercial (9 violations) and 1466 Sabine Pass - garage apt. (23 violations) - Mission of The Lost Sheep c/o Larry Day, owner, Staff recommendation to raze both structures within 30 days; 759 Cartwright - Irene Cogbill, owner (20 violations) , Staff recommendation to raze within 30 days; 3210 Ector - James Bryant, owner (23 violations) , Staff recommendation to raze within 30 days; 1735 Church - Loyce Watts, owner (22 violations) , Staff recommendation to raze within 30 days; 1935 May - Ella May Frank, owner (18 violations) , Staff recommendation to raze within 30 days; 1895 Washington - commercial - Mike Sinclair, owner (18 violations) , Staff recommendation to raze within 30 days; 1929 Euclid - Raymond Chaison, owner (21 violations) , Staff recommendation to raze within 30 days; 2408 Goliad - Mary Lee Denson, owner (19 violations) , Staff recommendation to raze within 30 days; 2543 Wall - American -205- August 27, 1991 General, owner (21 violations) , Staff recommendation to raze within 30 days; and 1405 Carroll Alley - Donald Gauthier, owner (20 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 twenty-eight (28) 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. 850 Bonham, 860-66 Bonham, 870-76 Bonham, 880 Bonham, 890 Bonham, 892 Bonham, 894 Bonham, 4160 Brandon, 1655 Brooklyn (commercial), 4445 Flamingo, 1380-82 Grand, 2245 Lela, 2320 Liberty, 2370 Linson, 2526 Magnolia (rear), 170 Manning, 1475 Maple, 2815 Orange, 1725 Pennsylvania, 875 Pollard, 2310 Roman, 280-84 Second (rear), 685 Shell, 685 Shell (garage), 2025 Southerland, 3145 Taliaferro, 2155 Terrell, and 3675 Usan. Mr. W. A. Roberts, Managing Partner of Saraw Partnership (4548 Cleveland, Groves, TX 77619) , addressed Council regarding the property at 2815 Orange. Mr. Roberts entered a protest on the grounds that under Article III, Section 14-50, Dangerous Structures Defined, claiming this property does not fall under the six (6) criteria required for dangerous structure designation. Recent video pictures of the structure at 2815 Orange were viewed by Council showing holes in the roof and ceiling. Mr. Roberts indicated the Partnership did not want to initiate a work program for rehabilitation, but asked for additional time to sell the property. There being no one else to address Council, the public hearing was closed. Ordinance No. 91-68 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 91-68 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. -206- August 27, 1991 Councilman Cokinos requested that the structures at 1345 Colli, 1345 Collis (garage) , 1327 Collis, and 1325 Collis owned by Sadie and Hubert Oxford be considered for an additional 90 day extension because the Oxfords are out of the Country. Remaining Council did not concur with this request. Ordinance No. 91-68 was approved on a motion made by Councilman Samuel and seconded by Mayor Pro Tem Smith. Question: Ayes: Mayor Lord Nayes: Councilman Councilman Alter Cokinos Mayor Pro Tem Smith Councilman Goodson Councilman Samuel -000- Councilman Alter reminded everyone that the next Council meeting will include a Public Hearing conducted at 7: 00 p.m. , Tuesday, September 3 . -000- The Reverend Myron D. Barnes, Sr. , pastor of Starlight Missionary Baptist Church, 1090 Buford Street, spoke in support of denying an HC Overlay for the at 1580 Port Street. The Reverend Barnes said the structure has no architectural uniqueness, no historical value, and is a public nuisance and asked that the structure be razed expeditiously since records reflect it should have been demolished by July 16, 1991. Mr. Wilmer Roberts, 8330 Shenandoah, addressed Council to express concerns about the dilapidated structure ordinance process and encouraged timely identification of structures. Mr. Leo P. Flood, Sr. , 5490 Greenbriar Lane, addressed Council regarding the need for the Summer Food Program and requested the City consider sponsoring the program for 1992 . Mr. Flood said many cities sponsor this program and are able to serve more children than a non-profit organization can because of site regulations placed upon them. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council in support of the Summer Food Program. -000- Councilman Samuel requested the City Manager look into feasibility of the City administering the Summer Food Program for 1992 as Mr. Flood suggested. Mayor Lord expressed appreciation to the Beaumont Police Department and Fire Department for assisting with the Women's Awareness Workshop held Saturday, August 24, 1991. She reported that over 200 ladies attended. -207- August 27, 1991 There being no further business, the meeting was adjourned before continuing with the City Council 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 August 27, 1991. Rosemarie Chiappetta City Clerk -208- August 27, 1991