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HomeMy WebLinkAboutMIN NOV 08 1994 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 8, 1994 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 8th day of November, 1994, with the following present : HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman, Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Calvin Williams Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by City Attorney Lane Nichols . The Pledge of Allegiance was led by Fire Chief C. A. "Pete" Shelton. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 through 4 . No one wished to address these subjects . -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held November 1, 1994; Resolution No. 94-304 accepting Street and Storm Sewer Improvements: Shadow Bend Avenue from existing Shadow Bend Avenue approximately 352 feet south to 3 type OM-4P end of roadway markers and Shadow Lane from Shadow Bend Avenue approximately 277 feet east to and including the cul- de-sac; and Water and Sanitary Sewer Improvements : in Lots 8-14, Block 3 ; in Bellechase Addition, Section 3, Phase 3 , for City maintenance, contingent on filing of the final plat complete with proper filings of dedication of all rights-of-way, easements and installation of sidewalks on Lot 8 and Lots 14, Block 3 required on preliminary and final plats; -273- November 8, 1994 Resolution No. 94-305 authorizing Licenses to Encroach with Mr. and Mrs. Phil W. Meaux, 4865 Bellechase Drive, and Mrs. Sandra Spector, 4885 Bellechase Drive, to encroach into a sixteen-foot utility easement for erection of a fence at the rear of their residences on Lots 14 (Meaux residence) and 15 (Spector residence) , Block 1, Bellechase Addition, Section One, waiving usual fees because of the cooperation of the property owners to rectify a traffic hazard necessitating relocation of the fence; and Resolution No. 94-306 designating the clean-up of property known as the Hegele Street Cemetery by Jefferson County jail inmates as a "Community Service Work Program, " thereby, allowing the project to become an eligible project for inmates held by the Jefferson County sheriff . The Consent Agenda was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Goodson. Question: Ayes : All Nayes : None -000- Ordinance No. 94-50 adopting and approving the 1994 Certified Tax Roll as presented by Nick Lampson, Jefferson County Tax Assessor-Collector, with net taxable property value in Beaumont as $3 , 251, 615, 993 and total tax levy, after applying the adopted tax rate of $0 . 615, determined to be $19, 997, 480 was considered: ORDINANCE 94-50 ENTITLED AN ORDINANCE ADOPTING AND APPROVING THE APPRAISAL ROLL, AS ADJUSTED, INCLUDING THE AMOUNT OF TAX AS SUBMITTED BY THE TAX ASSESSOR - COLLECTOR OF THE CITY OF BEAUMONT FOR THE TAX YEAR 1994 ; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Ordinance No. 94-50 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes : All Nayes : None -000- Resolution No. 94-307 authorizing six-month contracts for road oil for use by the Street and Drainage Division/Public Works Department with Gulf States Asphalt, F.O.B. Plantsite for MC-30 at $ . 61/gal . and RC-250 at $ . 59/gal . ; with Koch Materials, F.O.B. Plantsite for MS-1 at $ . 65/gal . , CSR-2 at $ . 65/gal . , AES-300 at $ . 70/gal . and AE-P at $ . 78/gal . ; and with Dixie Materials, F.O.B. 2610 Concord for MC-30 at $ . 706/gal . and RC-250 at $ . 686/gal . was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes : All Nayes : None -274- November 8, 1994 Resolution No. 94-308 authorizing execution of deeds without warranty for sale of surplus property to Magnolia Cemetery c/o Leroy King for the amount of $200 for Parcel 1 : located on the 400-600 block of Elm Street, described as an 11, 101 square foot tract, Lots 1 and 2 , Block 1 and all of Block 2, Sheffield Addition; to Edward Zenn for the amount of $200 for Parcel 2 : 1387 Schwarner, described as a 3 , 274 square foot tract in the D. Brown Survey, Plat A-2 ; and to M. A. Phelan for the amount of $60, 000 for Parcel 3 : a 57, 500 square foot right-of-way abandoned by the Missouri Pacific Railroad between west right-of-way line of Interstate 10 north and the east right-of-way line of 16th Street ditch; was approved on a motion made by Councilman Ames and seconded by Councilman Goodson. Question: Ayes : All Nayes : None -000- Resolution No. 94-309 rescinding the portion of Resolution No. 94-291 authorizing a contract with ITT Hartford for Long Term Disability insurance who withdrew their proposal due to pending litigation between TML, ITT Hartford and the City of Beaumont and authorizing a one-year contract with MONY for John Alden Risk Management, the second lowest bidder, for Long Term Disability insurance was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Smith. Question: Ayes : All Nayes : None -000- A public hearing was called to consider the twenty-five (25) below listed dilapidated structures found to be in violation of the City of Beaumont' s Dangerous Structure Ordinance, Article III, Section 14-50 : 1735 Brooklyn (24 violations) and 1745 Brooklyn (23 violations) - John Baugh Estate, owner; 1657 Tagore - Alcide Boutte, owner (22 violations) ; 895 Doucette (Commercial) - Frank Salas, Et Ux, owner (17 violations) ; 2660 Atlanta - Ernest D. Green, owner (24 violations) ; 760-62 Irby _(Duplex) - David H. Daneshpayey, owner (21 violations) ; 3255 Sarah - Frankie and Warren Edwards c/o Linda Armon, owner (24 violations) ; 3830 Scranton - Ellen Fae Duke, owner (23 violations) ; 1855 Pierce - Oma M. Jones Estate, owner (21 violations) ; 5730 Bigner Road - Henry Marshall Et UX, owner (22 violations) ; 5885 Comstock Road - Judy Lord, owner (23 violations) ; 2408-12 Cable (Apartments) (20 violations) and 2420-24 Cable (Apartments) (20 violations) - Berkins Booker, Jr. , owner; 1138 Victoria Cts . , 1140 Victoria Cts . , 1148 Victoria Cts . , 1150 Victoria Cts. , 1158 Victoria Cts . , 1160 Victoria Cts . , 1168 Victoria Cts . , 1180 Victoria Cts . , 1190 Victoria Cts. and 1198 Victoria Cts . - Bryan Investments, owner (23 violations each structure) ; 1081 Gladys (Commercial) - Martin Brown, Jr. , owner (26 violations) and 3700 Highland (Commercial) - Genoveva Ruiz, owner (17 violations) ; Staff recommendation to raze all structures within 30 days . -275- November 8, 1994 The above listed parcels of property have been inspected, are vacant and have been 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. Authorization is requested from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition: 760 Devillenueve, 548-50 Emmett, 3860 Grand, 1740 Levy, 1350 Neches, 3034 Pine, 295 Plum, 2240 Potts, 2219 Rusk, 1965-75 Sabine Pass Avenue, 1985-95 Sabine Pass Avenue, 950 Schwarner, 2195 Southerland, 2060 Toledo, 3540 West, 3431 Westmoreland, and 600 Pine (Commercial) . Mr. Jose' Ruiz, 450 Langham, addressed the public hearing to request additional time for rehabilitation of the commercial structure at 3700 Highland Avenue, formerly the Lamar Theatre. Mr. Ruiz explained his loss of employment in 1989 after purchase of the property resulting in a change of plans for rehabilitation of the building, stated his present employment situation has improved, that he will have the property loan paid in two years and wants to begin serious renovation on a cash basis after the loan is repaid. Mr. Ruiz said he has plans to remove an awning and install iron lattice work over the windows and said the building is cosmetically poor, but structurally good. Council questioned projected use of the building and work plan, asked if the Building Codes Division had been contacted and if a Staff report indicated the building' s condition. Fire Chief Shelton said the building does not meet any minimum housing codes, said there are electrical and plumbing problems, the roof is caved in and the building is dangerous to public safety and to City Firefighters . Chief Fire Marshall Jack Maddox explained that the building is divided into three portions; the main area is the old theatre. He said the front doors are broken, the porch is about to fall, the concession area has been totally destroyed by vandals, walls are knocked out, wood torn out, electrical service torn from building, air conditioning system vandalized, the main auditorium seating is torn, there is a large hole in the roof, an exit door remains continuously open, said roofing has been replaced in one area of the building and could probably be made usable, but overall the building is sub-standard and dangerous and needs attention. During a lengthy discussion Council continued to ask informational -276- November 8, 1994 questions, told Mr. Ruiz they need a specific plan and time frame, discussed cost of renovations, the investment Mr. Ruiz has already expended toward rehabilitation, safety factors and unsightliness to neighborhood. Mr. Ruiz assured Council he would like to rehabilitate the building, said it is structurally sound, outlined business spaces that could be designed and leased, explained the iron work he plans to install for security and restated that his ultimate plan was to pay off the loan and rehabilitate the structure on a cash basis . Council expressed their concern with Mr. Ruiz, outlay of capital and an interest in giving him an opportunity to put this building back into commercial stock, but explained their obligation to the neighborhood, concern for public safety and their willingness to consider a work program within a specific and realistic time frame. Mr. Robert Lynn DeMary, 430 East Elgie, addressed the public hearing to state that he lives about three blocks from the dilapidated structure at 3700 Highland and has observed no efforts made in the past six months to close the front doors, said neighbors have reported at Association meetings people regularly entering and leaving the structure at the rear entrance . Mr. DeMary said these reasons have precipitated the Neighborhood Association to support demolition of this property, said they are not opposed to renovation of the structure, but would like to see the structure made safe and not a hazard to the neighborhood. He further stated their concern that vagrants might enter the building, start a fire for warmth and jeopardize the neighborhood. The being no one else desiring to speak, the public hearing was closed. A motion made by Councilman Williams and seconded by Councilman Smith was approved to amend the ordinance to raze or repair within thirty (30) days for the structure at 3700 Highland Avenue, that immediate security of the building begin to eliminate safety hazards and a report brought back to Council with an an established work plan. Question: Ayes : All Nayes : None ORDINANCE NO. 94-51 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND / OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. Ordinance No. 94-51 as amended was approved on a motion made by Councilman Williams and seconded by Councilman Goodson. Question: Ayes : All Nayes : None -000- Mayor Moore announced that an executive session will be held following -277- November 8, 1994 the regular session of City Council in accordance with Section 551 . 071 of the Government Code to discuss contemplated or pending litigation: the Claim of Mamie Jarreau and in accordance with Section 551 . 074 to discuss appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee : (1) City Manager and (2) City Attorney. -000- The 1994 Photometric Index Project Team from the Industrial Technology Department of Lamar University were asked to present their findings of litter in Beaumont for the period July 1, 1993 to June 1, 1994 . Mr. Rex Hunter, spokesman for the team, introduced team members Tunesia Ashford, Joe Collozo, Gary Creel, Lonnie Leger and Craig Netterville . Mr. Hunter reported that litter increased 158% over the 1993 statistics . He said the only category in the survey that did not show an increase in the amount of litter was right-of-ways, which was down 231 from 1993 . All other categories increased: loading docks increased 6151; parking lots increased 5001; dumpsters increased 2891; streets increased 1681; and vacant lots increased 131 . Evidence indicated generating sources to be discarded items from cars and pedestrians, trash missed when disposed of in dumpster, wind-blown litter, debris from abandoned buildings and litter carried by localized street flooding. He cited that some businesses allowed debris to pile up against their dumpsters and dumpsters were not large enough to hold the trash volume. Another source of excessive litter was found around several loading docks that eventually spilled into streets and drainage ditches with water run-off . The 1994 Project Team made seven (7) recommendations : 1 . ) Require waste handlers to register for an annual dumpster permit from the City. 2 . ) Require businesses to provide a three-sided enclosure around dumpsters if litter in their area continues to increase . 3 . ) Survey dumpsters quarterly to identify businesses that do not have properly sized dumpsters for their volume of trash. 4 . ) Maintain public awareness of the litter problem through community projects and advertisement campaigns . 5 . ) Add to list of major thoroughfares that are presently under contract to be cleaned. 6 . ) Develop a program with local, state or federal correctional institutions to provide clean-up services . and 7 . ) Require construction sites to have dumpsters and control litter in the works sites daily. Mr. Hunter closed the presentation by stating that the project has given an opportunity for the team to demonstrate how "individuals can make an effort to make a difference in keeping Beaumont clean" and presented tee-shirts to Council with their logo stating, "let us all dream for a cleaner community, let us keep Beaumont a beautiful place to live. " Mayor Moore invited Dr. Tom Nelson, Chairman of the Keep Beaumont -278- November 8, 1994 Beautiful Commission to make additional comments. Dr. Nelson thanked the group for a tremendous job in providing a standard to work towards, said the Photometric Index is a requirement Beaumont must perform to retain certification as a Keep America Beautiful city and expressed appreciation to Lamar University and Dr. Gates for their consistent service . Dr. Nelson said it is disturbing to see this increase in litter, reported that next Thursday this information will be presented to the Chamber of Commerce, and perhaps the Chamber will communicate with businesses the need to reduce litter through their publications . Councilman Goodson said that in spite of litter numbers increasing this year, he appreciated the detailed comments of the report . He suggested to Staff that since we franchise commercial waste haulers, perhaps the City could provide a copy of this study to each of them and encourage them to work with their customers to install appropriate size dumpsters. Also, Councilman Goodson suggested that perhaps Staff could notify and encourage the known parking lot operators to clean up their space. -000- Councilman Goodson congratulated the winner of the Babe Zaharias Female Amateur Athlete of the Year Award. He said good meetings were held at the Tyrrell Park and Amelia Neighborhood Associations with a presentation by City Staff on recycling waste oil and another by the Beaumont Police Department and thanked them for the presentations and hard work with the neighborhood associations . Councilman Ames said the Babe Zaharias Female of the Year Award ceremony at Lamar' s Montagne Center was great and congratulated the participants. Mayor Moore said he thought this fifth annual banquet of the Babe Zaharias Award was one of their best efforts, congratulated the Convention and Visitor' s Bureau for an excellent job, said the program was different and unique in displaying the talents of the athletes and spoke well of Beaumont, and said the ceremony was filmed and will be shown on ESPN. Also, Mayor Moore said he spent two hours at Westbrook High School this morning with the Navy Junior ROTC Program going through inspections with their commander. He said it was refreshing to observe young people being led by other young people. Also, he congratulated Westbrook' s football team who will be going to playoffs this weekend and encouraged support for the team. -000- Mr. Cleveland Nisby, 4520 Corley, addressed Council to express concerns about spending City funds for relocation costs of residences of Neches Park Homes, Port of Beaumont plans for expansion, the Housing -279- November 8, 1994 Authority' s commitment for that neighborhood, and asked that any extra funds of the City be spent in Tract 17 to stimulate growth. Mayor Moore told Mr. Nisby that Council passed a resolution that requested HUD to rebuild 33% of the units in the Beaumont Charlton- Pollard neighborhood and were told that because it was a minority impacted neighborhood, only 10 to 12 units could be rebuilt there and said the City Council has no regulating authority on their actions. Mr. Ron Goodman, 2335 Morrison Street, addressed Council to question the City' s commitment to revitalization of the Charlton-Pollard neighborhood and any interaction between the City and the Port of Beaumont regarding the neighborhood and mentioned his concerns about neighborhood schools . Mayor Moore said the City' s housing commitment is still in place for all of the city and has not been forgotten. He said the City has no control over Port of Beaumont activities and he shares a concern for schools and wants children to be able to attend schools in their neighborhood and will work towards revitalization of that area. Mayor Pro Tem Davis said he had concerns about Dunbar Elementary, spoke with Dr. Mallett and Judge Brown about this issue and feels every attempt will be made to keep that school open. He commented about the newspaper article reporting that Councilman Smith proposed the school board and city officials meet to see if a common ground exists for future collaboration for the good of children, said he and Councilman Williams will be watching activities concerning Dunbar Elementary School and asked to be informed of any additional information. Mayor Moore said if this Council is going to forge forward, there are certain factors to consider, and one of the things he has looked at is forming new partnerships . He commented that Councilman Smith has spent considerable time researching what might be accomplished and invited the neighborhood association to share any specifics with which they feel Council can assist . Councilman Smith remarked that she hears the concern of Mr. Nisby and Mr. Goodman about the school, thinks it is realistic to relocate a considerable number of the 150 households involved back into the neighborhood, said the survival of that school is in danger and thinks that is the heart of that community. She agreed the City should put all reasonable pressure on HUD to put as many units as possible back there . She said the school has a new principal (Ms . Iris Williams) , and she has heard many good things about her. Mayor Moore said 84 students were displaced from that area, and reminded everyone that there is a voucher system in place, the residents can choose to remain in the area and should be encouraged to utilize as much of the housing that is available. -280- November 8, 1994 Councilman Williams inquired of Mr. Goodman about a scheduled neighborhood meeting to discuss this subject and said he might also have an interest in attending to express the concerns of Mr. Nisby and Starlight Baptist Church. He agreed with Councilman Smith' s comments, said the unknown factor is the Port' s intention in terms of encroachment upon that community and said we have an obligation to tell the Port we expect them to be good neighbors in terms of an environmental impact . Councilman Williams said that City Council with their staff and resources probably can get information to deal with the Port and other entities and that neighborhood' s growth, encouraged scheduling a neighborhood association meeting soon to discuss the situation, and suggested possibility of contacting Habitat for Humanity for assistance. Mr. Bruce Morays, 2375 Liberty, addressed Council to express concerns about the oak trees on Liberty and Laurel that might be affected by the Liberty-Laurel Corridor project, questioned the effect of the proposed boring process on the trees and asked if there would additional sidewalks and lighting. Public Works Director Tom Warner said a report will be submitted to Council in about two or three weeks . -000- There being no other business, the regular session of City Council was recessed to reconvene in executive 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 November 8, 1994 . Rosemarie Chiappetta City Clerk -281 November 8, 1994