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HomeMy WebLinkAboutMIN MAY 23 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 23, 1995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 23rd day of May, 1995, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tern 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 Absent: Calvin Williams Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Glen Gabber, Parkdale Assembly of God. The Pledge of Allegiance was led by students from Beaumont Christian School who met with Mayor Moore and members of the Executive Office prior to Council meeting to learn about City government and Council procedures. -000- Two Proclamations were issued: "National Association of Insurance Women's Week," May 21-27, 1995; and a proclamation applauding "Dr. Mark J. Kubala" for receiving national recognition of his accomplishments in the field or neurosurgery and installation as President of the Texas Medical Association. -000 Mayor Moore announced that ten (10) students from Our Mother of Mercy Catholic School, their 133 May 23, 1995 teacher and principal are in attendance today. He said they are the first school in Texas to have been accepted in the Association of French America Classes, and as part of the program, the children are taught the French language once a week after school. The culmination to this year's long study is to spend three (3) weeks in France with host families and attending classes at their host families' school. Those leaving on this exchange program May 30 and returning June 20, 1995 are: students, April Allison, Vanessa Guillory, Ashley Hebert, Thomas Logan, Donald Redmon, Patrice Guillory, Lacee Carmon, Ashley Comeaux, Deaven Fontenot, and David Guidry, their teacher, Velina Johnson, and principal, Laura Moore. Principal Moore thanked Council and the community for their support of this program, said they will present gifts from Texas to the twelve host families, the students will perform in a multi-cultural skit entitled "All Children Smile in the Same Language," presented a bookmark with that slogan to Council and said a slide production will be shown using Lee Greenwood's song, "I'm Proud to be an American" as background. Ms. Velina Johnson added that this is an exchange program, hopes to bring students from France to a Council meeting next year and said that Channel 12 has graciously provided them with a cam corder to film their trip and has offered to provide viewing time for a report of their adventure upon their return. Mayor Moore told the group to be considered official ambassadors of Beaumont while they travel and study in France, told them that materials will be provided from his office to give to the mayor of the city they will be visiting and encouraged everyone to keep the big smiles upon their faces. -000- Mayor Moore announced that an eAecutive session will be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: the Claim of Donna Gilder and the Claim of Gary Wade following the regular session of City Council. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 6 through 8. No one wished to address these topics. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held May 16, 1995; and Resolution No. 141 authorizing an annual lease agreement with the Federal Aviation 134 May 23, 1995 Administration for the continued occupancy of space at the Beaumont Municipal Airport Terminal Building at an annual rate of$971.25, payable at a quarterly rate of$242.81. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 95-30 canvassing the results of the May 20, 1995, Runoff Election to elect a Councilmember for Ward IV with Get Williams receiving votes 540 votes, 49.95%, and Bobbie Patterson receiving 541 votes, 50.05%, resulting in Bobbie Patterson being elected as Councilmember for Ward IV, and a statement that a recount petition has been filed and set for Thursday at 3:00 p.m., was considered: ORDINANCE NO. 95-30 ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF ELECTION HELD IN THE CITY OF BEAUMONT ON THE 20TH DAY OF MAY, 1995; FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FOR WARD IV; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 95-30 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- An ordinance authorizing a zone change at 1821 Tilson Street from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at the request of Modern, Inc., a farm implement and trailer manufacturing company, because of the recent acquisition of a single lot behind the plant which the company plans to utilize for open storage, with a recommendation for denial from the Planning Commission because changing from RM-H to GC-MD for the purpose of expanding a nonconforming industrial land use is not permissible under the "Nonconforming Buildings, Structures and Uses of Land," ordinances listed in Section 30-30 of the Code of Ordinances, was considered: 135 May 23, 1995 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCE 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 OF PROPERTY PRESENTLY ZONED RM- H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1821 TILSON STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-31 authorizing a zone change to LI (Light Industrial) District for a 2.706-acre tract of land located on Tram Road presently zoned RS (Residential Single Family Dwelling) District at the request of Coca-Cola Bottling Company who wishes to sell a ten-acre tract which is zoned LI except of this 2.706 acre tract was considered: ORDINANCE NO. 95-31 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 OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR 2.706 ACRE TRACT LOCATED ON TRAM ROAD, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-31 was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Goodson. Question: Ayes: All Nayes: None 136 May 23, 1995 Ordinance No. 95-32 authorizing a Specific Use Permit at 1545 College Street to operate a neighborhood tavern located within a GC-MD District at the request of Ms. Jacqueline Ortiz, subject to the provision of fourteen (14) parking spaces and designating one (1) handicapped accessible, was considered: ORDINANCE NO. 95-32 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE (NEIGHBORHOOD TAVERN) IN AN AREA ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING )DISTRICT FOR PROPERTY LOCATED AT 1545 COLLEGE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-32 was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 95-33 authorizing a Specific Use Permit at 2201 Harrison Avenue to allow a law office annex, subject to there being no signage permitted and installation along the west property line of an 8' tall privacy fence and a 10' planted buffer in an area zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District at the request of Mr. Herschel Hobson was considered: ORDINANCE NO. 95-33 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LAW OFFICE ANNEX WITH FILE STORAGE IN AN AREA ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2201 HARRISON, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-33 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 95-34 amending a Specific Use Permit at 2750 South Fourth Street to build a new warehouse on the Adaptive Living Center's lot for storage purposes in an area zoned GC- MD (General Commercial Multiple Dwelling) District, subject to installation of a chain link fence 137 May 23, 1995 along the north property line and designating disabled parking spaces was considered: ORDINANCE NO. 95-34 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ADAPTIVE LIVING CENTER, INC. TO ALLOW A NEW WAREHOUSE IN FRONT OF THE FACILITY LOCATED AT 2750 S. FOURTH STREET ZONED GC-MD (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING DISTRICT) BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-34 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-142 authorizing a contract with Pro Noun Construction in the amount of $145,640 for construction of a metal roof at Fair Park Coliseum with a 20-year manufacturer's warranty and a two-year workmanship warranty was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-143 authorizing a contract with Cypress Bayou Industrial Painting, Inc. in the amount of $209,240 for furnishing all equipment, materials and labor for reconditioning (includes application of an epoxy mastic coating material) the structural steel at the Fair Park Coliseum was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-144 authorizing Change Order No. 2, reflecting actual quantities used, in the amount of $4,846.26 and final payment in the amount of $10,827.24 to the contract with Russ Miller Construction Company for the Transit Facility parking improvements project was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None 138 May 23, 1995 Ordinance No. 95-35 declaring certain dilapidated structures to be public nuisances and ordering their removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders was introduced: ORDINANCE NO. 95-35 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. A public hearing was called to consider the twenty-two (22) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 880 Arabella - Tony Luparella, owner (25 violations); 4307 Avenue A - Inez Burgess, owner(16 violations); -4150 Buffalo -Valry Brown, owner (19 violations); 2020 Cable - Leroy Jackson, III et al, owner (20 violations); 3969 Detroit, garage - Larry J. Prince, owner (9 violations); 2026 Earl - FGB Realty Advisors, Inc., owner (23 violations); 145 Fletcher- Rosa Lee Jones, owner (22 violations); 3045 South Fourth - Walter Kyles, Jr. et ux, owner (23 violations); 2280 Hemlock - Karen Matthews, owner (25 violations); 630 Langham - Thomas E. Jackson et al, owner (24 violations); 1173 Long - Wildred Davis c/o Larry Nunnaly, owner (25 violations); 1493 Louisiana (23 violations) and 1493 Louisiana, shed (11 violations) - Roland Warner, owner of both structures; 204 Potts - Edith Cormier, owner (20 violations); 2435 Rockwell - JoAnn Gilmore, owner(20 violations); 1955 Sabine Pass - Irvin Jochin Estate, owner(22 violations); 3620 Scranton - Kirk D. Tiller, owner (24 violations); 1897 Texas - John W. Thompson, owner (25 violations); 245 South Thirteenth (25 violations), 245 South Thirteenth, rear (13 violations), and 245 South Thirteenth, shed (15 violations) - Joe Mitchell, owner of all three structures; and 2020 Toledo - C. P. Jenkins, owner (20 violations); Staff recommendation to raze all twenty-two (22) structures. 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 sixteen (26) 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: 2143 Alban v, 3455 Bennett Road, 780 Center, 1476 Center, 1476 Concord, 1850 Cottonwood, 846 139 May 23, 1995 Crockett. 4080 Detroit, 2550 Hazel, 566-68 Langham and garage, 670 McGovern, 3550 Preston, 3954 St. Helena, 2040 Tulane, 2470 Tyler (front), 2470 Tyler (garage apt.) and 740 Van Buren. Mr. Henry Rowe, 5825 Garner, addressed Council about a dilapidated structure not listed on this ordinance for consideration and was told that public comment is limited now to these structures, but he could speak about any subject during the citizen comment portion of City Council later in the meeting. There being no one to address these structures, the public hearing was closed. Councilman Cokinos said the property at 4150 Buffalo has been sold by Valry Brown to Felix Broussard, a contractor, and asked for that structure to be removed from the raze section of the ordinance and allow the new owner to develop a work rehabilitation program. Ordinance No. 95-35 as amended to place the structure at 4150 Buffalo in Section 3 of the ordinance and order the owner or owners to either demolish or repair the structure within thirty (30) days and was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Councilman Goodson confirmed that he knew action on the dilapidated structure on Central Drive has been deferred, but asked the City Manager for someone to provide him with a copy of the foreclosure notice of the property and requested that the residents on Central that have addressed Council several times about the danger and nuisance of this structure be contacted by the City and notified of the action that has been taken. Also, Councilman Goodson questioned plans for a future workshop to review the alarm system and was advised by the City Manager and Mayor that a workshop will be held. Councilman Cokinos reported that he has met with residents on Central Drive about the dilapidated structure, congratulated Lamar University's baseball team for winning the Sun Belt Conference tournament and wished them well for their bid for the NCAA Midwest I Regional baseball tournament in Wichita, Kansas this week. Mayor Pro Tem Davis told Council that he has asked members of the Heart of the City Neighborhood Association to come to Council today to discuss the Orange Street project, a matter he has spoken with them about on several occasions, said that last week he and Councilman Cokinos attended several DARE programs, that he was extremely impressed with the well- mannered children, said he spoke at the Lucas Elementary School's fifth-grade graduation and it appeared that every parent attended the ceremony with an estimated 200 parents present and said it was most touching and moving to witness their support and involvement with their children. Also, 140 May 23, 1995 Mayor Pro Tem Davis said that a retreat for Council has been mentioned, and he supports setting aside a time to discuss ideas and issues in the near future. Mayor Moore thanked Councilmembers Davis and Cokinos for attending the DARE graduations and reporting the positive happenings, announced that May 30th will be the fifth Tuesday of the month and will be a night Council meeting that will include the Oath of Office and Swearing-in Ceremony for successful election candidates, said that Councilman Williams has been ill, informed Council that the curfew ordinance will probably be discussed next Tuesday night, said he attended the Transit Authority's appreciation breakfast last Thursday at 5:30 a.m. and it was interesting to see the spirit of the people coming to work at that early hour, congratulated area graduates, asked everyone to encourage young people to take advantage of the library this summer and try to read a book each week and shared the City's endeavor to provide a variety of recreational activities and facilities for young people and asked the City Manager to visit with the Police Chief to establish a policy of not tolerating acts of violence, share with the him that police presence is encouraged because it seems to impact the level of violence and Council wants that level of enforcement continued for everyone to feel safe. -000- Mr. Henry Rowe, 5825 Garner, addressed Council to state that he would like to inspect the dilapidated structure on Central Drive, possibly purchase and rehabilitate the structure, but cannot get in contact with anyone to admit entrance for an assessment and would like to do so before the June 6th foreclosure date. Mr. Rowe was advised to meet with the City's Legal Department Staff after the meeting for possible direction. Mr. Jim Hardy, 2980 Orange, Mr. Philip Fitzpatrick, 2117 Orange, Mr. Herman Davis, 790 Amarillo, the Reverend Bruce Felker, pastor of Roberts Avenue United Methodist Church, addressed Council on behalf of the Heart of the City Neighborhood Association to request that immediate attention be given to permanent restoration of Orange Street. They said a patch job is not a viable option because the substrata is damaged, that heavy truck traffic during construction of the Martin Luther King, Jr. Parkway contributed to the street's deterioration, said homeowners are choosing to renovate their homes and rehabilitate the neighborhood and said that permanent concrete street construction is needed. Mayor Pro Tem Davis said the the Heart of the City Neighborhood Association is trying to bring back property values, have worked on crime problems and prevention, that reconstruction of Orange Street is a central issue and asked Public Works Director Tom Warner or a designee to attend their next meeting to discuss possibilities available. Councilman Cokinos concurred that the street is in bad shape. Mayor Moore said he appreciates neighborhood associations that form, stay together, discuss 141 May 23, 1995 important issues and come together to Council and give opportunity for plans to be formulated, said that every consideration will be given to a quality job and come back as soon as possible with a good plan and added that the city gets tremendous return from citizen involvement. Mr. Herman Davis, 790 Amarillo, again addressed Council about low voter turnout in the recent elections, discussed need for voter encouragement--especially for young people, commented about no media coverage at the winner's victory party, said that whoever the winner is in Ward IV after the recount, a good candidate will have been elected because both women are qualified and said this will be a history-making event because it will be the first Black Councilwoman elected in Beaumont. -000- There being no other business, the regular session of City Council was recessed to reconvene in executive session. -000- 1, 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 May 23, 1995. Rosemarie Chiappetta City Clerk 142 May 23, 1995