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Home My WebLink AboutMIN JUN 27 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 27, 1995 - 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 June, 1995, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At Large Andrew P. Cokinos Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Councilman John K. Davis. The Pledge of Allegiance was led by Anand Lugar, a member of Boy Scout Troop 221. -000- Mayor Moore announced that an executive session will be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: the Claim of John and Mary Tooley following the workshop session. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 4 through 9. Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to express pleasure in Council consideration of Consent Agenda Item d accepting donation of tracts of land for the Charlton- Pollard Neighborhood Revitalization Project and Main Agenda Item 3 adopting the Land Use 165 June 27, 1995 Plan for the Charlton-Pollard Neighborhood. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 13, 1995; Resolution No. 95-155 authorizing First Interstate Bank to release and pledge securities held at Texas Commerce Bank, Houston, effective June 27, 1995; Resolution No. 95-156 appointing Phyllis Hill to the Beaumont Mayor's Committee for Employment of People with Disabilities for a term expiring June 27, 1995, and Albert Ebow to the Historical Landmark Commission for a term expiring June 26, 1997; Resolution No. 95-157 authorizing purchase of four (4) pentium personal computers from Electrotex in the amount of $23,539.00 to be used by the Engineering Division of the Public Works Department and the Water Administration Division of the Water Utilities Department; Resolution No. 95-158 accepting donation of four (4) tracts of land: 1.) Lot 4, Block 4, McGovern Addition (575 Schwarner Street); 2.) Lot 8, Block 4, McGovern Addition (520 Jackson Street); 3.) Tract 23 out of Plat F, David Brown Survey (740 Jackson Street) and 4.) Tract 69 out of Plat F, David Brown Survey (725 Schwarner Street) from Mrs. Mary Ann Y'Barbo for the Charlton-Pollard Neighborhood Revitalization Project; and Resolution No. 95-159 designating Gary A. Miller, William J. Munson, Scott A. Miller and Myrtle C. McCall as the official signatories for the Beaumont Transit System . 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. 95-39 authorizing a Specific Use Permit to allow construction of an office building for a consulting professional civil engineering practice on a 0.66 acre tract of land zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3880 Crow Road as requested by Fitz & Shipman Engineering, subject to conditions proposed by the Planning Department listed on the s'te plan titled Exhibit "B" was considered: 166 June 27, 1995 ORDINANCE NO. 95-39 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE BUILDING FOR A CONSULTING PROFESSIONAL CIVIL ENGINEERING PRACTICE IN AN AREA ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3880 CROW ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-39 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- An ordinance authorizing a zone change from RS (Residential Single Family Dwelling) to RM- H (Residential Multiple Family Dwelling-Highest Density) District for a 2.212 acre tract on Bennett Road, east of Betsy Lane, at the request of the Reverend Domoneck to construct multiple family dwelling units for senior citizens, with information provided by the Planning Department that: 1.) changing the property to RM-H would create improper zone district transitions--high density apartment units and some non-residential land uses with specific use permits would be allowed on the RM-H tract, while property adjacent would permit just single family residences; 2.) if changed as requested, the result would be a small tract of land owned by a single person surrounded by land zoned for single family purposes--benefiting the present land owner but not necessarily any benefit to adjacent landowners and homesteads--and an isolated tract would be created where the rights granted to the applicant are different from the rights of abutting owners; no evidence of changed physical or economic conditions have occurred in this immediate neighborhood which would indicate a need to alter the basic goals, objectives or policies of the Comprehensive Plan and a unanimous recommendation from the Planning Commission 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, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL SINGLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR A 2.212 ACRE TRACT ON BENNETT ROAD, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. 167 June 27, 1995 A motion for denial of the ordinance was made on a motion by Councilman Smith and seconded by Mayor Pro Tem Ames. Councilman Davis stated he was not at the Planning and Zoning hearing and would have to abstain from the vote because of several questions about the feasibility of this project. An unclear vote of Council was taken. Councilman Davis said after talking with the Reverend Domoneck, he was concerned with the cost and viability of the project and questioned if these concerns were addressed at the public hearing and expressed doubts for completion of the project. After further discussion by other members of Council, another vote was taken on the motion for denial. The ordinance was denied on the motion made by Councilman Smith and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-160 adopting the Land Use Plan for the Charlton-Pollard Neighborhood that addresses land use, transportation systems, parks and open space, business development and housing revitalization was considered. Discussion included the process for central relocation of parks, explanation of a "transition area, traffic flow, high profile community involvement, and public notification as development occurs through signage, community groups and neighborhood associations. Resolution No. 95-160 was approved on a motion made by Councilman Cokinos and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- Resolution No. 95-161 authorizing acquisition of Parcel 39: 0.274 acre of land out of Lot 4, Block 7, Wescalder Fig Acres Addition from Alice McKey Little for the appraised value of $3,800.00; Parcel 42: 0.20 acre of land out of Lots 2 and 3, Block 7, Wescalder Fig Acres Addition from Neseb and Norma Thomas for the appraised value of $12,400.00; Parcel 50: 0.33 acre of land, being all of Lot 21, Frazier Place Addition from John E. and Irma K. Phillips for the appraised value of $58,000.00; and Parcel 51: 0.302 acre of land, being all of Lot 1, Frazier Place Addition from Valerie Anne and Edward Eugene Youngblood for the appraised value of $54,000.00 for improvements to FM 364/Major Drive from Highway 105 to State Highway 124 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None 168 June 27, 1995 f r Resolution No. 95-162 authorizing six-month contracts for road oil for the Streets and Drainage Division of the Public Works Department with Koch Materials for SS-1 and CRS-2 at $.65 per gallon; AES-300 at $70 per gallon and AE-P at $78 per gallon F.O.B. Plantsite and with Dixie Materials for$C-250 at$.78 per gallon F.O.B. Plantsite for an estimated total of$45,700.00 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-163 authorizing an annual contract for various sizes of corrugated polyethylene pipe, couplings and tees for the Streets and Drainage Division from Coburn Supply Co. for an estimated expenditure of $106,700.00 was approved on a motion made by Councilman Cokinos and Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-164 authorizing an annual contract for ready mix concrete for the Streets and Drainage Division and the Water Utilities Department with Transit Mix Concrete and Materials Company at $56.00 per 5 sack cubic yard--add or deduct $4.00 per sack, $20.00 for 1/4-2 cubic yard partial load delivery charge and $10.00 for 2 1/4 - 4 3/4 cubic yard partial load delivery charge was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-165 authorizing a contract with Allco, Inc. in the amount of $1,141,947.00 for Sanitary Sewer System Contract Number Six, Calder Interceptor Rehabilitation (rehabilitation of 8,595 feet of 33" concrete sewer pipe and 460 feet of 10" 12" and 48" concrete pipe severely deteriorated) was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 95-166 accepting the $40,900.00 bid submitted by McCoy Miller Ambulance for furnishing a 1995 cab and chassis, refurbishing an existing ambulance body and installing it on the cab and chassis for use by the Emergency Medical Service Division (EMS) was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem 169 June 27, 1995 Davis. Question: Ayes: All Nayes: None A public hearing was called to consider the twenty-three (23) below listed dilapidated structures to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14- 50: 1057 Ashley, 1059 Ashley, 1063 Ashley and 1075 Ashley - Lemul D. Duncan, owner of structures (24 violations each structure); 2443 Beatrice and 2445 Beatrice - Mrs. Minnie L. Garner, owners of structure (20 violations each structure); 1135 Bolivar - Jeffrey L. Davis, owner (21 violations); 2595 Cable (garage) - Herford Callender c/o Helen C. Wilson, owner (8 violations); 3020 Case - Mickey Phelan, owner (18 violations); 850 Church - Edward E. McCray Et Ux c/o Michael Hart, owner (12 violations); 804 Crockett, 816 Crockett, 826 Crockett and 834 Crockett - Bryan Investments, owner of structures (24 violations each structure); 3093 Dorothy - Margaret Veazie, owner(23 violations); 850 Doucette -Jefferson County, owner (24 violations); 3550 Grand - Luedella Green, owner (25 violations); 1012 Harrison (19 violations) and 1020 Harrison (24 violations) - Leonard Lambright, owner of structures; 4155 Highland (garage) - R. H. Lyle, Jr., owner(7 violations); 1425 M. L. King, Parkway South -James B. Culp, owner (25 violations); 3750 S P Road - Raymond Egland Estate, owner (19 violations); and 3157 Terrell - Joseph Burney, owner (22 violations); Staff recommendation to raze all structures within thirty (30) days. 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 nineteen (19) 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. 880 Arabella, 4307 Avenue A, 720 Avenue B, 3969 Detroit (garage), 145 Fletcher, 1505 Forsythe, 3045 South Fourth, 2315 Irving, 630 Langham, 1493 Louisiana, 1493 Louisiana shed), 2475 McFaddin (garage), 2040 Potts, 1955 Sabine Pass Avenue, 3620 Scranton, 1897 Texas, 245 South Thirteenth, 245 South Thirteenth (rear), and 245 South Thirteenth (shed). There being no one to address Council, the public hearing was closed. Ordinance No. 95-40 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing removal of certain other structures whose owners failed to comply with condemnation orders was considered: 170 June 27, 1995 ORDINANCE NO. 95-40 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. Ordinance No. 95-40 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Councilman Davis said that the opening of the Sterling R. Pruitt Activity Center last week was a momentous occasion for Beaumont and shows the commitment City Council has for development and announced that after today's meeting he will be officially on vacation. Councilmembers Ames and Smith said they will also be on vacation throughout the week of Independence Day. Councilman Patterson thanked Administrative Assistant Kyle Hayes and Public Works Director Tom Warner for prompt attention to complaints she presented on behalf of Ward IV residents, said she attended the dedication of the Sterling R. Pruitt Activity Center and it is a wonderful facility she hopes will be duplicated in other areas of the city, and said she spoke with Staff about rescheduling "Neighbors in the Park," and they have been very cooperative and will reschedule the activity. Mayor Moore agreed that the opening of the Sterling R. Pruitt Activity Center was really a great success, commended Councilman Davis for his comments at the dedication ceremony, said it was good to have Mr. Pruitt's family at the dedication, said the Center may be more often called the Sterling Center rather than the Pruitt Center and complimented the media, Dan Wallach of the Beaumont Enterprise and Channel 12 for good coverage of the event. Mayor Moore commented that hotel rooms were filled last week because of various activities in the area, acknowledged Mr. Rufus Cormier as speaker at the Fourth Mass Reunion of Hebert High School last week and said he will also speak at the "I Have A Dream" program and attend other activities in the city. Mayor Moore said the Reunion was a very nice and well attended affair and said he heard a lot of favorable comments about good changes that are being made in Beaumont. Mayor Moore introduced his friend and Hebert High graduate in the audience, Ms. Lareatha H. Clay, and the president and treasurer of the Pear Orchard Neighborhood Association. 171 June 27, 1995 There being no other business, the regular session of City Council was recessed to reconvene in workshop 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 June 27, 1995. Rosemarie Chiappetta City Clerk 172 June 27, 1995