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HomeMy WebLinkAboutMIN AUG 15 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 15, 1995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 15th day of August, 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 Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Bruce Booher, Bethlehem Lutheran Church. The Pledge of Allegiance was led by Mayor Moore. -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: Joseph Griffin} Sr. , et al v. City of Beaumont and Juliet Perlstein Simon, et al v City of Beaumont following the workshop session. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1, and 3 through 7. No one wished to address these topics. -000- 204 August 15, 1995 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 1, 1995; Resolution No. 95-196 authorizing execution of a License to Encroach Agreement on a portion of a ten foot utility easement to Mr. and Mrs. Jose Alvarez, owners of Lot 24, Block 33, Dowlen West Addition, Unit XXI, 7035 Glen Willow Drive, to permit encroachment of a swimming pool 1.36 feet for a distance of 8.16 feet and 1.00 foot for a distance of 7.78 feet into the easement; and Resolution No. 95-197 authorizing execution of a Pipeline Crossing Contract with Kansas City Southern Railway Company for installation of approximately 370 feet of storm sewer line with 120 feet constructed on the railroad's right of way at the intersection of Gilbert Street and Holmes Avenue at no charge to the City. 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. 95-45 amending Chapter 26, Section 26-24 of the Code of Ordinances relative to speed limits in school zones by deleting Schedules A through C and replacing them with new Schedules A through E because of recent changes in the Beaumont Independent School District's attendance schedules was considered: ORDINANCE NO. 95-45 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO DELETE THE TIME LIMITS IN SCHOOLS ZONES IN SCHEDULES A, B AND SCHEDULE C AND REPLACE THE SCHEDULES WITH A THROUGH E; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-45 was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tern Ames. Question: Ayes: All Nayes: None -000- 205 August 15, 1995 Ordinance No. 95-46 rezoning a 23.76 acre tract on Dowlen Road from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at the request of Second Century Investments of Plano, Texas, to construct a $14 million shopping center with a recommendation for approval by the Planning Commission was considered: ORDINANCE NO. 95-46 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 RM- H (RESIDENTIAL SINGLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR A 23.76 ACRE TRACT ON DOWLEN ROAD, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Traffic Engineer Jim Cline reviewed a Parkdale Mall Commercial Area Traffic Study prepared by the Public Works Department, Transportation Division. Mr. Cline reported that the traffic impact of the proposed zoning change on the tract near Dowlen/Old Dowlen and the need for roadway improvements in the vicinity of Parkdale Mall are addressed in this report. Based on an analysis of trip generation and intersection operation, the study indicated that the incremental traffic impact of the proposed zoning change, as compared to the existing zoning, is not significant. However, the traffic impact of the pending development in the area is significant, and roadway improvements financed through a combination of City, developer and TxDot funds are warranted. Council discussion and questions included costs to the City, cooperative plans and time frames with TxDot, recommended near-term to long-term roadway improvements, drainage, traffic bottlenecks, types of traffic control, concern about a light at Highway 105 and Dowlen Road, and appearance and buffer zones relative to nearby residents. Ordinance No. 95-46 was approved on a motion made by Councilman Davis and seconded by Mayor Pro Tem Ames. Question: Ayes: Mayor Moore Nayes: Councilman Goodson Mayor Pro Tem Ames Councilman Cokinos Councilman Smith Councilman Davis Councilman Patterson 206 August 15, 1995 Resolution No. 95-198 authorizing one-year contracts through the 1995 HUD Consolidated Grant Program with the Southeast Texas Community Health Clinic in the amount of$15,000 for roof repair of a health facility; the Salvation Army Boy's and Girls Club in the amount of$32,270 to provide after school educational programs; the L. L. Melton (YMCA) Center in the amount of $32,270 for renovations for handicapped accessibility and multi-purpose use; Habitat for Humanity in the amount of$46,100 for construction assistance for three (3) homes in the Charlton- Pollard neighborhood; The Art Studio in the amount of $40,100 to comply with ADA and code requirements; the Police Activities League in the amount of $21,200 for equipment, fees and administration for an athletic and educational program; Build, Inc./Beaumont Main Street in the amount of$23,050 for operational costs for an agency instrumental in Downtown revitalization; and the Youth Rescue Mission in the amount of$60,000 for renovations to comply with code and ADA regulations to operate an emergency shelter for homeless children; for a total of$270,140 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-199 authorizing a one-year capital improvements contract with the Downtown YWCA in the amount of$50,000 for completing ADA requirements and building code rehabilitation to a historical structure that will house battered women and children was approved on a motion made Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-200 authorizing a contract with APAC-Texas, Inc. in the amount of $1,624,734.81 for construction of the 1995 Street Rehabilitation Program was introduced. Councilman Cokinos asked if the contract could be split or shared between APAC-Texas, Inc. and the second low bidder($1,692,900.03), Bo-Mac Contractors, Inc., and the City Manager explained the bid process and specifications that prohibit splitting this kind of bid. Council questioned the start and finish dates of the project. Resolution No. 95-200 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: Mayor Moore Nayes: Councilman Cokinos Mayor Pro Tem Ames Councilman Smith Councilman Goodson Councilman Davis Councilman Patterson 207 August 15, 1995 Resolution No. 95-201 authorizing a contract with Norman Highway Constructors, Inc. in the amount of$8,200,817.98 for the West Lucas Widening Project was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 95-202 acknowledging receipt of the proposed FY 1996 Budget and scheduling a public hearing to be held at 1:30 p.m. on September 5, 1995, in the City Council Chambers on the proposed budget and Capital Program as presented was approved on motion made by Councilman Davis and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the twenty-one (21) below listed dilapidated structures to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14- 50: 210 Alabama--Front (20 violations) and 210 Alabama--Garage Apt. (17 violations) - Barry Boecher, owner of both structures; 250 E. Delaware -Thelma and Eddie Lightfoot Estate, owner (25 violations); 2075 E. Delaware - Grace Boudry, owner (19 violations); 1497 Elgie Gwendolyn M. Deal, owner (24 violations); 312C Elinor - Bill Gewin, owner (22 violations); 2444 Harriot and 2464 Harriot - Alvin G. Randolph, owner both structures (21 violations each structure); 2040 He ele - Jim Charles (20 violations); 11260 Hodge Road - Glen David Gray Et Ux, owner (24 violations); 11290 Hodge Road - H. H. Houseman c/o Gloria Harvey, owner (24 violations); 3760 Houston - Bernice Hebert, owner(24 violations) 3975 Johnstown - Felix Haynes, Jr. and Albert K. Haynes, owners (24 violations); 2750 E. Lucas - Bernice H. Mott, owner (17 violations); 952 M. L. King North ParkwaX- Betty Beathard Farha Estate, owner(18 violations); 892 North (Apartments) - Frank Edward Smith and Lester C. Smith, owners (22 violations); 3990 Parish - Lula Faye Coleman, owner(16 violations); 3540 Preston -Adam Coward, owner(25 violations); 3065 Renaud and 3085 Renaud - Isaac J. Barton Et Ux, owner of both structures (21 violations each structure); and 790 Wiess - Odessa M. Coleman c/o Beatrice Richmond Estate, owner (14 violations); Staff recommendation to raze each structure within 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 twenty-three (23) 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 208 August 15, 1995 Ordinance and charge the property owners with the cost of demolition. 2443 Beatrice, 2445 Beatrice, 1135 Bolivar, 2020 Cable, 2595 Cable (Garage), 850 Church, 804 Crockett, 816 Crockett, 826 Crockett, 834 Crockett, 3093 Dorothy, 2026 Earl, 3550 Grand, 1012 Harrison, 1020 Harrison, 2280 Hemlock, 4155 Highland (Garage), 1425 M. L. King Parkway South, 7675 San Bruno, 3750 S P Road, 2020 Toledo, 766 Trinity, and 770 Wall. There being no one to address Council regarding these structures, the public hearing was closed. Ordinance No. 95-47 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: ORDINANCE NO. 95-47 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCE AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. Ordinance No. 95-47 was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Councilman Ames noted that the structure at 870 Central Drive was not on the dilapidated structure list today and questioned the status. Councilman Davis complimented Mayor Moore and Councilman Patterson for their participation in handling of the incident that occurred recently resulting in arrests of several young people on Fourth Street, said they displayed tremendous leadership, complimented Chief Scofield, said even though the situation is not completely resolved, he wanted to compliment their actions thus far. Councilman Patterson thanked residents of South Park for attending Council, extended an invitation to attend her Operation One-Vote Planning Meeting tonight at 7:00 p.m. at the Masonic Temple on the corner of South Fifth Street and Washington Boulevard. Mayor Moore congratulated Mobil Oil and Mobil Chemical Companies for their announcement 209 August 15, 1995 today of expansion of their operations that will result in approximately 600 construction jobs and several permanent positions and thanked them for the confidence they have in Southeast Texas to bring that new operation here. Also, Mayor Moore thanked all of Council for allowing him to call a meeting that could not include total Council participation because of meeting posting guidelines to discuss the recent arrests on Fourth Street with those directly involved. He said it gave opportunity for honest dialogue in a timely manner, said the community appreciated the prompt response, a lot of misunderstandings have been cleared up, the matter is still being worked on, and he thanked Staff for their assistance. -000- Mr. Raymond Chaisson, 1130 Lamar Street, addressed Council to complain about lack of trash pickup in his neighborhood compared to other areas, said a double standard is practiced by the City, and said the City is quick to send out violation notices. Mr. Chaisson was advised to give the information to Staff for investigation. Mrs. Delores Davis, representing the Youth Rescue Mission at 1930 Franklin, addressed Council to express appreciation for approval today of funding for their operation and asked for assistance in dealing with drugs, gangs and prostitution in the Mission neighborhood. Mrs. Davis claimed that the Alamo is considered a "crack motel," said a man named "Snake" stands on the corner hollering at the kids at the Mission and solicits the girls to become prostitutes. She said the crack house activities are a bad influence on the students that pass by them as they walk to the neighborhood elementary and junior high schools. Mrs. Davis said the Police Department regularly conducts raids and commended their efforts, but said she is going to engage in an all-out effort to rid the streets of these activities. Mayor Moore told Mrs. Davis to continue making the Police Department aware of the problems, but to take caution and allow the Police officers to confront the problems with enforcement. Mr. Buddy Hebert, 295 North Parkway Drive, addressed Council to encourage them to drive through neighborhoods taking note of dilapidated structures, trash that needs to be picked up, street lights burned out, dark areas that need lighting, young children, under ten, riding bicycles at night with no lights and blind corners created by shrubbery. Mr. Hebert encouraged support of neighborhood associations, thanked Mayor Moore for his assistance with establishing the South Park Neighborhood Association, said he has completed the Citizens On Patrol program, encouraged others to participate, said riding with the Police one evening was the most education part of the program and advocated support of the Police Department. Also, Mr. Hebert cautioned that before establishing a Citizen Review Board as has been suggested, Council should survey cities that have the board in place to get views on the advantages and disadvantages and not "put our head in a noose and hang ourselves." He suggested that possibly the young people that were arrested on Fourth Street that had no previous arrests be given a one-year probation and the charge dropped from their record if they are not arrested in that time frame, but punish those that are guilty. 210 August 15, 1995 Mr. Benny Mendoza, 5655 South Kenneth, addressed Council regarding cleaning of ditches and flooding problems, complained about automobiles stopping their vehicles on Park Street to talk and interfering with passage of traffic, spoke about bicyclists not adhering to traffic rules, and commented about the congestion of parked vehicles on Fourth Street near College. Mr. Roberto Flores, Jr., 730 Central Street, addressed Council to commend Mayor Moore and Council for leadership displayed in the wake of public outcry concerning the recent mass arrests, and said that as a citizen and police officer, appreciates Council's desire for open communication for an amicable resolution, but asked that they proceed with caution. He said the accusations that have been lodged merit a thorough and fair investigation, said the Detectives of the Internal Affairs Division have knowledge, experience and integrity to perform the task and premature for anyone to draw conclusions and demand concessions before all facts are revealed. Officer Flores asked for support of the men and women who perform their duties daily ranging from the mundane to the dangerous and unpleasant in a professional manner serving the citizens of Beaumont. Mr. Roberto Flores, Sr. 2425 Buchanan, addressed Council to review the changes in his neighborhood during the past twenty years. He said his home is now"in the middle of a war zone," said there is loud music that emanates from other homes, when neighbors have parties, they trespass on other property, use unacceptable language, and in retaliation for objecting to this behavior and calling the Police, throw blocks of cement at one's residence and steal lawn equipment. Mr. Flores told of two elderly gentlemen who have been honored by the Clean Community Commission for the care given to their home and yard and now have their windows and doors barred and are fearful of their neighborhood. Also, Mr. Flores admonished Council to look beyond the bounds of their particular Ward and make decisions for the whole city, address issues fairly regardless of one's stature in life, the community in which you live or the color of skin.. Mrs. Jane Hebert, 295 Parkway Drive, addressed Council in support of police officers, said she and her husband listen to a scanner and are amazed at what happens daily, spoke of the success of the South Park Neighborhood Association, said she is grateful for the Police Department's participation in their Association, commented that as a member of Citizens On Patrol has been disheartened to witness youth in large groups roaming the streets at 10:30 and 11:00 p.m. and feels this is a witness of lack of concern and discipline by parents. Mrs. Hebert said that while riding with a police officer recently experience the verbal abuse they receive, not only from violators they stop, but from the violator's family and friends. and encouraged standing behind the police officers, work with them instead of condemning them. Mr. Hoke Peacock, 110 East Caldwood, on behalf of his client, Second Century, expressed appreciation for the zoning change on Dowlen Road and complimented the City for they way the Fourth Street incident was handles and said it is an example of how the elected officials of Beaumont can respond to these kind of problems and evidence of working together in making Beaumont a successful community. 211 August 15, 1995 Mr. Anthony "Tony" Sacker, 4635 Elmherst, addressed Council to complain that it is difficult to identify votes on issues, suggested a hand vote and questioned when the Mayor votes. Ms. Thelma Mayfield, 2190 Basin Street, Virginia Estates, addressed Council to state that she is a police volunteer and has studied with the police in the academy and promotes youth working with the police. Ms. Mayfield said that when she returned from vacation she heard of the incident in the park and asked what charges were filed against the young people. Mayor Moore advised Ms. Mayfield that no one was arrested in the park; the concern was trespassing at businesses on Fourth Street, congestion on Fourth Street, blocking exits to homes. Mayor Moore reiterated that the park is not the issue, young people are not forced to leave the park, the park is open until midnight and the only time access is prohibited is when the parking lot had too many cars to accept any others. Ms. Mayfield added that children copy adults, said parks are built to provide a place for them to gather and said her impression of the incident is that children of color were targeted, but hopes that she heard wrong. Mrs. Pat Henderson, 970 Saxe, addressed Council to express appreciation for prompt reaction to Councilman Patterson's and the Sclath Park Neighborhood Association's proposal for possible placement of the South Park Relief Drainage Project in the 1996 CIP budget, introduced Ms. Elsie Edward who lives on Ogden between Threadneedle and Giles and whose home has repeatedly been flooded. Ms. Henderson thanked City Staff for attention to the immediate problems near Ms. Edward's home and questioned progress of unstopping the drain down Threadneedle. Mrs. Delores Davis, 1930 Franklin, again addressed Council to comment on the Fourth Street incident and express her opinion that the issue is not about color, but a matter of law. She said that law has to take precedence over color, creed, religion or whatever to provide citizen protection. Mayor Moore thanked citizens for their comments, and said this Council is trying to be as objective and sensitive as possible to all issues and the further we can get away from pronouncing every factor as an issue, the quicker a resolution to the concerns. He said there is room for improvement, encouraged community involvement, asked that we not lose focus on the progress that has been made, encouraged more participation in the Citizens on Patrol project and more activity in neighborhood associations. Mayor Moore said that he must state that we have made tremendous progress as a community; we have opened more parks in the last three or four years on this City Council than a lot of cities have probably in the last ten years, said a lot of effort has been made to enhance the quality of life in every area of the city, not in just one community. He said this Council works extremely hard to creatq equity and promote balance and solicited the same efforts from the citizenry, said that can be accomplished by focusing on problems being right or being wrong, said diversity should be a theme to enjoy and not a card to play to gain a result and in doing that, we will become a better community. -000- 212 August 15, 1995 There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- 1, Barbara Liming, Deputy 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 15, 1995. Barbara Liming Deputy City Clerk 213 August 15, 1995