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HomeMy WebLinkAboutMIN OCT 24 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 24, 1995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 24th day of October, 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 Don Frank. The Pledge of Allegiance was led by Councilman Cokinos and Fire Chief Pete Shelton. -000- Mr. Tim Roseborough, Area Director for the United Negro College Fund, announced that the Golden Triangle UNCF Walk-a-Thon will be held Saturday, October 28, 1995 at Riverfront Park beginning at 8:00 a.m. Mr. Roseborough said that Olympic Gold Medal Athlete World Record Holder Carl Lewis will participate in the six-mile walk and will be available to sign autographs, invited everyone to join in for a day of good family activity and presented tee shirts with the UNCF logo to Councilmembers. -000- Mayor Moore recognized former BISD Trustee Mr. George Hudsbeth's presence and invited him to share an endeavor in which he is involved. Mr. Hudsbeth said that next Tuesday, October 31 st, 286 October 24, 1995 i the Beaumont Public School Foundation will host its third breakfast at Crazy Jose's Restaurant to raise funds to provide endowments for teachers with innovative ideas for class projects that are not budgeted and grants for students working on special research projects. Mr. Hudsbeth said their goal is to raise $10,000 this year. -000- Two Proclamations were issued: "Make a Difference Day," (recognizing volunteerism) October 28, 1995; and "National Catholic Daughters of Americas Day," October 15, 1995. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 3 through 9. 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 October 10, 1995; Resolution No. 95-282 appointing Wayne Moncla to the Airport Advisory Committee, Charles W. Chestnut to the Rehabilitation Board of Adjustments and Appeals, Chris W. Busch, Jack Alldredge and Jeffrey York to the Community Development Advisory Committee for terms expiring October 23, 1997; Charles H. Thompson to the Electrical Board of Review for a term expiring October 23, 1998; and Kathryn Walker to the Transit Advisory Committee for a term expiring October 23, 1997; Resolution No. 95-283 waiving weed and trash liens against property described as Lot 4, Block 16, Blanchette II Addition in the amount of $1,325.37 being acquired by the Beaumont Independent School District as part of its bond issue construction project to renovate and expand the Dr. Martin Luther King, Jr. Middle School; Resolution No. 95-284 accepting Street and Storm Sewer Improvements: Brewton Circle from existing Regina Lane approximately 549 feet north to and including cul-de-sac, Savannah Trace from existing Regina Lane approximately 197 feet north to 3-OM-4P markers, and Chatom Trace from proposed Savannah Trace approximately 421 feet east to and including the cul-de-sac; and Water and Sanitary Improvements: Lots 1-14, Block 1 and Lots 1-9, Block 2, constructed in Ashton, Phase 2, and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of streetlights; and 287 October 24, 1995 Resolution No. 95-285 authorizing acquisition of Parcel 172: Lot 6, Block 8, Leonard Addition (915 Schwarner Street)for the appraised value of$2,500.00; Parcel 178: Lot 1, Block 8, Leonard Addition (1073 Schwarner Street) for the appraised value of$3,000.00; Parcel 182: Tract 78, City Plat G (2020 Poplar Street) for the appraised value of$2,500.00; and Parcel 183: Lot 8, Block 3, Flowers Addition (2045 Sabine Pass)for the appraised value of$2,800.00; from Guy Albert Jones and Robert T. Jones, owners of all four parcels, for the Charlton Pollard Neighborhood Revitalization Project, Phase I. The Consent Agenda was approved on a motion made by Mayor Pro Tem Ames and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 95-64 authorizing a Specific Use Permit to allow a one-chair barbershop within the residence in an RCR district at 1511 Wall Street at the request of Mr. Augustine R. Meza with a recommendation from the Planning Director that the parking lot be extended and construction of a privacy fence was considered: ORDINANCE NO. 95-64 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ONE-CHAIR BARBERSHOP TO BE LOCATED WITHIN A RESIDENCE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-64 was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 95-65 authorizing an 18-month extension of time to the Specific Use Permit granted the Dowlen Development Company by Ordinance 93-61 on January 5, 1993, for construction of office buildings on 7.92 acres on Dowlen Road was considered: 288 October 24, 1995 ORDINANCE NO. 95-65 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 93-61 TO ALLOW AN EIGHTEEN (18) MONTH EXTENSION FOR DEVELOPMENT OF THE AREA DESIGNATED AS AREA "A" IN THE SPECIFIC USE PERMIT GRANTED BY SAID ORDINANCE. Ordinance No. 95-65 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 95-66 establishing a Municipal Court Security Fund that would allow collection of $3.00 from each misdemeanor offense conviction to be used for purposes that include various security services and employments of bailiffs was considered: ORDINANCE NO. 95-66 ENTITLED AN ORDINANCE ESTABLISHING A MUNICIPAL COURT BUILDING SECURITY FUND AND AUTHORIZING THE COLLECTION OF A SECURITY FEE FROM PERSONS CONVICTED IN MUNICIPAL COURT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-66 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 95-67 amending Section 26-24 of the Code of Ordinances to lengthen two existing school zones and implement a new one was considered: ORDINANCE NO. 95-67 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND SCHEDULES A AND B IN SCHOOL ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AN PROVIDING A PENALTY. 289 October 24, 1995 Ordinance No. 95-67 was approved on a motion made by Councilman Cokinos and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- Resolution No. 95-286 authorizing purchase of computer hardware, software and services for upgrade of the Management Information Information Systems (MIS) Division's AS/400 from International Business Machine (IBM) Corporation in the amount of$182,529.00 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-287 authorizing acquisition of Parcel 106 A and 106 B: 0.6416 of an acre tract of land out of Laurel Heights Addition (3650 Laurel Avenue) for the negotiated value of $114,866.00 from Doctors L. Scott Wallace, James W. Shuffield, Jr., Jack G. McNeill, Thomas M. Smith, John T. Taylor, Jerry D. Clark, E. Szalay and David D. Teuscher, owners, for improvements to the Liberty-Laurel Corridor from Eleventh Street to Phelan, authorizing a Lease Agreement of Parcel 106 A with the current owners for a fee of $1.00 per year until such time as the property is needed for the second phase of the project, and authorizing a License to Encroach on a portion of land situated to the north of their property that is City right-of-way that is presently fenced and has parking spaces was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-288 authorizing execution of a one (1) year renewal contract with Carolyn Chaney to provide services as the City of Beaumont's Washington assistant effective November 1, 1995 through October 31, 1996 at a cost of $48,234.12 plus reimbursable expenses not to exceed $4,000.00 per annum was considered. Councilman Cokinos voiced disapproval of renewal of the contract stating that Beaumont has enough clout with elected officials to receive the same information provided by Ms. Chaney, said the City does not need to expend monies for this service and complained that she serves other cities than Beaumont. Councilman Davis expressed appreciation for Ms. Chaney, but said he has very specific questions regarding the contract because citizens have asked for direct qualification of the services she provides and suggested that Ms. Chaney come to Beaumont at least yearly to outline prospective 290 October 24, 1995 services and opportunities she may be able to provide Beaumont. Other comments by Councilman Davis included an inquiry about Ms. Chaney's relationship with our congressmen and and identification of specific programs before lending support to renewal of her contract. Councilman Smith spoke in support of Ms. Chaney and enumerated the kinds of funding she has alerted the City about that includes the Homeless Shelter and the Community Policing Program. Also, Councilman Smith said that as complicated as the federal government is, our elected congressmen cannot give the individual attention that we need, said we would not be receiving almost $800,000 this year, if Ms. Chaney had not pursued qualifying information for participation in the programs, and said Ms. Chaney represents other cities in addition to Beaumont because the $50,000 fee we pay would not be enough to allow her to be employ the necessary staff. Councilman Goodson commented about the federal agenda that must be addressed, said the issue to him is one of performance and proposed that Ms. Chaney visit Council, elevate the contract to include performance criteria, even before renewal of this contract, and schedule renewal of her contract at a time when other consultants contract are being considered. Councilman Goodson added that he believes the City has substantially benefited from Ms. Chaney's services, said that on transportation projects, highway projects, CDBG projects and HUD projects, Ms. Chaney has been materially helpful in getting through gridlock in Washington, D. C. The City Manager reported that Ms. Chaney asked to come to Beaumont in late September or the first part of October, but because of budget matters at that time and the renewal date of her contract, he encouraged a visit at the beginning of the contract period to establish and review her work plan for the coming year. Mr. Riley said that according to Council comment, it might be appropriate to extend her contract for a 60-day period and invite Ms. Chaney to Beaumont. Other comments included newsletter communication from Ms. Chaney being reproduced for Council on a timely basis, her assistance with the Triangle Aids Network grant, the Community Policing Program, the Crime Bill, and arranging meetings with various departments and Washington personnel. Resolution No. 95-288 was amended to extend the current contract with Carolyn Chaney until November 30, 1995 with a stipulation that she visit Beaumont, address the concerns of Council and review the total contract and was approved on a motion made by Councilman Goodson and seconded by Councilman Davis. Question: Ayes: Mayor Moore Nayes: Councilman Mayor Pro Tem Ames Cokinos Councilman Smith Councilman Goodson Councilman Davis Councilman Patterson 291 October 24, 1995 Resolution No. 95-289 authorizing and directing the City Manager to cast the City of Beaumont's 433 allocated votes for C. L. Sherman to become a member of the Jefferson County Appraisal District Board was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 95-290 authorizing an addendum to the current In Lieu Agreement with Mobil Oil Corporation that says any exemptions from ad valorem taxes which might otherwise apply under the terms of the Foreign Trade Zone Act (Mobil has applied for a foreign trade zone subzone grant) will not affect the assessed value to determine payments made to the City was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the forty-two (42) below listed dilapidated structures to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3982 Adilade - Risley Lewis and Joseph Sonnier, owners (25 violations); 5120 Bigner Road - Purley R. Watts (21 violations); 4540 Brandon (22 violations) and 4542 Brandon--garage apartment (21 violations) - Oscar F. Barton, ET UX, owner; 1310 Broadway - Bobby Morgan ET UX, owner(22 violations); 9565 Calder - Ray Gonzales, owner (24 violations); 875 Corley - Willie R. Thomas, owner(24 violations); 2470 East Delaware - Jewel Lyons, owner (18 violations); 4160 Ector- Lyndon M. Duchamp, owner(14 violations); 1407 Emile -Jimmie Lee Harding ET UX, owner (25 violations); 2645 Euclid -Virginia Mayes c/o Samuel Mayes, owner (24 violations); 2845 Euclid (commercial) - Bernard F. And Keely Schoenberg, owner (22 violations); 9705 Faggard Road - Clara A. Holland c/o Robert L. Brooks, owner (22 violations); 3155 S. 4th (25 violations) and 3155 S. 4th (12 violations); - Bernard F. and Keely Schoenberg, owners; 3590 Goliad - Hilda and John Scott, Jr. (24 violations); 655 Harriot-J. J. Welch d/o W. G. Meadows, owner (24 violations); 2335 Hemlock - Linda Matthews, owner (23 violations); 1475 West Highland Drive - Jerry L. Stanley, owner (22 violations); 3105 Houston (15 violations) and 3125 Houston (16 violations) - Sybil Gayles c/o Delores Giles, owner; 4035 Houston - Robert Lee Forward, owner (14 violations); 804 Isla - John and Frankie DeYoung, owners (21 violations); 3975 Kenneth - Corey Jolivet, owner (25 violations; 1219-25 Laurel - Linda King, owner (20 violations); 2250 Laurel - Pete Chefchis Estate, owner(23 violations); 1196 Long -Aifemg Yin, owner (23 violations); 1963-65 Nora - Dolores Giles, owner(24 violations); 1801 011ie, garage apt. - Raymond Egland, owner (11 violations); 2305 Pear - Private National Mortgage Assoc., Inc., owner (21 violations); 455 Pollard - Bob Adams, owner (25 violations); 2108 Pope -Terry Samuel c/o TJC Investments, owner (17 violations) 1655 Port - Carla R. McBride, owner (18 violations); 1815 Prairie - Martin M. Porter Et Ux, owner (16 violations); 3028 Rockwell - Marie Kuritz, owner (23 violations); 2165 Sabine Pass Avenue - George Hunter, Jr., owner (23 violations); 3910 Scranton - Evelyn Collins, owner (24 violations); 292 October 24, 1995 4165 Steelton - Eugene L. Crosland, owner (25 violations); 1525 Texas - Mary Monette c/o Virginia Monette, owner (24 violations); 3650 Waco, rear - William A. Bailey, Sr., owner (21 violations); 3240 Westmoreland - Edward Anderson, owner (24 violations); and 4945 Wilshire - John Reyes c/o Marcie Reyes, owner (25 violations); Staff recommendation to raze each above listed 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-four (24) 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: 210 Alabama (front), 210 Alabama (garage apt.), 2898 Avenue F, 755 Cuniff, 250 E. Delaware, 2075 E. Delaware, 1497 EIgie, 3120 Elinor, 2444 Harriot, 2464 Harriot (rear), 2040 Hegele, 11260 Hodge Road, 11290 Hodge Road, 3975 Johnstown, 952 M. L. King N. Pkwy/., 2750 E. Lucas, 892 North, (apts.), 3990 Parish, 3540 Preston, 3065 Renaud, 3085 Renaud, 2435 Rockwell; 3157 Terrell, and 790 Wiess (commercial). Mr. Lester Smith, owner of the structure at 892 North (apartments), addressed Council to request up to six (6) months additional time to sell the property to prospective buyers or to raze the structure if the sale is not finalized. Council reviewed Mr. Smith's options, dilapidated structure process requirements if property sold and a reasonable extension of time to allow Mr. Smith to complete a plan. Ms. Marie Kuritz, Houston, Texas, owner of the property at 3028 Rockwell, addressed Council to explain that arrangements were made this morning to donate the property to a gentleman who wants to rehabilitate the structure for his personal residence and requested an extension of time. There being no one else to address Council regarding these structures, the public hearing was closed. Ordinance No. 95-68 declaring certain dilapidated structures to be public nuisances and ordering their removal by the owners and authorizing removal of certain other structures whose owners failed to comply with condemnation orders was considered: 293 October 24, 1995 ORDINANCE NO. 95-68 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. 95-68 amended to order that the owner or owners of the building at 3028 Rockwell either demolish, repair or initiate a work program for repair of the structure with ninety (90) days of the effective days of this ordinance and remove the structure at 892 North from the list of structures to be razed and suspend condemnation action for ninty (90) days was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Councilman Goodson asked for a report from Staff regarding the status of the structure at 870 Central Drive, said that he has received calls from concerned neighbors and has seen no rehabilitation progress when he has driven by the building. Also, Councilman Goodson suggested that perhaps it would be timely to review the Planning and Zoning Ordinance with the change of many arterial streets, referred to the recent development on College Street where major commercial or industrial uses are very close to residential neighborhoods and mentioned clarification of classifications and a report of ads in the newspaper for dancers that may in violation of the Code. Councilman Smith said that enforcing Codes and Zoning Ordinances are difficult, spoke of problems in the Old Town area of businesses being established without a Specific Use Permit, spoke of a lot in the 2200 block of McFaddin listed for sale as a commercial lot that is RCR in the historic district and suggested possibility of attaching certain fines for violation and an effort to better educate the public about zoning. Councilman Davis said the residents at 1060 South 4th Street, BCD Driving School, have complained about a water problem in the sewers, asked for a timetable for members of The Heart of the City Neighborhood Association regarding Orange Street and asked for a report of the Northend Library progress. Councilman Patterson asked that Staff continue dialogue with Kansas City Southern Railway regarding repairs of the railroad crossing at Florida and reminded everyone that early voting is in progress until November 3 for the November 7th election for fourteen (14) Constitutional Amendments. 294 October 24, 1995 Councilman Cokinos added that there is some working in progress for the dilapidated structure at 870 Central, but one of the workers is sleeping in his truck at night and causing concern for one of the residents and questioned possible responses to the concern. Mayor Moore reported successful ventures with the I Have A Dream Program and a most successful Walk-A-Thon with world famous auto racer Mario Andretti participating, congratulated Girls Haven for a successful endeavor Sunday morning at Gladys City where he served as a judge tasting seventeen (17) different gumbo dishes, also mentioned the five-mile Crop Walk Against Hunger held Sunday, congratulated the South Park Neighborhood Association for beautification of the South Park Community Triangle, and asked Staff for an update of the City's tree cutting policy because of the number of calls he has received. -000- Ms. Lin Marie Garsee, 1725 Park Street, addressed Council regarding dues charged by the Salvation Army for the Boys' Club, the need for an organization for the boys in her neighborhood, grant monies supporting the Salvation Army and her unsuccessful attempts in reaching administration officials at the Salvation Army. Mayor Moore explained that grants were given to the Salvation Army through the McKinney Fund to assist the homeless and for a summer day camp operation and suggested Ms. Garsee speak with a Salvation Army Board member about her concerns. Mr. Robert Preston, 1190 Iowa, addressed Council to complain about lack of response to his telephone calls, lack of processing his complaints to the Police Department, discussed gang violence and marijuana, and a pending lawsuit against him. The Reverend Timothy Hunley, 1690 LaSalle Street, complimented Council for improvements to the appearance of the main streets of the city, but complained about the cross streets that have cans and paper in the ditches necessitating digging occasionally, suggested using labor from the correctional institutions to clean the litter and lessen the need for digging the ditches, suggested fiberglass be placed over swimming pools for the protection of children again skin cancer, commented about the increased value of newsprint and other recyclables and applying some of the City's profits made by the sales to citizen's utility bills and discussed owners of vacant land be assessed a fine to the point of sale of the land for uncleaned property. Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to express appreciation for the Community Block Grant funds that assisted with beautification of the South Park Community Triangle, extended an invitation to the South Park Neighborhood Association meeting Thursday evening, reported that 38 participants graduated from the Citizens on Patrol Training School, thanked Councilman Davis for his attendance and interest in this endeavor, shared copies of report 295 October 24, 1995 summaries of Police calls dispatched during September in each Ward. Councilman Davis thanked Mr. DeMary for his involvement in the community and commented that "he must be Beaumont's main volunteer because he shows up everywhere. " Mr. Buddy Hebert, 295 Parkway, addressed Council to compliment the dilapidated structure program, Councilman Patterson for her efforts in getting the railroad crossing, complained about 18-wheel tankers parking in residential areas in South Park, thanked Lynn DeMary and Wayne Braden for compiling all the statistics in the Citizens on Patrol report, discussed the COP program and classes, spoke of sponsors and donors for additional equipment. Ms. Pat Foutz, a volunteer at the Sterling Pruitt Activity Center, addressed Council to complain about approved programs being discontinued such as the sewing classes and piano lessons for young adults and adults. She said ten (10) sewing machines were purchased and fabric donated and when the fall program was established, adults were denied admittance even though the young adults chose not to attend. Ms. Foutz claimed the Center should serve the whole family and encourage family activities and discussed treatment of the volunteers and their hours. Councilman Davis told Ms. Foutz that her concerns have been conveyed to the City Manager for investigation and possible future recommendations or explanation. Mayor Moore added that promotion of family activities is encouraged, and that when he has been at the Pruitt Center, he was amazed at the number of adults participating in classes along with their children. -000- There being no other business, the regular session of City Council was adjourned. -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 October 10, 1995. Barbara Liming Deputy City Clerk 296 October 24, 1995