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Home My WebLink AboutMIN SEP 28 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 28, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of September, 1993, with the following present: HONORABLE: Evelyn M. Lord Mayor Guy N. Goodson Mayor Pro Tem Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I John K. Davis Councilman, Ward III David W. Moore Councilman, Ward Iv Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend James C. LeBlanc, Miracle Deliverance Tabernacle. The Pledge of Allegiance was led by Councilman Alter. -000- Three proclamations were issued: March of Dimes ' "Campaign for Healthier Babies Month in Beaumont; " S. E. Texas Chapter of the American Society of Quality Control 's "National Quality Month in Beaumont" and "National Dental Hygiene Month in Beaumont" - all for October, 1993 . -000- Mayor Lord called an Executive Session in accordance with Section 2 (e) of the Texas Open Meetings Act, to be held immediately following the City Council 's Workshop Session, to discuss contemplated and/or pending litigation on 1) GSU Section 42 Action; 2) Gwen Lewis Gallien vs. City of Beaumont and Roberto Cruz Flores; and 3) Etta Pearl Lewis vs. City of Beaumont, The Port of Beaumont, and Industrial Development Authority. -000- Citizen comments was called on items contained in the Consent Agenda and Main Agenda items Nos. 6 & 7. No one wished to address City Council concerning these items. -240- September 28, 1993 The following items of the Consent Agenda were considered: Approving Minutes of the regular City Council session held 21, 1993 ; Resolution No. 93-244 authorizing Texas Commerce Bank to release securities in the amount of $12,581,766.43 original par value with current market value of $7,278, 179. 00 and pledge securities in the amount of $16, 405, 525. 00 original par value with current market value of $7, 082,410. 25 held as collateral for city deposits; Resolution No. 93-245 authorizing acceptance of the bid of A-1 Guarantee Plumbing at $27, 204. 03 for construction of a water service line replacement in the Pine Crest area; Resolution No. 93-246 authorizing acceptance of the bid of Burt's Inc. , at $17, 726. 00 for fascia and gutter repairs at the Julie Rogers Theatre; and Resolution No. 93-247 authorizing settlement of a claim, Susan Edd vs. City of Beaumont in the amount of $10, 000. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 93-55 approving a Specific Use Permit for property currently zoned GC-MD for 1115 Wescalder Road for operation of a solid waste service by Eastex Waste Systems, Inc. , which would allow construction of a facility for storage, maintenance and washing of a fleet of 12 trucks and solid waste refuse containers, was considered: ORDINANCE NO. 93-55 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE STORAGE, MAINTENANCE AND WASHING OF A FLEET OF TWELVE TRUCKS AND SOLID WASTE REFUSE CONTAINERS FOR THE OPERATION OF A SOLID WASTE SERVICE IN A GC-MD (GENERAL COMMERCIAL MULTIPLE - FAMILY DWELLING) ZONING DISTRICT FOR PROPERTY ENCOMPASSING 2.44 ACRES, MORE OR LESS, BEING THE SOUTHERNMOST AREA OF LOT 6, BLOCK 1, WESCALDER FIG ACRES ADDITION, TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Smith and seconded by Councilman Alter. Question: Ayes: All Nayes• None -241- September 28, 1993 Ordinance No. 93-56 approving a zone change from RCR to GC-MD for property at 2600 Girolamo (requested by Bruce Craig to construct a records management archives facility at the former Washington Elementary School site) was considered: ORDINANCE NO. 93-56 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 RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) TO A GC-MD (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING DISTRICT) FOR 4 . 367 ACRES OF LAND, MORE OR LESS, BEING LOTS 2 AND 11-14, BLOCK 2 , AND LOTS 4-7, BLOCK 3, GIROLAMO ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: Nayes: None -000- Ordinance No. 93-57 authorizing a Specific Use Permit in GC-MD zoning for property at 2600 Girolamo (requested by Bruce Craig for the operation of a records management archive) was considered: ORDINANCE NO. 93-57 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECORDS MANAGEMENT ARCHIVE IN A GC-MD (GENERAL COMMERCIAL MULTIPLE - FAMILY DWELLING) ZONING DISTRICT FOR PROPERTY ENCOMPASSING 4 . 367 ACRES, MORE OR LESS, BEING LOTS 1 AND 11-14, BLOCK 26, AND LOTS 407, BLOCK 3, GIROLAMO ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Question: Ayes: All Nayes• None -000- An ordinance approving a zone change for Block 20 of Arlington Addition (requested by Land Manor, dba The Melton Center, 1785 Washington Boulevard, for construction of a recreation area) was considered: -242- September 28, 1997 AN ORDINANCE 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) TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING- MEDIUM DENSITY) FOR .321 ACRES OF LAND, MORE OR LESS, BEING LOTS 25 AND 26, BLOCK 20 ARLINGTON ADDITION TO 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 Moore and seconded by Councilman Alter. Question: Ayes: Mayor Lord Nayes: Councilman Cokinos Councilman Alter Councilman Smith Abstained: Mayor Pro Tem Councilman Davis Goodson Councilman Moore -000- - motion to deny the request for a specific use permit to Land Manor dba The Melton Center to allow construction of a recreation area at 1785 Washington Boulevard was made by Councilman Smith and seconded by Councilman Alter. Question: Ayes: Mayor Lord Nayes: Councilman Cokinos Councilman Alter Councilman Smith Abstained: Mayor Pro Tem Councilman Davis Goodson Councilman Moore -000- An ordinance approving abandonment of an alley between Lots 1, 2, 25 and 26, Block 20, Arlington Addition (requested by Land Manor, Inc. , dba The Melton Center, for construction of a recreational area for the facility) was considered: AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING AN ALLEY BETWEEN LOTS 1, 2, 25 AND 26, BLOCK 20 OF THE ARLINGTON ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. -243- September 28, 1993 The ordinance was denied on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: Mayor Lord Nayes: Councilman Cokinos Councilman Alter Councilman Smith Abstained: Mayor Pro Tem Councilman Davis Goodson Councilman Moore -000- An ordinance approving a zone change from RM-H to GC-MD at 6150, 6170 and 6190 Calder (requested by Suzanne Finley, Trustee, et al, for possible commercial development) was considered: AN ORDINANCE 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 MULTI-FAMILY DWELLING-HIGHEST DENSITY) TO A GC-MD (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING) DISTRICTS FOR 4. 33 ACRES OF LAND, MORE OR LESS, BEING LOTS 1 AND 2 , BLOCK B, AND LOT 6, BLOCK A, T. H. LANGHAM SUBDIVISION OUT OF THE H. WILLIAMS SURVEY TO 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 Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 93-248 amending the Beaumont Police Officers Association contractual agreement (October 1, 1991 through September 30, 1994) by executing Addendum C, Proficiency Pay Letter of Agreement, allowing for proficiency pay at a rate of $200 per month to sergeants acting in supervisory capacity was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 93-249 accepting the bid of ALSAY, Inc. in the amount of $33, 097.00 for rehabilitation of Loeb Water Well Pump No. 1 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Goodson. Question: Ayes: All Nayes: None -244- September 28, 1993 A Public Hearing was called to consider the eleven (11) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1458 Concord - Dickson Investment Co. c/o William S. Dickson, owner (19 violations) , Staff recommendation to raze within 30 days; 3125 Cooke - Alford Johnson, owner (22 violations) , Staff recommendation to raze within 30 days; 2045 Dexter - Dickson Investment Co. c/o William. S. Dickson, owner (23 violations) , Staff recommendation to raze within 30 days; 3290 Elinor - Martha Traylor, owner (25 violations) , Staff recommendation to raze within 30 days; 2010 Fillmore - Guido E. Hanak, ET UX, c/o H & H Investment, owner (23 violations) , Staff recommendation to raze within 30 days; 3795 Houston (garage apartment) - Emma Lee Deal, owner (20 violations) , Staff recommendation to raze within 30 days; 2860 Orange - Everlina Stevens, owner (-22 violations) , Staff recommendation to raze within 30 days; 1020 Sherman - Mitchell and Barbara Keller, owners (24 violations) , Staff recommendation to raze within 30 days; 1340 Sherman - Lillie M. Young and Margold Crook, owners (24 violations) , Staff recommendation to raze within 30 days; 1148 Vermont - David Eckley, owner (22 violations) , Staff recommendation to raze within 30 days; and 3598 Westmoreland - Pearline Louis, owner (24 violations) , Staff recommendation to raze 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 seven (7) 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. The Community Development Division of the Administrative Services Department is requesting authorization 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: 1655 Bean Court, 1560 E. Gill, 318 LaSalle, 4026 Magnolia, 420 Manning, 4030 Willie Mae and 4040 Willie Mae. Mr. Mike Lockhart, 2040 Bicentennial, attorney representing Mr. and Mrs. Faeydoun Shahrodi, 1225 Wilchester, addressed City Council concerning structures 1635 Bean Court, 1655 Bean Court (included in ordinance for action) , 1520 E. Gill, 1550 E. Gill, 1560 E. Gill and 4026 Magnolia (included in ordinance for action) . Mr. Lockhart told Council that substantial rehabilitation work had been done on the structure at 4026 Magnolia and said that his clients expected to have the structure in compliance with the Minimum Housing Code by October 31st. He requested that they be given a time extension to complete this work. -245- September 28, 1993 A discussion of the structures by City Council members, city staff and Mr. Lockhart revealed the following: 1635 Bean Court - inspection showed substantial rehabilitation, structure removed from list 1655 Bean Court - demolished 1520 E. Gill - question of ownership requires re-notification 1550 E. Gill - demolished 1560 E. Gill - substantially demolished 4026 Magnolia - repairs begun, owner requesting additional 30 days to complete; staff inspection revealed no structural work such as levelling, etc. After further discussion, Councilman Smith made a motion to deny the request for time extension for the rehabilitation of the structure located at 4026 Magnolia; motion to deny was seconded by Councilman Davis. Councilman Cokinos called for roll call vote with oral response by City Council members: Question: Ayes: Mayor Lord Nayes: Mayor Pro Tem Councilman Smith Goodson Councilman Davis Councilman Cokinos Councilman Moore Councilman Alter -000- Ordinance No. 93-58 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders was considered: ORDINANCE NO. 93-58 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. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Davis. Question: Ayes: Mayor Lord Nayes: Councilman Cokinos Mayor Pro Tem Goodson Councilman Alter Councilman Smith Councilman Davis Councilman Moore -246- September 28, 1993 Councilman Alter reminded those present that Fall Sweep is scheduled to begin at 7: 00 a.m. , Saturday, October 2nd, in front of City Hall and urged all to participate. Councilman Davis reported that a meeting was scheduled for today, 7: 30 p.m. at 2410 Victoria, to establish a Neighborhood Association for the Cartwright Addition and invited participation by City Council members and interested citizens. He also told of the North End Neighborhood Association meeting to be held Wednesday, September 29th, at 7: 15 p.m. at St. Piux X Church. Councilman Moore reported that the Pear Orchard Neighborhood Association would meet today, September 28th, at 7: 15 p.m. at Our Mother of Mercy Catholic Church and that the South Park Neighborhood Association will meet at 6: 30 p.m. at the South Park Baptist Church, 795 Woodrow. In addition, Councilman Moore congratulated Mobil Corporation for the "fine family day" at Fair Park Saturday, September 25th, and said that he was asked to judge a variety of good food. Councilman Smith congratulated City Manager Riley for hiring the new public health physician, H. Mark Guidry, M.D. , M.P.H. ; Dr. Guidry's title is Director and Health Authority for the City's Health Department. Mayor Lord reported that she had judged floats at West Brook Senior High School, Monday night and that noisy but fun. She also congratulated Baptist Hospital with the opening of the Ben and Julie Rogers Cancer Center this past week, which was a "very impressive and moving dedication. " In addition, Mayor Lord told of another big opening downtown - Community Bank, saying that "it is good to see that corner lively and occupied with such an attractive building again. " -000- Mr. Frank Baron, 6130 Westgate, addressed Council to complain about speeding vehicles on Westgate between Dowlen and Peyton, especially between the hours of 4: 00 and 7: 00 pm. He also spoke of traffic ignoring signs in the area and several accidents that have occurred. Mr. Jason Marshburn, 7220 Bythewood Road, Lamar University Student Government liaison to the City, addressed Council to question the time and place for the South Park Neighborhood Association meeting saying that several Lamar students were interested in participating. Mr. Henry Dannenbaum, 2880 Grand, again addressed City Council to speak on a variety of matters. -000- City Council recognized Mr. Joe Forkner, Lumberton City Councilman, attending today's meeting. -247- September 28, 1993 There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true and correct copy of the Minutes of the regular City Council session held September 28, 1993 . Rosemarie Chiappetta City Clerk -248- September 28, 1993