HomeMy WebLinkAboutMIN MAY 22 2001 M I N U T E S - CITY OF BEAUMONT
Lulu L. Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern
Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames
Bobbie J. Patterson May 22, 2001 Audwin Samuel
Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Barbara Liming, City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on May 22, 2001, at
the City Hall Council Chambers, 801 Main Street, Beaumont,Texas, at 1:30 p.m.to consider the
following:
OPENING
Invocation Pledge of Allegiance Roll Call
Mayor Pro Tem Goodson called the meeting to order at 1:35 p.m. The Reverend Fred Kelm,
Redeemer Lutheran Church, gave the invocation and led the pledge of allegiance.
Present at the meeting were: Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames,
Samuel (arrived at 1:36 p.m.), and Patterson. Mayor Moore and Councilmember Smith were
absent. (Mayor Moore at a National Conference of Mayors and Councilmember Smith in
Houston.) Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney;
and Barbara Liming, City Clerk.
Presentation and Recognitions
One proclamation was issued: "Hurricane Awareness Week," May 21 - 25, 2001.
Public Comment: - Persons may speak on scheduled agenda item 3. No one wished to
address this item or the Consent Agenda.
Consent Agenda
Approval of the minutes of the regular meetings held May 1, 2001 and May 8, 2001, and
the Budget Summit held May 15, 2001
Confirmation of committee appointments - Annella Metoyer, Community Development
Advisory Committee, a term expiring May 21, 2003 - Resolution No. 01-114
A) Approve a (five-year) contract (with Tri-Con, Inc. for an annual estimated expenditure of
$125,000) for the purchase of regular unleaded gasoline and No. 2 diesel fuel -
Resolution No. 01-115
B) Authorize an application for and acceptance of supplemental grants for the 2001 grant
year for the Southeast Texas Auto Theft Task Force - Resolution No. 01-116
C) Approve an amendment of Resolution No. 01-099 authorizing the application for and
acceptance of available grant funds for the Southeast Texas Auto Theft Task Force FY
2002 Grant - Resolution No. 01-117
D) Approve the purchase of one 14 cubic yard dump truck (from IH Truck Sales in the
amount of$83,287.08) for the Water Utilities Division - Resolution No. 01-118
E) Approve the purchase of one tractor (from Rush Equipment Center in the amount of
$64,695) for the Streets and Drainage Division - Resolution No. 01-119
F) Approve a contract(with Lark Enterprises for $22,400) for the asbestos abatement and
demolition of a structure located at 706 Wall Street - Resolution No. 01-120
G) Approve the payment of an invoice (to Waukesha-Pearce Industries, Inc. in the amount
of $17,470.90) for repairs to an excavator used at the Landfill - Resolution No. 01-121
H) Approve the purchase of three excavators (from CLM Equipment Co., Inc. in the amount
of$134,700) for the Water Utilities Division - Resolution No. 01-122
1) Approve the purchase of two tractors with front end loaders and rear mounted backhoes
(from Oil City Tractors, Inc. in the amount of $96,780) for the Water Utilities Division -
Resolution No. 01-123
J) Approve the awarding of a bid for a 680-foot horizontal directional bore (to J & D
Construction with an estimated expenditure of $35,700) for the installation of a 16-inch
water line casing - Resolution No. 01-124
K) Approve the purchase of one diesel powered cab and chassis equipped with a jet rodder
body (from Kinloch Equipment & Supply, Inc. in the amount of $57,933) for the Water
Utilities Division - Resolution No. 01-125
L) Approve the purchase of two refuse collection trucks (from Philpott Ford in the total
amount of$131,932) for the Clean Community Department - Resolution No. 01-126
M) Approve a contract (with Epixtech, Inc. in the amount of$49,590 with annual payments
in the amount of $23,790 for the second and third year) for an Integrated Library
Automation System - Resolution No. 01-127
N) Authorize the execution of a deed conveying property (0.2790 acre tract out of Tract 92,
Plat F of the David Brown League, Abstract 5) to the Charlton-Pollard Neighborhood
Association, Inc. - Resolution No. 01-128
O) Authorize the acceptance of a utility easement (from Dowdel Investments, Ltd out of the
Hezekiah Williams Survey, Abstract 56) - Resolution No. 01-129
Councilmember Cokinos moved to approve the Consent Agenda. Council member Samuel
seconded the motion. MOTION PASSED.
Minutes May 22,2001 Page 2
Ayes: Mayor Pro Tern Goodson, Councilmembers, Cokinos, Ames,
Samuel, and Patterson
Noes: None
GENERAL BUSINESS
1. Consider a request for a zone change from A-R (Agricultural-Residential) to GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District and a specific use permit for a
15,000 square foot office building on Folsom Drive between Major Drive and Dowlen Road
Councilmember Cokinos moved to approve Ordinance No. 01-037 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 A-R
(AGRICULTURAL-RESIDENTIAL)DISTRICTTO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT FOR A 15,000 SQUARE FOOT OFFICE BUILDING ON FOLSOM DRIVE
BETWEEN MAJOR DRIVE AND DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
Councilmember Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Pro Tern Goodson, Councilmembers, Cokinos, Ames,
Samuel, and Patterson
Noes: None
Councilmember Cokinos moved Ordinance No. 01-038 ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A 15,000 SQUARE FOOT OFFICE BUILDING IN A GC-
MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT, LOCATED ON THE
NORTH SIDE OF FOLSOM DRIVE,ABOUT ONE-HALF WAY BETWEEN DOWLEN ROAD AND MAJOR
DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. COUncilmember Ames
seconded the motion. MOTION PASSED.
Ayes: Mayor Pro Tern Goodson, Councilmembers, Cokinos, Ames,
Samuel, and Patterson
Noes: None
2. Consider a request for a specific use permit for a dentist office and two other office
buildings in a RM-H(Residential Multiple Family Dwelling-Highest Density)district at 3590
Delaware
Councilmember Cokinos moved to approve Ordinance No. 01-039 ENTITLED AN
ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DENTIST OFFICE AND TWO OTHER
OFFICE BUILDINGS IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)
DISTRICT LOCATED AT 3590 DELAWARE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS. Councilmember Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Pro Tern Goodson, Councilmembers, Cokinos, Ames,
Samuel, and Patterson
Noes: None
Minutes May 22,2001 Page 3
3. Consider authorizing the acquisition of property for the Charlton-Pollard Parksite
Councilmember Samuel moved to approve Resolution No. 01-130 authorizing the
acquisition of property from Exxon Mobil Corporation in the amount of$205,000 for the
Charlton-Pollard Parksite. Councilmember Cokinos seconded the motion. MOTION
PASSED.
Ayes: Mayor Pro Tern Goodson, Councilmembers, Cokinos, Ames,
Samuel, and Patterson
Noes: None
4. PUBLIC HEARING: Dilapidated Structures
Consider an ordinance 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
Ordinance No. 01-040 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE
PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced.
The below listed structures have been condemned by the City Council and owners
ordered to either raze or repair them within specified time frames. Reinspection of these
structures has revealed a noncompliance with the Council's order.
Authorization is requested from the City Council to allow the City to demolish the following
structure immediately without further notification to the owners:
3650 Magnolia (Church Nursery) - The House of God Church, Inc., c/o Elder J. Leon
Jackson, owner.
Authorization is requested from City Council to declare the twenty-seven(27)below listed
structures to be dangerous structures and order the owners to raze such structures within
ten (10) days. If the owner fails to comply within ten (10) days, staff requests City
Council's authorization to allow the City to demolish these structures without further
notification to the property owner or City Council action:
2993 Amarillo - Cleon Fowler, owner; 1190 Ashley - Billy Hadnot, owner; 2690
Avenue D - Ben Lewis, owner; 750 Avenue E - Michael and Judy Randolph, owners;
1665 Avenue G - M. O. Safadi, owner; 4230 Bessemer - Cecelia Bernard ESTATE,
owner; 450 E. Delaware - Thomas L. Keys, owner; 3150 Dogwood (Garage) - Bernice
Powell, owner; 2810 Euclid - Rudolph Hebert c/o Junior Stroud, owner; 3410 W. Euclid-
Sam Jones c/o H. L. Warren III, Attorney at Law, owner; 1997 Harriot - Jack Pickett
ESTATE, owner; 1625 Herring-Franklin Duplechain, Jr., owner; 2355 Jacobs-Herman
T. Hester, owner; 3230 Lampassas - Lynn and Patsy Cloud, owners; 1507 Laurel -Abe
Holmes ET UX, owner; 1084 Long - Anna Belle Davis ESTATE c/o Jacqueline Toran,
owner; 1789 Magnolia (Garage/Shed) - Westwood Missionary Baptist Church, owner;
5260 Nelkin Lane - Brenda Small Jones, owner; 2098 011ie Garage/Shed) - Lawrence
Minutes May 22,2001 Page 4
Blaize ET UX, owner; 2185 Pecos - Rudolph J. Broussard, owner; 633 Royal - J. B.
Langham ESTATE,owner; 655 San Jacinto(Commercial/Rice Dryer) -American Rice
Growers Co-Op Association, owner; 1811 Tilson - Sherman & Sherman, Inc., owner;
1812 Tilson (Structure in Rear) - Helen P. Ballard, owner; 2045 Washington Blvd. -
Joe Harris, owner; 3135 Washington Blvd. - Chester Carey, owner; and 3451
Washington Blvd. - Marshall Lee Jones.
The public hearing opened at 1:52 p.m.
Mr. Cleon Fowler addressed Council to report recent progress in demolishing an
aluminum garage and the entrance and requested a 90-day extension to complete
rehabilitation of the structure at 2993 Amarillo.
Ms. Annie Williams addressed Council on behalf of her father, Mr. Ben Lewis, owner of
the structure at 2690 Avenue D, to request a 90-day extension to rehabilitate the
structure. Ms. Williams reported that the yard has been cleaned and bids received for
rehabilitation.
Mr. Lupe Simenta, 18132 Highway 73, addressed Council to request an extension for the
property at 655 San Jacinto. Mr. Simenta explained that the American Rice Growers Co-
Op Association is the legal owner of the property, but has filed bankruptcy, and his desire
is to purchase the property for back taxes and Jefferson County foreclosure expenses.
Council discussed legal ramifications,the structure being dangerous and an eyesore,and
security of the building. After discussion, deferring action today seemed more plausible
than an extension.
Mr. and Mrs. (Lefty) Herman Heston addressed Council to request a 90-day extension on
the structure at 2355 Jacobs. Mr. and Mrs. Heston want to have a contractor assess the
cost effectiveness of rehabilitating the structure and enroll in a work program if the repair
expense is feasible.
Mayor Pro Tern Goodson relayed information of a letter received from Ms.Alisa Broussard
requesting a 90-day extension for the structure at 2185 Pecos. Because of surgery, Ms.
Broussard is unable to attend the public hearing and submitted her request in writing for
an extension to evaluate rehabilitation of the property.
The public hearing closed at 2:48 p.m.
Mayor Pro Tern Goodson recapped the structures addressed today, and Council made
recommendations to amend the ordinance to defer action on the structure at 655 San
Jacinto(commercial)and grant 90-day extensions to the structures at 2993 Amarillo,2690
Avenue D, 2355 Jacobs, and 2185 Pecos. All other structures will remain at their
respective status.
Councilmember Cokinos moved to approve Ordinance No.01-040 with the above stated
amendments. Councilmember Samuel seconded the motion. MOTION PASSED.
Minutes May 22,2001 Page 5
Ayes: Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames,
Samuel, and Patterson
Noes: None
WORK SESSION
Discuss FY 2002 Budget Proposals. -The work session was deferred until June 5, 2001
for the City Manager and staff to pursue a full blown budget presentation.
COMMENTS
Councilmembers comment on various matters
Councilmember Patterson extended congratulations to all graduating seniors,commended
Statewide Consolidate Community Development Corporation and South Trust Bank for
assisting five families to successfully complete ownership of their new homes on Hebert
and Garth Streets, and spoke of a well attended neighborhood block party held Saturday,
May 12, to welcome the families.
Mayor Pro Tern Goodson reviewed activities of the week that included the Fire Training
Center's dedication of a new processing unit last Thursday and expressed appreciation
to BASF Corporation for donating the unit and for their collaborative efforts in foundation
and subsurface improvements to the unit. He applauded the Sabine Chiefs Association,
the Beaumont Fire Department, and Council for their support of a world class fire training
facility, and expressed appreciation to fire fighters who play an important role in assuring
safety and security to those living close to industrial and chemical complexes.
City Manager Bonczek interjected that Lamar University also partners with the Fire
Training Center and expressed his fascination with the entire project and the efforts of Mr.
Tommy Sparks
City Manager Report-2001 Budget Summit; Theodore R. Johns, Sr. Branch Library; Sale
of Central Park Property Notice of Public Hearing; Police Department Training Update;
Temporary Assignments; City Team Attends Police and Emergency Vehicle Show; Train
Whistles; 2001 Certificates of Obligation; Vaccine for Children Provider Conference;
Tennis Court Renovation; Neches River Parade; All America City Award
Mr. Bonczek reported that a change order in the amount of $29,000 is eminent for
construction of the new Theodore R. Johns, Sr. Branch Library due to discovery of
concrete and other building materials beneath the soil requiring removal before pouring
the slab, a public hearing for the sale of Central Park property will be held June 19, and
the EMS Manager has resigned and the duties will be absorbed by other Public Health
employees and the position will not be filled at this time. Also, he reported that the
Transportation Division is reviewing 25 railroad crossings that have been identified for
possible closure and said the City was approved for a $300,000 grant for installation of
Minutes May 22,2001 Page 6
track side directional horns at the crossings that remain open, which should result in a
relief of noise for residents. Mr. Bonczek submitted information regarding issuance of
Certificates of Obligation resulting in long-term savings and proceeding with adjusting the
amount of debt to be within the $10 million cap to achieve bank qualified status. Also,
he expressed concern of misrepresentations and clarified comments made that he did
not want to discuss the proposed storm water drainage fee with local pastors is untrue,
and said he scheduled and invited all ministers to a meeting to discuss the new,
innovative, and controversial proposal.
Mayor Pro Tem Goodson commented that complaints of train whistles at crossings have
been made to Council many times, and requested location sites for possible closure and
the number of crossings that will be served by the grant as soon as possible.
Public Comment (Persons are limited to three (3) minutes).
Miss Brittany Stelly, 1705 May Street, a fifth grade student and Student Council President
at Blanchette Elementary School, addressed Council to request widening of Lela Street
to accommodate after school traffic and construction of sidewalks near Blanchette
Elementary School to provide safe passage for students walking home.
Miss Kanisha Holiday,2110 Hegele,a Blanchette Elementary School student, addressed
Council to submit a petition of approximately 24 signatures in support of a sidewalk on
Blanchette Street, and for better street/traffic access through covering drainage ditches.
Mr. Leroy Lewis, III, 1201 Euclid, addressed Council to congratulate graduating seniors,
and to voice his opinions about Council absence from meetings, in support of a street user
fee, more jobs, widening of Lela and Virginia Streets, hiring 50 additional fire fighters and
including opportunity for Hispanics, and building a homeless shelter. Mr. Lewis also
complained of loud music,drugs,trash, lights out on Eleventh Street between Washington
and Fannett, requested drainage repairs on Washington Boulevard, trees needing
trimming on Washington Boulevard and Pennsylvania, sewers smelling, more stringent
enforcement of DWI laws, road rage, prostitutes near Fletcher Elementary School, and
repairs at the bus stop near Parkdale Mall.
(Councilmember Patterson left the Council Chamber at 2:38 p.m. and returned at 2:42
P.M.)
Mr. Lashon Proctor, 4680 Jancar Drive, addressed Council to complain of racial profiling
at Riverfront Park, police officers on duty at parks frequented by Black citizens, 9:00 p.m.
curfews enforced at Riverfront Park and not at Rogers Park. Mr. Proctor also complained
of flier distribution distinguishing park rules and commented that the noise ordinance not
only addresses loud music and said enforcement should be across the board.
Councilmember Samuel confirmed that Mr. Proctor's comments should have referred to
Collier's Ferry Park, not Riverfront Park, and commented about weekly park reports from
the Police Department.
The City Manager stated that capacity is the issue and that park rules have been in force
for some time. He said Collier's Ferry Park has a limited capacity and addressed the
Minutes May 22,2001 Page 7
Police Department park report showing the number of warnings given before tickets are
issued.
Mayor Pro Tern Goodson suggested that Mr. Proctor discuss the subject with the City
Manager and Councilmember Samuel following the meeting.
Mr. Stephen Warren, 1005 Sun Meadow, addressed Council to speak about a tax
increase because of the Entertainment Complex construction and to question status of
the Terry Samuel problem.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Claim of Kelly Dugas
There being no further business, the meeting adjourned at 2:45 p.m.
Guy N. Goodson, Mayor Pro Tern
Barbara Liming, City CI rk
Minutes May 22,2001 Page 8