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HomeMy WebLinkAboutMIN JAN 16 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 January 16, 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 January 16, 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 * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Pro Tern Goodson called the meeting to order at 1:33 p.m. Councilmember Samuel gave the invocation. Councilmember Cokinos led the pledge of allegiance. Present at the meeting were: Mayor Pro Tern Goodson, Councilmembers Cokinos,Ames, Samuel and Patterson (arrived at 1:42 p.m). Mayor Moore and Councilmember Smith were absent. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Mayor Pro Tem Goodson announced that Mayor Moore is attending the National Conference of Mayors in Washington D.C., Councilmember Smith is convalescing from recent surgery, and Councilmember Patterson is en route to the meeting. *Presentations and Recognitions - None Issued *Public Comment: Persons may speak on scheduled agenda items. No one addressed Consent Agenda items. * Consent Agenda * Approval of the minutes of the regular meeting held January 9, 2001 * Confirmation of committee appointments - Appointment: Eric Anthony Belt, Historical Landmark Commission for a term expiring January 15, 2003 - Resolution No. 01-009 A) Approve the purchase of 340 feet of fiberglass pipe and one manhole assembly (from Industrial Utility Sales Co., Inc. in the amount of $75,400) for use by the Water Utilities Division - Resolution No. 01-010 B) Approve the purchase of one diesel powered winch (from TT Technologies, Inc. in the amount of$74,500) for use by the Water Utilities Division - Resolution No. 01-011 C) Approve a three-year contract for grounds maintenance of Tyrrell Park (with Alamo Lawn Service at $65,100 per year) - Resolution No, 01-012 D) Approve an annual contract for medical laboratory services (with Christus St. Elizabeth Hospital Lab for an estimated expenditure of$31,370) - Resolution No. 01-013 E) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in Ashton, Phase I - Resolution No. 01-014 (Street and Storm Sewer Improvements: Savannah Trace from existing Delaware Street approximately 525 feet south to proposed bridge crossing an existing concrete lined drainage ditch and Water and Sanitary Sewer Improvements: Lots 1-6) and - Resolution No. 01-015 (Street and Storm Sewer Improvements: (Savannah Trace from existing Savannah Trace approximately 422 feet north to a proposed bridge crossing an existing concrete lined drainage ditch and Natchez Trace from proposed Savannah Trace approximately 373 feet east to and including the cul- de-sac and Water and Sanitary Sewer Improvements: Lots 1- 9, Block 3) F) Approve a resolution urging the U.S. Environmental Protection Agency to finalize approval of the clean air plan submitted in 1999 by the Texas Natural Resource Conservation Commission (TNRCC) - Resolution No. 01-016 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, and Samuel Noes: None GENERAL BUSINESS 1. Consider a request to abandon the southwesterly 3' of the 10' x 101.24' utility easement lying along the north side of Lot 38, Block 1, Glen Oaks Addition at 4665 Glen Oaks Circle Councilmember Cokinos moved to approve Ordinance No.01-002 ENTITLED AN ORDINANCE ABANDONING THE SOUTHWESTERLY T OF THE 10'X 101.24'UTILITY EASEMENT SITUATED ALONG THE NORTHERLY SIDE OF LOT 38, BLOCK 1, GLEN OAKS ADDITION AT 4665 GLEN OAKS CIRCLE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR RELOCATION OF THE EXISTING PHONE CABLE AND GRANTING A NEW EASEMENT. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, and Samuel Noes: None 2. PUBLIC HEARING: Dilapidated Structures Minutes January 16,2001 Page 2 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.01-003 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 three (3) structures immediately without further notification to the owners: 2755 Cable - Donald Wayne Fones, owner; 2485 McFaddin (Apartments) - Roxanne Bramble, owner; and 2019 South - Virginia F. Coffman, owner. Authorization is requested from City Council to declare the twenty-four (24) 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: 2407 Brooklyn - Harriot Anderson, owner; 2857 Concord Road -Ada Lee Porter c/o Mona M. Williams, owner;2325 Cousins-John Mack, Jr., owner; 840 Devilleneuve-James Rocio ESTATE c/o Beverly Ford, owner; 1021 Evalon - Lillian Micely c/o Alton McCurley, owner; 4945 Fannett Road (Commercial) - Robert J. Texak, owner; 3905 Johnstown - Ellen M. Marmion, owner; 3915 Johnstown - Ellen M. Marmion, owner; 2906 Pine - Ricky R. Vallair, owner; 3208 Pine - Maude Lee Good, owner; 3287 Pine - Luther Garner, owner; 275 Plum E. - Margaret L. Jones c/o Tommy Josey, owner; 2188 Pope - Robert Lee Forward ET LIX, owner; 2070 Potts - Henry Thomas, owner; 6650 Rebecca Lane - Corey and Deondria Dumas, owners; 1790 Roberts - Tri-City Investments LLC, owner; 2400 Smart (Commercial/Apartments) - Chris and Beverly Gobert, owners; 4155 Sullivan (Garage) - Ambrose S. Daigle, Jr., owner; 770 Trinity - L. L. Melton, owner; 706 Wall - L. L. Melton, owner; 720 Wall - L. L. Melton, owner; 2585 Washington Blvd. (Commercial/Church) - Spiritualist Church of the First Born, owner; 3451 West - Thomas Joseph Martin, owner; 4020 Willie Mae - Pauline Brazier, owner. Authorization is requested from the City Council to declare the four (4) below listed structures to be dangerous structures and order the owners to raze such structures within thirty(30)days, or enroll in a work program. If the owner fails to comply with thirty(30)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: 2215 Cottonwood - Eva Mae Singleton, owner; 439 Crockett (Commercial) - B & M Properties, Inc,Attn: Marlin Williford,owner;2035 Glasshouse-Gary E.Strahan,owner;and 2295 Ives - Shirley A. Mewa, owner. Minutes January 16,2001 Page 3 The public hearing opened at 1:39 p.m. Mr. Donald Fones addressed Council to request additional time to rehabilitate the structure at 2755 Cable. Mr. Fones stated that he has been delayed because of weather, shorter work days, and illness of his helper. Demolition Field Supervisor Pam Loiacano reported that no appreciable repairs have been made, but said a dilapidated garage has been demolished, the grounds are clean, the house has been secured, and complaints from neighbors have ceased. (Councilmember Patterson arrived.) After discussion regarding the number of work programs and extensions granted, Council voiced support of a final 120 day extension to complete rehabilitation. Mr. Marlin Williford of B & M Properties, Inc., accompanied by Mr. Joe Greer and Mr. Tom Burbank, addressed Council to request additional time to complete sale of a portion of the property to Mr. Greer and Mr. Burbank. Mr. Greer informed Council that he owns adjacent property and is interested in purchasing additional space from Mr. Williford for possible expansion of his law offices. A lengthy discussion revealed that Mr. Williford desires to retain a section of the property for future development of loft apartments and finalize a sale to Mr. Greer and Mr. Burbank after certain evaluations have been completed by Fittz and Shipman, Inc. relative to rehabilitation costs. Council concurred that retaining downtown structures is a priority,expressed appreciation forthe collective vision of the three gentlemen and verified that the structure is on the raze or repair list today. After further discussion, Council concluded that leaving the structure on the raze or repair list and bringing it back next month would allow ample opportunity to complete the feasibility study before more drastic action would be taken. Additional discussion included the cost of commercial demolition and asbestos abatement. Mr. Jesse Pollard , 4040 Ogden, addressed Council to state deferral of his time for Mr. Arrendondo to speak. Mr. Alfred Arrendondo, 1125 Van Buren, addressed Council to speak about the structure at 655 Madison and was advised that since that structure is not on the agenda today, he could address that matter at the end of the meeting. Ms. Beverly Ford addressed Council to request an extension for the structure at 840 Devilleneuve. Ms. Ford stated that she is one of seven heirs to the property and needs to receive consensus from the others regarding razing the property. A lengthy discourse encompassed correspondence and mail problems, certificate of heirship, taxes, and demolition and rehabilitation costs. Council concluded that moving the structure to the raze or repair list would give opportunity to obtain an agreement of heirship or for demolition. Mr. Ricky Vallair, a Houston resident, addressed Council to request an extension to rehabilitate the structure at 2906 Pine left to him by his grandparents. Mr. Vallair was advised to secure the structure immediately and Council indicated support for an additional 120 day extension. Minutes January 16,2001 Page 4 Mr.Harvey Coffman addressed Council to request additional time to rehabilitate the structure at 2019 South Street and asked that a permit be granted for electrical service. Ms. Loiacano recapitulated previous work programs entered, the amount of work completed, and injury circumstances limiting Mr. Coffman's ability to continue rehabilitation. She informed Council that a meter cannot be placed on the house until the work is completed, but a temporary pole can be received. In response to Council query, Mr. Coffman stated that a 120 day extension would allow him time to complete rehabilitation. Mr. Clark Shofner, 3615 Holland, addressed Council to request a 45-day extension to complete rehabilitation of the structure at 1790 Roberts. Ms. Loiacano stated that a death in Mr. Shofner's family prevented him from accomplishing much work at the beginning of the program, but said she anticipates he will complete rehabilitation of this structure at the same high standard level used on another structure on Liberty Street. Mr. Robert Lee Forward addressed Council to request additional time to rehabilitate the structure at 2188 Oak Street and to state disagreement regarding seepage through the cracked foundation. After a lengthy discussion, explanation was given that Council cannot wave ordinances or building codes, and that a licensed electrician or plumbing contractor must secure permits for those repairs and Council supported a 120 day extension. The public hearing closed at 2:53 p.m. Mayor Pro Tern Goodson recapped the structures addressed today, and Council made recommendations to amend the ordinance to reflect that: the structure at 2755 Cable be removed from the demolition list and a work program be granted to not exceed an additional 120 days;the structure at 2019 South Street be granted an additional 120 days;the property at 840 Divilleneuve be removed from the demolition list and placed on the raze or repair list; the structure at 2609 Pine Street be enrolled in a work program not to exceed 120 days, subject to immediately securing the property; 2188 Pope moved to the raze and repair list and allow the owner to enroll in a work program not to exceed 120 days and the structure secured immediately; and a 45-day extension be granted for 1790 Roberts, subject to immediate securing of the structure. All other structures will remain at their respective status. Councilmember Cokinos moved to approve Ordinance No. 01-003 with the above stated amendments. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters Councilmember Samuel commented that the Martin Luther King,Jr. celebration was wonderful and stated he enjoyed riding on the fire truck with Mayor Moore and Councilmembers Cokinos and Minutes January 16,2001 Page 5 Patterson. He spoke about the enjoyment of the day, said this was one of the largest parades in Beaumont, and looks forward to next year's celebration. Also, Councilmember Samuel said he looks forward to the results of Willie Ray Smith awards this week. Mayor Pro Tern Goodson extended best wishes to Councilmember Smith in her rehabilitation from a recent surgery and her return in the near future. *City Manager Report: Paperless Agenda, Remittance Processor-Cash Management, 10th Annual Biker Toy Run, Fire Service Fees Update, Fundraiser Events, Water Planning and Tyrrell Park Horse Stables City Manager Stephen J. Bonczek reported on a proposal to upgrade and renovate the Tyrrell Park horse stables by a private individual in a partnership agreement with the City where the individual would contribute $72,000 of the $175,000 estimated renovation costs. Parks and Recreation staff will make a presentation at a work session and provide a funding source for final consideration. Mr. Bonczek stated work is progressing toward the possibility of a paperless agenda. The agenda will be sent via the internet and will save paper and increase productivity. Lap top computers will be provided for Councilmember convenience. Councilmember Ames requested a cost comparison of the paper agenda to the electronic agenda. The City Manager reported that implemented fire service fees are generating revenues and reducing demands for some services. Mr. Bonczek recommended consideration of acquisition of remittance processors to assist in processing payment receipts in the Cash Management Division to increase productivity and better utilization of staff resources, and said funds are available for this expenditure in the Capital Reserve Fund. He announced the Partnership in Governance Meeting will be held January 30, 2001, at the Tyrrell Park Garden Center to discuss the five strategic issues identified by Council. Mayor Pro Tern Goodson suggested investigating the possibility of identifying and accessing State and Federal recreational project grant funding for the Tyrrell Park horse stables renovation. Councilmember Patterson added an announcement that a Ward IV meeting will be held January 31, 6:30 p.m., and the L. L. Melton YMCA. * Public Comment (Persons are limited to three (3) minutes). Mr. Chuck Turner with Turner Wrecker Service, 1307 Liberty Street, Mr. James Stokes, 1307 Liberty, and another unidentified gentleman appeared before Council in opposition to the current non-consent wrecker rotation list. Mr. Turner stated the current list is based on the number of trucks, not the number of companies, in service. He expressed feelings that the rotation schedule unfairly gives preference to larger wrecker service companies. Mr. Stokes supported Mr. Turner's complaint. They also complained that the larger companies have obtained representation of Attorney Thomas Roebuck, but stated that he does not represent their company or about nine others. The gentlemen submitted a copy of a memorandum from Chief Tom Scofield to wrecker companies,a letter from Attorney Roebuck to Chief Scofield,and a copy of the non-consent rotation list to Council. Further discussion included current review of the wrecker ordinance, verification of conformity of non-consent of tow charges, and City Attorney Lane Nichols expressed appreciation for the knowledge that all wrecker companies are not being represented by Mr. Roebuck. Minutes January 16,2001 Page 6 The Reverend Sammie Singleton, 720 Roberts, addressed Council to again complain that cases are being filed under incorrect codes by the City prosecutor, statutes not being properly enforced, and about noise from horns, loud music and automobile radios. He referred to Department of Public Safety laws. The Reverend Singleton claimed intimidation and fear from threats. City Attorney Lane Nichols stated he has read the information submitted, but the prosecutor was out of the office Wednesday through Friday at a seminar and Monday because of a holiday. Therefore, he has not had opportunity to discuss the cases and concerns with him. Mr. Nichols asked that any complaints regarding Court proceedings be directed to him personally at his office instead of at a public forum in the future, and said he would investigate the issues and file a report with Council. Mayor Pro Tern Goodson assured the Reverend Singleton that Council's desire is that the Court is a proper reflection, and that the City Attorney will review the matters and results will be reported back to him by a member of Council. Mr.Alfred Arrendondo, 1125 Van Buren,addressed Council to request additional time to obtain and rehabilitate the structure at 655 Madison, previously placed on the demolition list. Mr. Arrendondo claimed the decision to demolish was not made by Council. At the request of Mayor Pro Tern Goodson, Ms. Loiacano reported that the structure is on a demolition list and has been before Council several times. She said Mr. Arrendondo did not own the property when the structure was in the beginning condemnation process. Ms. Loiacano said Mr. Arrendondo was granted an extension to clear legalities to purchase the property, but they were not completed in the specified time frame, more time to finalize legal problems and repairs to the structure was given, ownership was not transferred during the extension and no repairs were made. The property was again brought before Council,and the structure was condemned. Mr.Arrendondo was notified of all these proceedings. Ms. Loiacano reviewed cooperative efforts of Councilmember Samuel and other Councilmembers to assist Mr. Arrendondo, his cleaning and repairs efforts of the property, and an injury preventing Mr. Arrendondo from not completing repairs. Since this is not an agenda item, Mayor Pro Tern Goodson explained that no action can be taken. Councilmember Samuel stated that he continually asked Council for extensions to assist Mr. Arrendondo until the last time the property was brought forward for condemnation, and then asked, as he is today, that nothing be done until further notice. He said he has observed that property and others of Mr. Arrendondo, at the request of neighbors. He said one of his greatest concerns was security of the building and after observing the other structures cannot recommend another extension. Mayor Pro Tern Goodson reiterated the condemnation process. The Reverend J. D. Gregory, 3411 Glenwood, addressed Council to discuss property rental problems in Texas and Louisiana. Also, he quoted increase of his gas bill in November of$36 to $194 in January and expressed a desire that Council assist with increased gas prices. There b i g no furthe business, the meeting adjourned at 3:34 p.m. Guy N. Goodson, Mayor Pro Tern Barbara Liming, City Clerk Minutes January 16,2001 Page 7