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HomeMy WebLinkAboutMIN MAR 20 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 March 20,2001 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 March 20, 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 1:35 p.m. The Reverend James Blackwell, South Park Baptist Church, gave the invocation and led the pledge of allegiance. Present at the meeting were: Mayor Pro Tern Goodson,Councilmembers Smith, Cokinos,Ames, Samuel and Patterson. Mayor Moore was absent. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions - No proclamations were issued. *Public Comment: Persons may speak on scheduled agenda items CEO for Memorial Herman Baptist Hospital, Mr. David Parmer, 895 21St Street, addressed Council in support of the sale of property at Central Park. He explained expansion needs for the hospital to better serve the community with rising demands and their interest in purchasing the property. Attorney Scott Mann, representing Memorial Herman Baptist Hospital, addressed Council in support of the sale of property at Central Park,offered his assistance regarding the proposal,and presented a layout showing the area and expansion plans. Mr. Lloyd Hunt, 3050 Hollywood, addressed Council in opposition to sale of a portion of Central Park. He presented pictures showing park participants and spoke of needed repairs and said small children may be put in danger and some park usage will cease with a decrease of park space. Councilmember Cokinos requested Item "G" on the Consent Agenda be considered separately because of its importance. Mayor Pro Tern Goodson agreed that the item has a great impact on the community and thanked Councilman Cokinos for his suggestion. * Consent Agenda * Approval of the minutes of the regular meeting held March 6, 2001 Confirmation of committee appointments - Reappointments: Greg Thompson, Civil Service Commission, term expiring January 31, 2003; Mary Jowers, Civil Service Commission, term expiring January 31, 2004; and Marilyn Hebert, Drug Free Beaumont Commission, term expiring January 5, 2003 - Resolution No. 01-062 A) Approve a six-month contract (with Altivia for an estimated expenditure of$109,074 ) for the purchase of sodium hydroxide for use by the Water Utilities Division - Resolution No. 01-063 B) Approve the purchase of one Kronos time clock system (for $65,103.67) which will interface with the HTE financial software currently used for payroll processing - Resolution No. 01-064 C) Approve a bid for a 460-foot long, 24-inch diameter horizontal directional bore for the subsequent installation of a 20-inch water main ( J & D Construction for $32,200 ) - Resolution No. 01-065 D) Authorize the acquisition of property in the Glenwood Addition for the Neighborhood Revitalization Project ( Lots 7 & 8, Block 205, Glenwood Addition, 3890 Detroit Avenue for$5,000 from H.L. Cessac, Hamilton L. Cessac,Jr.,Janis C. Surage, Mary Phyllis Pope, and Teresa K. Calahan) - Resolution No. 01-066 E) Authorize eminent domain proceedings to acquire the interest of one of the owners and the acquisition of the remaining interest in Parcel 60 (0.002 acre out of and part of Lot 1 of the Bodin Subdivision in the Williams Survey Abstract 385, 3435 Concord Road, from Gerald A. Upshaw, Jr. and David R. Upshaw) of the Concord Road Project - Resolution No. 01-067 F) Authorize the execution of a deed conveying lots ( Lots 2, 3, 4, 5, and 6, Block 17 of the Jirou Addition (Ashley and Forrest Streets)and Lots 1, 2, 3, 4, and 5, Block 1 of the South Park 4t' Addition [replat of part of Tract 2, Block 25 of the Iowa Colony Addition] ( Florida and Kenneth)) to the Beaumont Community Housing Development Organization, Inc. for the construction of homes for the Neighborhood Revitalization Project) - Resolution No. 01-068 Councilmember Cokinos moved to approve the Consent Agenda. Council member Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None G) Approve a resolution opposing those portions of S132 and HB3290 which would eliminate "Junior Water Rights" from the Texas Water Code Minutes March 20, 2001 Page 2 Mayor Pro Tern Goodson explained resolutions ares being adopted by cities in Southeast Texas to support actions of legislative delegations and others that are championing preservation of Junior Water Rights that currently exist under the Texas Water Code. He commented about numerous newspaper articles and commentaries written regarding the importance of maintaining these rights. Mayor Pro Tern Goodson concurred that this is an important issue for our area that will be discussed, deliberated, and fought over in the current legislative session and commended our legislative delegation for their work in protecting the area's Junior Water Rights Councilmember Cokinos moved to approve the Resolution No. 01-069 Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Consider approving a contract for the 2000 Street Rehabilitation Program Project in the amount of$1,933,235.75 Councilmember Smith moved to approve Resolution No. 01-070 authorizing the award of a contract for the 2000 Street Rehabilitation Program Project in the amount of $1,933,235.75 to LD Construction. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider authorizing the award of a contract for construction of the Blossom, Mary and Hollywood Street Pavement Improvement Project Councilmember Patterson moved to approve Resolution No. 01-071 authorizing the award of a contract for the Blossom, Mary and Hollywood Street Pavement Improvement Project in the amount of$462,190.05 to W.B.Construction, LTD. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider accepting the Folsom Drive Pavement Extension Project,approve Change Order No. 1 and authorize final payment in the amount of$158,745.86 Minutes March 20, 2001 Page 3 Mayor Pro Tern Goodson expressed disappointment with the minority business participation for this project and emphasized that it is very important for contractors to meet the MBE participation rule. In response to questions, Public Works Director Tom Warner responded that the City is negotiating with Entergy on installation of street lights that should be completed within two months and that the lack of street lights would not affect building construction. Councilmember Samuel requested information on future change orders and questioned the difference of the next lowest bid for this project, and the City Manager explained that the change order was for increased estimated quantities and would have had the same effect on all bids. Councilmember Smith moved to approve Resolution No. 01-072 accepting the Folsom Drive Pavement Extension project, approving Change Order No. 1, and authorizing final payment in the amount of $158,745.86. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider approving a tax abatement agreement with WLK Limited Partnership and Baker McMillen Company Councilmember Cokinos moved to approve Resolution No. 01-073 approving a tax abatement agreement with WLK Limited Partnership and Baker McMillen Company. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider approving an amendment to Section 2-27 of the Code of Ordinances relating to responsibilities of the Fire Department Councilmember Smith moved to approve Ordinance No. 01-022 ENTITLED AN ORDINANCE AMENDING CHAPTER 2,ARTICLE II,SECTION 2-27,OF THE CODE OF ORDINANCES OF BEAUMONT TO REMOVE THE FIRE DEPARTMENT'S RESPONSIBILITY FOR CIVIL DEFENSE AND EMERGENCY MEDICAL SERVICES FUNCTIONS OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes March 20, 2001 Page 4 6. Consider an adoption of an ordinance amending General Election Ordinance No. 01-006 to provide for a ballot proposition authorizing the sale of 4.07 acres of property located at Central Park Councilmember Patterson stated she is not opposed to selling the park property, but has concerns that include how monies derived from the sale will be used. She stated that she feels a significant amount should be returned to Ward IV to be used for park improvements and cited specific park improvements. Mr. Bonczek clarified the Parks and Recreation Advisory Committee's recommendation that no less than$600,000 be accepted from sale of the property and proceeds be used for a park in the Avenues'area. Mr. Bonczek further explained that Administration has not made any recommendation for the property proceeds, but only has given examples. Councilmember Ames verified that monies received from the sale are to be spent on park improvements and must be brought before Council for final approval. Councilmember Samuel stated he represents the City of Beaumont generally, but particularly represents Ward III. He spoke of his attempts to not get caught up in ward politics, but said sometimes it does become an issue. He noted that Tyrrell Park is in Ward IV, stated he will not look at fund allocations by a particular ward but will be concerned with getting the most good out of the dollars that are spent. Councilmember Samuel expressed his belief that the ballot proposition for the sale of property is representing democracy in its truest form where voters will have opportunity to decide if the park property will be sold. Councilmember Smith echoed Councilmember Samuels comments regarding voting for the interest of the entire city. She stated she is very excited about the hospital plans, and said money received from the sale will be good for all the parks and she is in favor of bringing this item for a public vote and decision. Councilmember Patterson agreed that Tyrrell Park is in Ward IV as a regional park that serves the whole city. She stated that Central Park began as a community park, but through previous sales and leases has become a neighborhood park. She commented about the need for neighborhood parks to which children may walk and stated there are no other neighborhood parks in that area. Councilmember Patterson said that because of the votes that put Council in office, it is sometimes essential to enter into ward politics. She maintained that when one represents constituents fairly and to the best of one's ability, that part of the city is represented. She said all four parts make up a whole, and what is good for the part is good for the whole. She stated that when she represents Ward IV, she represents the whole city. Mayor Pro Tern Goodson clarified wording of the ballot proposition and provision that park sale proceeds must be retained for park lands or facilities with City Attorney Lane Nichols who confirmed that City Charter provisions are being followed. Councilmember Smith moved to approve Ordinance No. 01-023 ENTITLED AN ORDINANCE AMENDING ORDINANCE 01-006, THE ELECTION ORDINANCE WHICH CALLED A GENERAL ELECTION FOR THE 5TH DAY OF MAY, 2001 TO PROVIDE FOR A BALLOT PROPOSITION Minutes March 20, 2001 Page 5 AUTHORIZING THE SALE OF A PORTION OF CENTRAL PARK AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Ames seconded the motion. MOTION PASSED Ayes: Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Abstained: Mayor Pro Tern Goodson Mayor Pro Tern Goodson explained that he did not vote or participate in deliberation on this issue because a member of his law firm represents the hospital and he did want there to be any appearance of impropriety. 7. Consider authorizing the City Manager to execute a Development and Lease Agreement with Jeff Hughes for the Tyrrell Park Stables Mayor Pro Tern Goodson read a letter received today from Mr. Jeff D. Hughes: "It is with regret that I must withdraw my offer to the City to lease and operate the Tyrrell Park Stables. Time is too short to make the stable facility ready for the Summer of 2001. Hopefully, Council will consider my offer at a later date..." Because of the withdrawal, Mayor Pro Tern Goodson announced that no action will be taken on this item. 8. Consider approving a contract between the City of Beaumont and the Southeast Texas Community Development Corporation Councilmember Ames moved to approve Resolution No. 01-074 authorizing a contract with the Southeast Texas Community Development Corporation in the amount of$18,877 to provide home buyers'counseling and pay audit fees forthe 2000 audit. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 9. Consider approval of the purchase of a Panini S 1 remittance processor from Diversified Financial Systems, Inc. for the Cash Management Division Councilmember Cokinos moved to approve Resolution No. 01-075 awarding the bid to purchase one Panini S1 remittance processor from Diversified Financial Systems in the amount of$121,854.25. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 10. PUBLIC HEARING: Dilapidated Structures Minutes March 20, 2001 Page 6 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 who owners failed to comply with condemnation orders Ordinance No. 01-024 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 four (4) structures immediately without further notification to the owners: 2985 Amarillo - Sidney Provost, owner; 840 Devilleneuve - James Rocio ESTATE c/o Beverly Ford,owners; 3545 Marie-Guido F and Carolyn Hanak,owners;and 1161 Park - David Wayne Tinkle and Robert Tinkle, owners. Authorization is requested from City Council to declare the twenty-three (23) below listed structures to be dangerous structures and orderthe owners to raze such structures within ten(10)days. If the property 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: 110 Adams - Christ Gospel Churches International, Inc., owners; 2725 Cable (Garage Apartment) - Matilda Williams c/o M.T. Alford, owner; 3095 111 Street - New Hope Baptist Church,owners;986 Euclid(Garage Apartment)-David Hancock ET UX,owner; 2810 Harriot - Winold Goodman, owner; 2812 Harriot - Winold Goodman, owner; 3805-09 Highland (Commercial) - Christ Gospel Churches International, Inc., owner; 1800-08 Irving (Commercial) - John Gerard, owner; 3350 Lampassas - George and Wanda Boston c/o Vidor Realty, Inc., owner; 1852 Lela - Joe Warren, owner; 1255 Maple - Mollie Bean, owner; 2480 Monroe (Shed) - B. R. Lawrence IT UX, owner; 2380 Pecan Rear Structure) - Hazel Manson, owner; 4430 Pershing - Floyd Joseph Guillory ET UX, owner; 1990 Prairie-Jose and Cheryl Mojica, owners; 2370 Rockwell - Marguerite Johnson, owner; 3036 Rockwell - Bumette M. Lavely c/o Leon Lavely, owners; 1385 Royal (Garage Apartment) - Peter T. Hoang & M.T. Canh, owners; 775 Sherman - Philip and Rosa C. Smith, owners; 728 Stanton - Dwight Corbin, owner; 2183-85 Tyler (Duplex) - Helen M. Edge, owner; 2195 Tyler - Helen M. Edge, owner; and 2380 Wilson - Michael T. Pittman ET UX, owner. Authorization is requested from city Council to declare the five (5) 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: Minutes March 20, 2001 Page 7 4665 Bessemer- Helen M. Edge, owner;439 Crockett(Commercial)- B&M Properties, Inc., Attention: Marlin Williford, owner; 3240 Lampassas - Bobby G. Rozas, owners; 1247 Long - Robert Lee Forward, owner; and 1260 Orange - Jacquelyn C. Mouton and Jane Asha, owners. City Manager Stephen J. Bonczek requested that the structure at 439 Crockett (Commercials be deferred because of resale issues. Mayor Pro Tern Goodson explained the public hearing procedures for dilapidated structures. He stated Council is always cooperative in working with property owners to maintain good habitable structures, said Council will remain diligent in insuring that property owners staythe course in rehabilitation efforts and that those entering into a work program do not repeatedly come back to Council, but complete the work program in a reasonable period of time. The public hearing opened at 2:19 p.m. Mr. Dwight Gasaway addressed Council regarding the structure at 1385 Royal (Garage Apartment). Mr. Gasaway stated that he is representing Peter and Marie Hoang because they have difficulty communicating in English. He said the property was damaged last year by fire, Mrs. Hoang did not receive the first letter from the Clean Community Department, and she would like to enter into a work program to bring structure up to City Code. Councilmember Ames authenticated the presence of the property owner, Mrs. Marie Hoang, and Councilmember Cokinos verified that the structure is repairable after suffering fire and water damage. Mayor Pro Tern Goodson confirmed with the owner that repairs could be completed within ninety (90) days. Mr. David Wayne Tinkle, 4065 Highway 12, Vidor, Texas, and Mr. Robert Tinkle (no address given)addressed Council to request additional time to complete rehabilitation of the structure at 1161 Park. They explained that the property was held in trust and that an extended period of time was taken to dissolve the trust and funds were not available until March to commence rehabilitation. They presented an asbestos inspection and an estimate for foundation repairs to Demolition Field Supervisor Pam Loiacano. Mr. Robert Tinkle explained that the structure requires extensive foundation and roofing repairs and that space for handicapped parking will have to be made available and requested a120 day extension. Councilmember Ames commented that the owners could not be faulted for legal delays in dissolving the trust, and if the building is secured and since bids have been received for rehabilitation, she recommends permitting a work program to be entered. Councilmember Samuel stated the structure is across from his office and he has seen recent activity at the location. He said the structure is secured, and he has noticed the efforts of the owners in maintaining the landscaping, and stated that the structure looks much better. Mr.Allen Lee, 5095 Maddox,addressed Council to represent the owners of 6766 Bigner and was advised that property was not on the condemnation list for consideration today. Minutes March 20, 2001 Page 8 Mr. Vincent Turner, 5080 Gober Road, representing New Hope Baptist Church, addressed Council to request time to sell the property at 3095 11`h Street to help with costs in rebuilding a new church on Avenue A and announced that earnest money towards a sale has been received. In response to Councilmember Cokinos' query, Mr. Turner stated that the insurance adjuster did not know the cause of the roof collapse. Mayor Pro Tern Goodson explained that Council must proceed with action today and cannot put this matter off because it is derogatory to the neighborhood and a potential safety hazard. He stated Council could not defer proceedings because of real property transactions. Mr. Turner indicated he would like to establish a work program to rehabilitate the structure. The Reverend Samuel E. Jones, 4375 Sunbury Drive, representing Christ Gospel Church, addressed Council to request an extension to enroll in a six-month work program to rehabilitate the structures at 3805-09 Highland (Commercial) and 110 Adams. Councilmember Patterson explained that the usual limit is a 120-day work program, and the Reverend Jones affirmed that repairs on both structures could be completed in that time frame. Ms. Cindy Yellott, 1107 Hardwood Circle, Orange, representing Vidor Realty, addressed Council to request an extension to rehabilitate properties at 3350 Lampassas and 3240 Lampassas. Ms. Yellott stated that Vidor Realty owns both properties, but did not have proof of ownership available. Demolition Field Supervisor Pam Loiacano advised Council that the property at 3350 Lampassas is in care of Vidor Realty but is in the name of George and Wanda Boston, and she is unclear of the responsible party and who would enroll in the work program. Ms. Loiacano stated that Mr. Larry Brewer is the owner of Vidor Realty and has been before Council many times. She reviewed roof repairs at 3240 Lampassas and a portion remaining to be repaired. Ms. Loiacano said neither structure is secured,they continue to be vandalized,and numerous complaints have been received from the Fire and Police Departments and citizens in the area. She advised Council of previous problems in receiving proof of ownership from Vidor Realty for properties. Mayor Pro Tern Goodson commented that the property at 3350 Lampassas has been enrolled in two work programs. He requested the matter be handled in an expeditious manner, said Council joins with owners to work on these matters, but stated that Council does not want to be taken advantage of by people who cannot make the commitment to bring structures up to code. Mayor Pro Tern Goodson recommended putting the properties on raze or repair and no action taken for thirty(30)days to allow the properties to be secured, a work program initiated, proof of ownership shown with a recorded deed, and not commit to a time period until there is a concurrence by Mr. Brewer to work with Council in a collaborative effort. Councilmember Smith stated that if Mayor Pro Tern Goodson's recommendations are not followed, she recommends razing the structure in thirty (30) days. The public hearing closed at 2:49 p.m. Mayor Pro Tern Goodson recapped the structures addressed today, and Council made recommendations to amend the ordinance to reflect that: the structures at 1161 Park, 110 Adams, 3095 11' Street, 3805-09 Highland (Commercial) and be removed from the Minutes March 20, 2001 Page 9 demolition list and work programs be granted to not exceed an additional 120 days; the structures at 3240 Lampassas and 3350 Lampassas be removed from the demolition list and work programs be granted to not exceed an additional 30 days; the structure at 1385 Royal (Garage Apartment) be removed from the demolition list and a work program be granted to not exceed an additional 90 days; and the structure at 439 Crockett (Commercial) be deferred. All other structures will remain at their respective status Councilmember Smith moved to approve Ordinance No. 01-024 with the above stated amendments. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson,Councilmembers Cokinos,Ames,Smith,Samuel and Patterson. Noes: None * Councilmembers comment on various matters Councilmember Samuel requested that the structures at Tyrrell Park be secured and announced a Ward III Advisory Committee meeting to be held Thursday at 6:30 p.m. at the M. L. King Middle School to discuss storm water systems, public service applications, and other Ward III concerns. Mayor Pro Tem Goodson applauded Councilmembers who attended meetings with the National League of Cities, expressed appreciation for the opportunities to meet with senators and congressmen, said they were very fruitful meetings, and stated hopes that funding requests for proposed projects will be quickly considered. *City Manager Report - Stormwater Management Program Presentations; Luke Jackson Announces Retirement Plans; 2000 Consolidated Grant Plan; Commercial Sewer Tap; Convention and Visitors Bureau Board Strategic Planning; Local Control 911; City Seal; Gilbert Art Center; Downtown/Waterfront Steering Committee Meeting; Municipal Court; 800 MHZ Trunked Radio System; Gilbert Committee Meeting; Municipal Court; 800 MHZ Trunked Radio System; Gilbert Park City Manager Stephen J. Bonczek voiced appreciation for Council comments relative to the Strategic Action Plan 2001. He announced that storm water power point presentations will be conducted in neighborhood groups, on the KLVI Jack Pieper talk show, and that a meeting is pending with the Chamber of Commerce Board of Directors. Mr. Bonczek said the Budget Summit will occur on May 11 or May 18. He reported receiving a proposal from Saint Anne's Catholic School for the City to accept a $20,000 contribution in a partnership towards the estimated$75,000 Gilbert Park improvements projectwith an approval recommendation from the the Parks and Recreation Advisory Committee. Mr. Bonczek reported moving ahead with the installation of an 800 MHZ trunked radio communication system with a goal to be operational in September. He advised Council that Public Works staff met with local plumbers concerning commercial sewer taps and agreed to determine the feasibility of a contract with a company to perform commercial sewer taps greater than four feet in depth or that require installation of a manhole with the developer bearing the costs. Minutes March 20, 2001 Page 10 In response to Councilmember Samuel's query, Mr. Bonczek explained that the City is using the 800 MHZ analog system over a digital system because of economics, said the new system will greatly enhance the quality of our communication system and with digital encryption controllers will serve our system for the next ten years, and confirmed that Motorola will guarantee service, parts, and replacement. * Public Comment (Persons are limited to three (3) minutes). Mr. Frank Kiefer, 3190 Willowood, addressed Council to comment about the storm water drainage system, to express concerns with water and sewer rate increases, retention ponds for storm water, homes and businesses impacting existing storm drains, and debris clogging in the storm drains and pumps. He suggested that contractors pay fees to tie into existing storm drains, insure Beaumont Police Department enforcement of litter laws, and not tax low and fixed income residents. Mr. Kiefer questioned the proposed $4.5M expenditure going to the jails and the new entertainment complex,the no limit travel expense for Councilmembers and listening to citizens. Mr. Allen Lee, 5095 Maddox, addressed Council to speak about his step daughter appearing in an April issue of Ebonv magazine, the horse stables at Tyrrell Park and information about the proposed operator, suggested the Tyrrell Park stables be torn down and monies saved be used for wading pools. He also spoke in support of Fletcher Park improvements, the City assuming operation of the L. L. Melton Y.M.C.A.,and requested a meeting with the City Managerto discuss a non-resident user fee tax. Mr. Leroy Lewis III, 1201 Euclid, addressed Council concerning loud music, repairs on Virginia Street, street light outages, Council Chamber security, broken street curbs, lack of repairs after construction projects, designating $300 M to curb and gutter streets in Ward IV, elderly citizens being forgotten, two policemen in patrol cars for their safety, and people moving to Houston for better employment opportunities. Mr. Benny Mendoza, 5655 South Kenneth, addressed Council as a member of the Parks and Recreation Advisory Committee, his vote to sell the property at Central Park, and said he favors Fletcher Park expansion and spoke about additional park facilities in Ward III. Mr. Lloyd Hunt, 3050 Hollywood, addressed Council concerning relocating a backstop at Central Park where it would not be a nuisance, said he hoped the proposition to sell park property would be phrased in understandable language,and reported needed repairs at the basketball court and swing areas at Imagination Station. Mr. Robert Preston, 1190 Iowa Street, addressed Council concerning a letter from the City Manager in regards to a digital voice file. Mr. Preston voiced claims of an unsatisfactory relationship with the City Manager and members of Council, and a conflict with a neighbor. Mr. Wallace Chargois, 3765 Preston, addressed Council to complain about congested street parking on Preston Street during Saint Peter's Catholic Church Sunday services creating an unsafe situation for emergency vehicles attempting to respond to needs. Mr. Chargois requested Council assistance and suggested parking on one side of the street only. Minutes March 20, 2001 Page 11 Mr. Mark Williford, 6395 Westgate, addressed Council concerning his six-year old autistic daughter, Laura, and stated that in 1996 the Beaumont Health Clinic injected his daughter with a DPT and MMR vaccination which included 60 times the recommended Food and Drug Administration's safety level of exposure to ethyl mercury. He said ethyl mercury is used as a preservative in vaccinations, and the American Academy of Pediatrics and the Public Health Service have ordered its removal from vaccines. Mr.Williford asked Council to direct the Public Health Director to request mercury free vaccines. He distributed an in-depth article printed in The Examiner, a joint statement of the American Academy of Pediatrics and the U. S. Public Health Service, and an article written by Dr. Tim O'Shea entitled Autism and Mercury. Mr. Marshall Scott, 3725 Avenue B, addressed Council to complain of a Police Officer questioning him while walking on a street, the need for sidewalks, and jaywalking by a City employee. (Mr. Preston was advised not to speak aloud in the audience while others are addressing Council.) Mr. Abraham Davis, 2735 Alanto, addressed Council as a Disk Jockey at Dee's Din to voice his opinion about loud music complaints. The Reverend Leday, 7498 Boyd Road, addressed Council on behalf of Mrs. Franklin's, owner of Dee's Din,constitutional rights being violated, cited occasions he observed the establishment for noise violations, and stated it is a property inheritance problem and not a noise problem. Mr. William Johnson, 1045 Madison, addressed Council to complain about a traffic citation he received from the Beaumont Police Department for a traffic accident near his home. EXECUTIVE SESSION *Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont v. Ralph D. Hodges, Jr. (Will not be addressed at this meeting) Entergy Gulf States, Inc. There being no further business, the meeting adjourned at 3:29 p.m. AS4",�-) Guy N. Goodson, Mayor Pro Tern arbara Liming, City Clerk Minutes March 20, 2001 Page 12