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MIN JAN 21 2003 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tom EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson January 21,2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Susan Henderson, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on January 21, 2003, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:35 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations, Recognition and Proclamations Public Comment: Persons may speak on scheduled agenda items Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:34 p.m. Pastor Tonia Garrett, of Abundant Life Cathedral Ministries, led the invocation. Councilmember Goodson led the pledge of allegiance. Roll call was made by Susan Henderson, City Clerk. Present at the meeting were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson. Also, present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk; and Betty Braxton, Deputy Clerk. Proclamations, Presentations and Recognitions • Beaumont Chamber of Commerce Day - Presented by Councilmember Ames, Accepted by Jim Rich, President of the Beaumont Chamber of Commerce • Jason Day - Presented by Mayor Lord, Accepted by Chuck Mason, President of Mason Construction and Dr. Paula Nichols, Jason Project Director Public Comment: Persons may speak on items listed on the Consent Agenda or on any General Business item. None CONSENT AGENDA Approval of minutes - Minutes of January 14, 2003 Confirmation of committee appointments - Resolution 03-019 Ralph Johnson would be appointed to the Historical Landmark Commission. The current term would expire June 19, 2004. (Councilmember Lulu Smith) Pam Johnson would be appointed to the Parks and Recreation Advisory Committee. The term would commence January 21, 2003 and expire January 20, 2005. (Councilmember Andrew Cokinos) A) Authorize the City Manager to submit an application to the Office of the Governor (Criminal Justice Division) for grant funding for the Family Violence Task Force - Resolution No. 03-020 B) Approve a resolution authorizing the acceptance of a water line easement providing access for fire prevention services located out of Lot 3, Block 3, Wescalder Fig Acres (9405 College) - Resolution No. 03-021 C) Approve a resolution authorizing the acceptance of a water line easement providing access for fire prevention services located out of the W.B. Dyches Survey,Abstract 17 (8020 Eastex Freeway) - Resolution No. 03-022 D) Approve a resolution authorizing the acceptance of two (2) water line easements providing access for fire prevention services located at the new Kroger Site at 3965 Dowlen Road - Resolution No. 03-023 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None GENERAL BUSINESS 1. Consider authorizing the execution of a take-over agreement between the City of Beaumontand Bituminous Casualty Corporation and Old Republic Surety Company forthe completion of the construction of the 5MG Clearwell Project. A contract was entered into on June 11, 2001, between the City of Beaumont and Blacksher and Son, Inc. for the construction of the 5MG Clearwell and High Service/Filter Backwash Pump Station in the amount of$6,575,000. The contract with Blacksher and Son was terminated December 5,2002. At that time,the surety companies on the project, Bituminous Casualty Corp. and Old Republic Surety, were asked to take over the job. A take-over agreement has been negotiated and the surety companies will complete the project in accordance with the terms of the original contract. The surety companies will pay Minutes -January 21,2003 Page 2 to the City the sum of$61,609.87 for additional expenses incurred from the date that the contract called for substantial completion to present. There are no new funds implicated by this agreement and there are sufficient funds in this project account to complete the project. Councilmember Samuel moved to approve Resolution 03-024 authorizing the execution of a take-over agreement between the City of Beaumont and Bituminous Casualty Corporation and Old Republic Surety Company for the completion of the construction of the 5MG Clearwell Project. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 2. Consider an amendment to the existing food manager certification fees as specified in Section 11-84 (a) and Section 11-88 of the Code of Ordinances. Currently, the Health Department charges fees for a number of health related services including a $60.00 fee for food manager training and certification. Each year, approximately 210 food managers complete the twelve hour course taught by City Staff. In the past, the state assessed the city a fee of$7.00 per test booklet and the cost for the booklets was absorbed by the city. However, effective September 1, 2002, test booklet fees were increased to $17.00 per booklet. As a result, it has become cost prohibitive for the city to continue to absorb these costs. Staff recommends increasing the total cost of the course and certification from $60 to $95. Staff also recommends a proposed re-test fee of$20.00 for students retaking the test. This fee will cover the actual cost of the test booklets including costs for mailing the completed tests to the state. Mayor Pro-Tem Lulu Smith moved to approve Ordinance No. 03-003 to consider an amendment to the existing food manager certification fees as specified in Section 11-84 (a)and Section 11-88 of the Code of Ordinances. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 3. Consider approving a six month contract for the purchase of asphaltic concrete for use in the Public Works Department. Administration recommended awarding a six (6) month contract for the purchase of asphaltic concrete at an estimated total contract expenditure of$184,000.00, as funds are available in the Public Works Department's operating budget. Minutes -January 21,2003 Page 3 Cold laid asphaltic concrete is used for repairing potholes and small sections of street. Hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 6,000 tons of asphaltic concrete will be used during the term of the contract. Councilmember Goodson moved to approve Resolution 03-014 awarding a six(6)month contract for purchasing asphaltic concrete to APAC-Texas, Inc. at the following unit prices: $30.00 per ton for hot laid concrete - plant pickup, $33.30 per ton for jobsite delivery; and $32.00 per ton for cold laid concrete - plant pickup, $35.00 per ton for jobsite delivery. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None Mayor Lord recessed the regular City Council meeting at 1:55 p.m. 4. Consider PUBLIC HEARING: Dilapidated Structures Mayor Lord opened the Public Hearing for Dilapidated Structures at 1:57 p.m. 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. 03-004 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR RENOVATION OR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced. The structures listed below have been condemned by the City Council. Owners of these structures were ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed a noncompliance with the Council's order. Administration recommended that Council consider after public hearing to declare the following twenty-eight (28) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10)days,staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Those structures are: 1. 2165 Albany, Gerald Sam, Owner; 2. 1692 Blanchette, Selena Johnson; 3. 1692 Blanchette (Auxiliary Bldg.), Selena Johnson, owner; 4. 3815 Bristol Drive, Bobby Ray Ball, owner; 5. 1498 Church, Rosie L. Newton c/o Ed Creagh,owner; 6. 4765 Cleveland Minutes -January 21,2003 Page 4 & Auxiliary Structure, Anthony I. Palumbo c/o Phillip A. Palumbo, owner; 7. 1620 Elgie, Clemay Malborough c/o Lorena Price, owner; 8. 3289 W. Euclid, Walter Mae Freeman, owner; 9. 3140 Grand, Beulah Buckley ESTATE, owner;10. 5926 Greenmoor Lane, Larry Gouthia, owner; 11. 2520 Gulf(Garage) Eastern Progressive Missionary Baptist Church, owner; 12. 5130-40-50 Helbig Road (Commercial), Maebelle Semien, owner; 13. 5280 Helbig Road (Rear Barn), Morris Semien, Sr., owner; 14. 5280 Helbig Road (Tool Shed), Morris Semien, Sr.,owner; 15. 3136 Hollywood, Mary Howard,owner; 16. 2235-41 Laurel (Metal Shed), Melvin Cooper ESTATE, owner; 17. 2050 Leiper (Garage), Carrie M. Hamilton, owner; 18. 1250 Maple (Rear Structure), Thelma Guillory, owner; 19. 1909 Neches (Multi-Dwelling Structure), Edward Hall James, owner; 20. 3036 Pine (Front Structure), Donald Babino,owner;21. 3036 Pine(Rear Structure), Donald Babino,owner; 22. 2156 Pope, Victor & Hattie Idlebird, owner; 23. 2225 Rockwell, Ellen B. Eugene ESTATE, owner; 24. 740 Schwarner, Timothy Owens c/o Eldora Perro, owner; 25. 3883 St. Helena, Orina Simms, owner; 26. 7640 Stonetown, Carlo J. Malley, Jr., owner; 27. 3285 Westmoreland, Cleveland Yokum, owner; 28. 3290 Westmoreland, Levi Gautheir, owner Following the public hearing, authorization was requested from City Council to declare the one(1)structure listed below to be a dangerous structure and order the ownerto raze such structure, or enroll in a work program. If owner fails to comply, staff requested Council's authorization to allow the City to demolish this structure without further notification to the property owner or City Council action: 29. 2179 Pope, Bruce Brosnahan, owner; The following owners of above listed structures came before Council to ask for additional time to repair the following structures: *Victor Idlebird, of 4425 Galveston Street, addressed Council on No. 22: 2156 Pope. Mr. Idlebird cited financial difficulty in adhering to the previous work order granted by Council. Staff cited that their reinspection revealed the structure has remained in a dilapidate state. Councilmember Ames noted that a prior work program had been granted on 7-21-01 to extend until 11-15-01, and was then again extended until 6-15-02. Councilmember Ames asked staff had was any notable work accomplished during that period. Pam Loiacano, of Clean Community,stated that no noticeable repairs had been completed during the year long work program extension. Councilmember Samuel asked Mr. Idlebird how much time would be needed to begin repairs. Mr. Idlebird stated he would need an additional six to twelve month extension. Councilmember Samuel explained that Council tries to be receptive to requests made by owners for extensions, especially to enhance revitalization efforts within the City. Councilmember Samuel went on to explain that when notable repairs are not made when work programs are granted, or a time frame cannot be provided for repairs to begin and the structure becomes a nuisance for the neighborhood, Council cannot always move toward granting additional work repair orders. Councilmember Cokinos asked Mr. Idlebird was the residence vacant, as well as what was his plan to pay the back taxes owed. Mr. Idlebird confirmed the residence was in fact vacant and that he would be moving to pay back taxes as he received monies to do so. Minutes -January 21,2003 Page 5 *Patrice Johnson, represented Selena Johnson, on No. 2 & No. 3: 1692 Blanchette (including Auxiliary building). Ms. Johnson's intention is to open a dance studio using the two structures at this address. She had not yet applied for a specific use permit allowing a dance studio at this address. Ms. Johnson has been seeking funding for this endeavor. Ms. Johnson requested that Council grant her work repair order to allow her time to raise the necessary monies for repairing the two structures located at 1692 Blanchette. Mayor Lord asked if Ms. Johnson was aware that the repair costs would exceed more than 50% of the appraised value. Ms. Johnson confirmed her understanding of the costs involved. Pam Loiacano stated staff had an immediate concern that the canopy balcony may collapse because of deterioration and that the structure was not secure. Mayor Lord asked Ms. Johnson to secure the canopy and premises if a work order was granted. Councilmember Ames asked would the property be used as a residence if she were not granted the specific use permit. Ms. Johnson confirmed if not granted a specific use permit, she would attempt to use the structure for residential purposes. *Mervyn Howard, of 3125 Hollywood, represented his mother, Mary Howard for No. 15. 3136 Hollywood. Mr. Howard asked Council for an extension of a repair order. He stated that work had been performed on the structure. Mr. Howard also stated that some material purchased to complete repairs had been lost in the recent flood. Councilmember Cokinos wanted and received confirmation from Mr. Howard that the structure was secure. Pam Loiacano presented updates of her reinspection of the properties, when asked by Councilmember Patterson. Councilmember Patterson wanted and received confirmation from Mr. Howard that he would hire a licensed electrician and meet with Pam Loiacano to see that all repairs meet City standards. Public Hearing on Dilapidated Structures was closed by Mayor Lord at 2:18 p.m. Councilmember Patterson requested that Mr. Howard and his mother, Mary Howard, be granted 120 day extension for a work repair order. Councilmember Samuel informed the audience of the process used to grant work repair orders, as well as the expectations Council has that significant progress be made within the time frame allowed. Councilmember Samuel stressed the importance of the owners knowing that if significant work is not completed within the time period allotted, their properties are subject to be demolished without further notice. Councilmember Samuel moved to approve Ordinance No. 03-004 with the exceptions noted that owners of properties No. 15, 2, 3, 22 and 29 be granted 120 days to repair the structures, to enter a work program within 10 days. Councilmember Patterson seconded. MOTIONED PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Cokinos,Ames, Goodson, Samuel and Patterson Nays: None Minutes -January 21,2003 Page 6 Councilmember Goodson moved to approve Ordinance No.03-004 with exceptions noted above. Mayor Pro Tern Smith seconded the motion. MOTIONED PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmember Goodson Cokinos, Ames, Samuel and Patterson Nays: None EXECUTIVE SESSION Mayor Lord announced that immediately following the adjournment of Council meeting, Council would reconvene for Executive Session. Mayor Lord also announced that the Executive Session on the City Clerk was cancelled, as well as Agenda Item No. 5 listed as: Consider action concerning the position of City Clerk. A public hearing for this item will replace the scheduled Executive Session on the City Clerk. However, Executive Session would be held to discuss the following: • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Suzanne L. McClelland v. Bradley Richard Beaulieu and City of Beaumont, et al Sybil Cain v. City of Beaumont, et al COMMENTS Councilmembers comment on various matters Mayor Pro Tem Smith - None Councilmember Goodson - None Councilmember Cokinos - None Councilmember Ames - None Councilmember Samuel reported a citizen inquiry, to City staff, for the property owner next door to 3710 Bowen Drive. The street surface of the property is experiencing erosion from a water leak at this address. Councilmember Samuel also inquired of City staff to provide him with who has actual possession of the property formerly known as the Charlton Pollard Nursery. Councilmember Samuel reported that he had represented Mayor Lord on Monday, January 20, 2002, at the Sabine Area Restaurant Association banquet. The association presented eight (8) students, enrolled at Lamar University, with scholarships Minutes -January 21,2003 Page 7 for continuing to pursue education in the restaurant industry. He applauded their efforts for contributing to the education of these students. Mayor Lord pointed out the Restaurant Association holds the Taste of the Triangle event to raise monies for the scholarships provided. Councilmember Patterson announced that the Pear Orchard Neighborhood Association would be meeting on Tuesday,January 21,2003 at 7:00 p.m. at West Tabernacle Church. She asked citizens present at the meeting from the Pear Orchard to pass along that information. City Manager Kyle Hayes - None Mayor Evelyn Lord commented on the Martin Luther King program held at West Tabernacle Church on Monday, January 20, 2003. She stated the program was a well celebrated occasion and would be a memorable one for all those in attendance. Mayor Lord also reported that the Martin Luther King Parade, held by the NAACP on Saturday, January 18, 2003, was a great success. Public Comments (Persons are limited to three minutes) Tobe Duhon 2545 Amarillo Beaumont, TX Mr. Duhon reported to Council that he had telephoned Clean Community on various occasions to report that an alley behind his residence is being blocked with debris. Mr. Duhon stated the pile of wood and trash also causes serious flooding for Corley Street where it intersects. Tonia Garrett 2609 Magnolia Beaumont, TX Mrs. Garrett reported to Council that on numerous occasions her family made telephone calls to the police department about prostitutes and drug activity with no reply received. She asked that Council review her complaint. At this point, Mayor Pro Tern Smith interjected to add her knowledge of the prostitution and drug activity in this neighborhood. Georgine Guillory 3690S. 11th St. Port Arthur, TX Ms. Guillory asked Council to conduct a studyto understand how much taxdollars are being spent by citizens of Beaumont shopping in other areas of the Golden Triangle. She also requested Council to implement an economic development plan to enhance the south end of Beaumont. Minutes -January 21,2003 Page 8 Audio and video tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:35 p.m. 1_ 4 Mayor Evelyn r r? Susan Henderson, City Clerk Minutes -January 21,2003 Page 9