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Home My WebLink AboutMIN SEPTEMBER 17 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 17, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 17th day of September, 1996, with the following present: HONORABLE: David W. Moore Mayor Andrew P. Cokinos Mayor Pro Tern Councilman-At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward 11 John K. Davis Councilman, Ward III Absent: Becky Ames Councilman-At-Large Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Gary Brice, Beaumont Bible Church. Before prayer, the Reverend Brice encouraged Council with comments about the excitement exhibited at a meeting of 75-100 ministers with Dr. Carroll Thomas, Beaumont Independent School District Superintendent, about a new program involving ministers on campus and spoke of a men's meeting last night with several hundred in attendance with Dr. G. W. Daniels speaking at First Baptist Church and their commitment of overcoming certain boundaries in Beaumont ("Breaking Down The Walls in Beaumont," sponsored by the Brother to Brother local men's movement founded by the Reverend Mark Viator) and thanked Mayor Moore for his encouraging remarks. The Pledge of Allegiance was led by former Councilman Joseph Deshotel. -000- One Proclamation was issued: "Constitution Week," September 17-23, 1996. 281 September 17, 1996 Citizens were invited to comment on the Consent Agenda and Regular Agenda Items 1-4. No one wished to address these topics. -000- The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held September 10, 1996; Resolution No. 96-211 appointing Ron Mathis to the Drug Free Beaumont Commission for a term expiring September 16, 1999 and Franklin Young as Vice-Chairman of the Martin Luther King, Jr. Parkway Commission for a term expiring September 16, 1997; Resolution No. 96-212 authorizing a License to Encroach with Philip Gagnon for a pool encroaching into an eleven (11')foot utility easement on Lot 5, Block 4, Somerset Village Addition, 9315 Kenmore Drive for a one-time fee of$500; Resolution No. 96-213 authorizing a contract with Park Medical Laboratory for testing services required by the Public Health Department for an estimated annual expenditure of$22,015; Resolution No. 96-214 authorizing refinancing an historic preservation loan with Eric and Cathy Belt for the property located at 2226 Evalon for the balance of$3,449.98 with the rate of repayment established at $95.83 per month for a period of thirty-six (36) months; Resolution No. 96-215 authorizing a request for a 1997 Certified Local Government (CLG) Grant from the Texas Historical Commission for a travel stipend to send three Historic Landmark Commissioners and one (1) staff person to the CLG Workshop in Lubbock during the Fall of 1997; Resolution No. 96-216 authorizing contracts for traffic marking materials used by the Public Works Department with Vulcan Signs for purchase of sign posts for an estimated expenditure of $15,360; Nippon Carbide for reflective sheeting materials for an estimated expenditure of $16,020 and Amsign Corp. for sign blanks and sign faces for an estimated expenditure of $19,044.70; Resolution No. 96-217 accepting donation of 1.836 acres, Tract 31-B out of City Plat D-20, A. Williams Survey, 3700 Block of Grand Avenue, from Mr. J. Austin Daigle; Resolution No. 96-218 authorizing a lease of approximately 6,600 square feet of airport property to construct a storage hangar for personal aircraft for a period of 30-years to Mr. J. M. Carrell and Mr. Hugh Kelley with an annual lease payment of $.05 per square foot for an annual payment of$330 for the first five years with an annual increase of one cent ($.01) per square foot 282 September 17, 1996 every five years during the lease term; and Resolution No. 96-219 authorizing waiver of penalty pursuant to Section 33.011 of the Texas Property Code as each failure to pay was caused by a billing error or similar mistake for Account Number 274700-011400 (Service Title), $13.72; Account Number 002550-057201(Dianne LaBorde), $16.28; Account Number 700000-029300 (John Everett), $78.30; and Account Number 038250-003000 (Zelma Wilson), $84.01. The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-220 authorizing a contract with A& L Contractors, Inc. for furnishing all labor, equipment, materials and supervision to construct additional restroom facilities at Tyrrell Park in the amount of$86,790.00 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-221 authorizing an annual contract with APAC-Texas, Inc. to provide Hot Mix/Hot Laid Asphaltic Concrete, FOB Vendor's Plant at $23.50/ton, FOB Jobsite, Zones 1-4 at $26.00/ton and Hot Mix/Cold Laid Asphaltic Concrete, FOB Vendor's Plant at $25.78/ton, FOB Jobsite, Zones 1-4 at$28.28/ton for an estimated annual expenditure of$85,670.00 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-222 authorizing a contract with Neild Construction/Development Corporation for exterior renovations to the historic Downtown YMCA Building located at 934 Calder in the amount of$765,000.00 made possible by the Texas Department of Transportation's - Statewide Enhancement Program through the federal Intermodal Surface Transportation Efficiency Act (ISTEA) was introduced. Mayor Pro Tem Cokinos questioned architectural fee payment, and the City Manager explained that the City is not a party to that portion of the project. Mayor Pro Tem Cokinos also asked about the City's responsibility and Mr. Riley reported that the City's contract with TxDot requires the City to monitor the project as with any other and said our financial obligation is 20% or about $146,000 283 September 17, 1996 that was authorized by Council several months ago through Community Development Block Grant funds. Councilman Smith commented that architectural fees include overseeing the renovation per the plans. Other comments included span of architectural fees, feasibility study, the scope of work and modification of the plans. Resolution No. 96-222 was approved on a motion made by Councilman Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None Mayor Moore expressed appreciation for Council and City Staff effort in making this project a reality that will beautify the downtown area and provide more available living space. Councilman Smith also pointed out that another historic structure will be salvaged. Mayor Pro Tem Cokinos said he is for the project, but wishes that someone would closely monitor the outflow of money and was assured by Mayor Moore that the entire project will be monitored. -000- Resolution No. 96-223 designating the Statewide Consolidated Community Development Corporation, Inc. (SCCDC) as an approved Community Housing Development Corporation, allocating 1996 Home Grant funds to: Statewide Consolidated Community Development Corporation in the amount of$324,000 for the projected costs and administration costs needed to develop 11 new homes in the Charlton-Pollard Neighborhood and authorizing a contract, Innovative Housing Development Corporation in the amount of $250,000 for home buyers assistance for development of 11 new homes in the Charlton-Pollard Neighborhood and to Statewide Consolidated Community Development Corporation in the amount of$169,000 for home buyers assistance necessary for 11 new home to be developed in the Charlton-Pollard Neighborhood resulting in 33 new homes in the Charlton-Pollard Neighborhood was introduced. The City Manager reported that the program has been successful, and that all homes have been sold. Council comments and discussion included price range of homes that are between $45,000 - $50,000, commendations to City Staff, choice of two CHDO's materializing, profitability of this venture, participation by Texas Commerce Bank, appreciation on behalf of Charlton-Pollard residents by Councilman Davis regarding renovation of this area, regeneration of some monies as mortgage buy-downs and explanation that Rosie Jones, a former City of Beaumont employee, is Executive Director of the Statewide Consolidated Community Development Corporation, Inc. and that Gaylyn Cooper is president of the Innovative Housing Development Corporation. Resolution No. 96-223 was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None 284 September 17, 1996 Ordinance No. 96-51 declaring certain dilapidated structures to be public nuisances and ordering their removal by the owners within a specified time and authorizing removal of twenty-six (26) structures considered at a previous public hearing in which the owners have failed to comply with condemnation orders was introduced: ORDINANCE NO. 96-51 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 thirty-four (34) below listed dilapidated structures are found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 2915 Astor - Dickson Investments c/o Wm. S. Dickson, owner (25 violations); 7715 Broussard Road - John M. Bryant, owner(22 violations); 2425 Buchanan (rear shed) - R. C. Flores, owner (8 violations); 4150 Buffalo - Janet Collier, owner (19 violations); 2370 Delaware - H I Assets, owner (25 violations); 1610 Doucette - Mobil Oil Corporation c/o Property Tax Division, owner (25 violations); 749 Euclid (14 violations) and 2660 Euclid, Commercial (19 violations) - Ming Tai Cheng, owner of both structures; 3229 Euclid W- Ella Booze Estate, owner (25 violations); 3236 Euclid - Mattie D. Sanders, owner (25 violations); 3226 Euclid - George Winters, Jr., owner (25 violations); 250 Fletcher - Hilda Wilson Lewis, owner (25 violations); 5860 Garner Road - Horace J. Broom c/o Teresa Rangel, owner(25 violations); 1725 Harriot- Lelia Chargois Estate, owner (25 violations); 4295 Hi_hq land - W. D. Withers Estate c/o Atty. Sidney King, owner (19 violations); 2017 Laurel - H. H. Houseman, owner(25 violations); 2196 Leight -Veterans Administration c/o Art Stanley, owner (25 violations); 1970 Lela - Bernedette Miller, owner (24 violations);2096 Liberty - Carrie K. Leatherwood, owner (25 violations); 2240 Linson - Vincent Gonzales, Jr., owner (24 violations); 1497 Long - Gilda Brouchet, owner (25 violations); 1580 Madison (25 violations) and 1585-87 Madison (24 violations) - Sherman & Sherman, Inc., owner of all structures; 3005 Magnolia (Garage Apt.) - A. E. Rogers, owner(21 violations); 5270 Midford - Mary Perkins McDowell, owner (20 violations); 1048 Miller-7 Jesse Adams, owner (25 violations); 1030 Pope - Jethro Carrington, owner (20 violations); 2104 Renaud - J. B. McDaniels c/o Hilton Patton, owner(18 violations) 3130 S. James - Lula F. Auguste, owner(25 violations); 856 Trinity-Anita Wallace, owner(25 violations; 3890 Usan - Dolores Giles, owner(25 violations); 1620 Victoria - William R. Gilmore, owner (25 violations); 651 Washington Blvd. (Garage) - Lillie Wood owner (11 violations); and 2399 Washington Blvd. - Mable Todd, owner (25 violations); Staff recommendation to raze all structures. 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. 285 September 17, 1996 The two (2) 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. Authorization is requested from the City Council to demolish these two structures in accordance with the Dangerous Structure Ordinance and charge these property owners who have signed consent demolition forms with the cost of the demolitions: 3000 M. L. King South Parkway and 11495 Old Voth Road. The twenty-six(26) below listed structures 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. Authorization is requested 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. 4515 Abiline, 2410 Blanchette (Apts.), 1153 Bolivar, 4164-68 Ector(Garage Apt.), 6520 Frint, 1255 Gladys, 1925 Glasshouse, 3562 Goliad, 3572 Goliad, 1319-21 Grand, 1012 Harrison, 1016 Harrison, 1020 Harrison, 3925 Houston, 1310 Isla, 1054 Long, 1150 Magnolia (Commercial), 2196 Neches, 2395 Orange, 985 Parry, 1972 Pennsylvania, 5191 Roberts, 2040 Utica, 2288 Victoria (Front), 2288 Victoria (Apt.), and 3155 Westmoreland. A public hearing was opened to consider the above listed structures. Mary Louise Perkins, 1430 Captain, requested additional time to repair the structure at 5270 Midford, said the notice was sent to a P. 0. Box and she was not aware of the deadline because she does not pick up the mail regularly, said the name is reversed and should be Mary McDowell Perkins, and explained that her financial situation has changed and she would like to again start a work program to rehabilitate the structure. There being no one else to address Council regarding these structures, the public hearing was closed. Council consensus was to remove 5270 Midford from Section 2 of the ordinance and allow Ms. Perkins to begin a work program for the structure's rehabilitation. As amended, Ordinance No. 96-51 was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Councilman Davis reported a large area near Magnolia and IH-10 that needs additional street lighting and overgrown grass that needs to be targeted and said a citizen will approach Staff with specific details and asked for Mr. Warner's assistance. 286 September 17, 1996 Mayor Pro Tem Cokinos expressed appreciation to Public Works Director Tom Warner for railroad crossing repairs at Calder and street repairs on Laurel, Washington and 11 th Street and said a lot of citizens have been made happy. Mayor Moore relayed a citizen request about a water leak at Crockett and Goliad and asked Staff to give attention to the matter. Mayor Moore observed that Council action items on the agenda addressed construction and progress with three different projects: the downtown community, the Charlton-Pollard neighborhood and financial and community based support with Habitat for Humanity. Also, he referenced Pastor Brice's earlier comments about a meeting with Beaumont Independent School District considering the role of ministers in the development of our community and about the men's meeting at First Baptist Church that will continue throughout the week and expressed his appreciation for the commitment and participation of citizens. -000- Mayor Moore prefaced the citizen comment portion of Council meeting by stating this privilege is extended to citizens to hear from them and to receive valuable input to resolve their concerns, not a public forum for anything other than City business of government. He said that deviation from this procedure by not addressing items germaine to Council or City business or if attacks on individuals begin, an automatic termination of time at the microphone will be enforced. Mr. Allen Lee, 5095 Maddox, addressed Council to state that road repairs or inconveniences are spoken of when they affect Councilmembers, spoke of the picket at the Police Department today, media coverage, reasons for the picket, said over 650 complaints have been filed against the Police officers during the past three years, again spoke of Lawrence Lewis' death, shared his ideas of the Police and Sheriff's Department and said there will be picketing at the Police Department next week. Mr. Robert L. Williams, Sr., 1022 Ellen, addressed Council to suggest they drive through neighborhoods to observe operation of the Police Department, said they are doing a good job; complimented Councilman Davis for his concern about Ward III, and asked for assistance with drainage on Ewing Street and ditches that need to be cleaned. Mayor Moore thanked Mr. Williams for the manner in which he presented his issues, and Councilman Davis thanked him for becoming involved in community affairs. Mr. Tony Jones, 3715 East Lucas, read portions of the U. S. Constitution, commented about domestic tranquility in relation to portions of Council meetings during the past ten months, freedom of speak and peaceable assembly and said that abusive remarks made personally about Council members is also of the office and citizens of Beaumont, said he is tired of the abuse and citizens "cannot, must not and will not tolerate any more abuse at Council meetings," and said people should speak with civility and respect. 287 September 17, 1996 There being no further business, the meeting was adjourned. -000- 1, Barbara Liming, Deputy City Clerk for the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held September 17, 1996. Barbara Liming Deputy City Clerk 288 September 17, 1996